Ch 7 - Policies, Acts and Provisions Related to Education

Chapter 7: Policies, Acts and Provisions Related to Education and Children with Special Reference to Social and Economic Class, Caste, Tribe, Religion, Language and Gender

Introduction for Student-Teachers:
Dear future teachers, education in India is not just about learning to read and write. It is a powerful tool for social transformation. Our country is diverse, with people from different economic backgrounds, castes, tribes, religions, and languages. Unfortunately, many of these groups have faced historical discrimination and exclusion from education. This chapter explores how India's policies, laws, and constitutional provisions work to ensure that every child, regardless of their background, has the right to quality education. As a teacher in Punjab, you will encounter this beautiful diversity in your classroom. Understanding these provisions will help you become a fair, inclusive, and effective educator.

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7.1 POLICIES, ACTS AND PROVISIONS RELATED TO EDUCATION WITH SPECIAL REFERENCE TO CLASS, CASTE, TRIBE, RELIGION, LANGUAGE AND GENDER

Education in India has evolved from being a privilege of a few to a fundamental right for all. Let's examine the key policies and provisions that address the needs of different social groups.

1. Addressing Economic Class: Free and Compulsory Education

The Challenge: Children from poor families (low economic class) often drop out of school to work or because they cannot afford fees, uniforms, or books.

Constitutional and Policy Response:

• Article 21A (Right to Education): Makes education a fundamental right for children aged 6-14.
• Right to Education (RTE) Act, 2009:
• Mandates free education (no fees, charges, or expenses).
• 25% Reservation: Private unaided schools must reserve 25% of their entry-level seats for children from Economically Weaker Sections (EWS). The government reimburses the school.
• Example in Punjab: A child from a low-income family in Ludhiana can get admission in a reputed private school under the EWS quota, giving them the same opportunity as their wealthier peers.

Support Schemes:

• Mid-Day Meal Scheme: Provides free, nutritious meals to encourage attendance and combat classroom hunger.
• Pre-Matric and Post-Matric Scholarships: Financial aid for students from low-income families to continue their studies.

2. Addressing Caste-Based Discrimination: Education for Scheduled Castes (SCs)

The Challenge: Historically, the caste system denied educational opportunities to Dalits (Scheduled Castes), leading to social and economic backwardness.

Constitutional and Policy Response:

• Article 15(4) & 15(5): Allows the state to make special provisions (like reservations) for the advancement of SCs.
• Article 46: Directs the state to promote the educational interests of SCs with "special care."
• Article 335: Allows for reservations in government jobs and educational institutions for SCs.

Key Policies and Schemes:

• Reservation Policy: A fixed percentage of seats are reserved for SC students in government schools, colleges, and universities.
• Post-Matric Scholarship (PMS) for SCs: Covers tuition fees, maintenance allowance, and other costs for higher education.
• Hostels for SC Students: Provides free or subsidized accommodation to enable students from rural areas to study in towns and cities.
• Special Coaching: Schemes for coaching SC students for competitive exams.
• Punjab Context: Punjab has a significant SC population. The state government runs numerous SC-hostels and offers additional state-level scholarships to support their education.

3. Addressing Tribal Marginalization: Education for Scheduled Tribes (STs)

The Challenge: Tribal communities (Adivasis) often live in remote areas with limited access to schools, teachers, and resources. Their language and culture are also different.

Constitutional and Policy Response:

• Article 15(4) & 15(5): Allows special provisions for STs.
• Article 46: Promotes educational and economic interests of STs.
• Article 350A: Encourages instruction in the mother tongue at the primary stage, which is crucial for tribal children.

Key Policies and Schemes:

• Ashram Schools (Residential Schools): Established in tribal areas to provide free education, food, and shelter.
• Eklavya Model Residential Schools (EMRS): High-quality residential schools for tribal students from Class 6 to 12, modeled after Navodaya Vidyalayas.
• Scholarships: Pre-Matric and Post-Matric scholarships specifically for ST students.
• Curriculum Inclusion: Efforts to include tribal history, culture, and folklore in textbooks.

4. Ensuring Religious Equality: Secular Education and Minority Rights

The Challenge: To ensure no religion is favored or discriminated against in state education, and to protect the rights of religious minorities.

Constitutional and Policy Response:

• Article 28: Prohibits religious instruction in fully state-funded schools. Protects students from being forced into religious activities in aided schools.
• Articles 29 & 30: Grant minorities (based on religion or language) the right to establish and administer their own educational institutions.
• Example: In Punjab, Sikh minority institutions (like Khalsa Schools) and Christian missionary schools can operate, preserving their religious character while receiving government aid. However, they cannot force Sikh or Christian teachings on students of other faiths.

5. Promoting Linguistic Diversity: Education in Mother Tongue

The Challenge: Children learn best in their mother tongue. In a multilingual country, imposing a dominant language can alienate linguistic minorities and hinder learning.

Constitutional and Policy Response:

• Article 350A: Directs states to provide facilities for instruction in the mother tongue at the primary stage for linguistic minority children.
• Three-Language Formula: A national policy recommending teaching in the mother tongue/regional language, Hindi, and English.
• National Education Policy (NEP) 2020: Strongly advocates for the mother tongue/regional language as the medium of instruction until at least Class 5, and preferably till Class 8.
• Punjab Example: For a Punjabi-speaking child in a government school in Amritsar, the primary medium of instruction is Punjabi. This helps them grasp concepts easily and stay connected to their culture.

6. Bridging the Gender Gap: Education for Girls and Women

The Challenge: Deep-rooted patriarchy has led to lower literacy rates, higher dropout rates, and fewer educational opportunities for girls.

Constitutional and Policy Response:

• Article 15(3): Empowers the state to make special provisions for women and children.
• Article 21A (RTE): Benefits girls significantly by ensuring they get free and compulsory education.

Key Policies and Schemes:

• Beti Bachao, Beti Padhao (BBBP): A nationwide campaign to save and educate the girl child.
• Kasturba Gandhi Balika Vidyalayas (KGBVs): Residential schools for girls from SC, ST, OBC, and minority communities in educationally backward blocks.
• Cycle Schemes: Many states, including Punjab, provide free bicycles to girls to help them travel safely to secondary schools, reducing dropout rates.
• Scholarships for Girls: Incentives like the Punjab State Merit Scholarship for Girls.
• Separate Toilets for Girls: A key provision under RTE to ensure girls' safety, dignity, and regular attendance.

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7.2 EDUCATION OF DEPRIVED SECTIONS OF SOCIETY AND CONSTITUTIONAL PROVISIONS

This section focuses specifically on the constitutional mandate and programmes for the upliftment of deprived sections.

7.2.1 Constitutional Provisions for Deprived Sections

The Constitution has strong safeguards for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, and persons with disabilities.

A. For Scheduled Castes (SCs) & Scheduled Tribes (STs):

1. Article 15(4) & 15(5): Enable reservations in educational institutions.
2. Article 16(4): Enables reservations in public employment.
3. Article 46: Directs the state to promote their educational and economic interests with special care.
4. Article 338 & 338A: Establish National Commissions for SCs and STs to safeguard their rights and investigate complaints.
5. Article 339: Allows the central government to direct states on welfare programmes for STs.

B. For Other Backward Classes (OBCs):

1. Article 15(4) & 15(5): Allow special provisions, including reservations in educational institutions.
2. Article 16(4): Allows reservation in jobs.
3. Article 340: Empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes (e.g., Mandal Commission).

C. For Women:

• Article 15(3) (as discussed above) is the cornerstone.

D. For Persons with Disabilities (Divyangjan):

• The Rights of Persons with Disabilities (RPWD) Act, 2016: A landmark law that mandates:
• Inclusive Education: Children with disabilities should study in regular schools.
• Reasonable Accommodation: Schools must provide necessary support like ramps, special educators, and appropriate learning materials.
• Reservation: 4% reservation in government educational institutions.

7.2.2 Programmes for Deprived Sections

To translate constitutional promises into reality, the government runs several targeted programmes:

1. At the Elementary Level:

• Sarva Shiksha Abhiyan (SSA) / Samagra Shiksha: Focuses on opening schools in remote areas, building infrastructure (especially girls' toilets), and providing special training for out-of-school children from deprived backgrounds.
• National Means-cum-Merit Scholarship Scheme (NMMSS): Provides scholarships to talented students from economically weak backgrounds to prevent dropouts after Class 8.

2. At the Secondary and Higher Secondary Level:

• Rashtriya Madhyamik Shiksha Abhiyan (RMSA): Aims to improve access and quality of secondary education, with a focus on disadvantaged groups.
• Boys/Girls Hostels: For SC, ST, OBC, and minority students.

3. At the Higher Education Level:

• University Grants Commission (UGC) Scholarships: Various schemes for SC, ST, OBC, and minority students.
• OBC Creamy Layer: While OBCs get 27% reservation, those falling under the "creamy layer" (based on parents' income/status) are excluded to ensure benefits reach the most needy.

4. Teacher Sensitivity and Training:

• A critical, often overlooked aspect. Teachers must be trained to:
• Avoid casteist or gender-biased language.
• Use inclusive teaching methods.
• Identify and support children with learning difficulties.
• Act as a bridge between the child's home culture and the school environment.

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Conclusion: The Teacher's Role in an Inclusive Classroom

The policies and provisions discussed are powerful tools for creating a just society. However, their success ultimately depends on implementation at the ground level—in your classroom.

As a teacher, you are the most important link in this chain. You can:

• Actively identify and support children from deprived backgrounds.
• Create a classroom culture where every child feels valued, regardless of their surname, religion, gender, or economic status.
• Collaborate with parents and the community to ensure children stay in school.
• Be a role model of equality and respect.

By doing so, you don't just teach the curriculum; you help build the inclusive, democratic India that our Constitution envisions.

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EXERCISE: QUESTIONS & DETAILED ANSWERS

1. Explain the Policies, Acts and Provisions related to Education with Special Reference to Class, Caste, Tribe, Religion, Language and Gender in Indian Constitution.

Introduction:
The Indian Constitution and subsequent national policies recognize that equality in education cannot be achieved by treating everyone the same. Historical and social inequalities based on class, caste, tribe, religion, language, and gender require targeted measures to ensure a level playing field. A range of constitutional provisions, acts, and policies have been designed to address the specific barriers faced by each group.

Detailed Explanation:

1. Economic Class:

• Provision: Article 21A and the Right to Education (RTE) Act, 2009.
• Objective: To remove financial barriers to education.
• Key Features:
• Free education for all children aged 6-14 in government schools.
• 25% reservation in private unaided schools for Economically Weaker Sections (EWS).
• Mid-Day Meal Scheme to improve nutrition and attendance among the poor.

2. Caste (Scheduled Castes - SCs):

• Provisions: Articles 15(4), 15(5), 46, and 335.
• Objective: To overcome centuries of social exclusion and discrimination.
• Key Features:
• Reservation of seats in educational institutions and government jobs.
• Scholarship schemes (Pre-Matric, Post-Matric) covering fees and maintenance.
• Hostel facilities to support students from rural areas.
• Special coaching for competitive exams.

3. Tribe (Scheduled Tribes - STs):

• Provisions: Articles 15(4), 15(5), 46, and 350A.
• Objective: To integrate remote tribal communities into the mainstream while preserving their culture.
• Key Features:
• Ashram Schools and Eklavya Model Residential Schools (EMRS) providing quality residential education.
• Instruction in mother tongue at primary levels.
• Scholarships and hostels.
• Inclusion of tribal culture and history in the curriculum.

4. Religion:

• Provisions: Articles 28, 29, and 30.
• Objective: To uphold secularism and protect minority rights.
• Key Features:
• Secular education in government schools (no religious instruction).
• Right of minorities to establish and administer their own educational institutions.
• Non-discrimination in state-aided institutions on grounds of religion.

5. Language:

• Provision: Article 350A.
• Objective: To protect linguistic diversity and ensure effective learning.
• Key Features:
• Instruction in mother tongue/regional language at the primary stage, especially for linguistic minorities.
• Three-Language Formula promoting multilingualism.
• NEP 2020's strong push for mother-tongue-based education.

6. Gender:

• Provision: Article 15(3).
• Objective: To combat gender discrimination and empower women through education.
• Key Features:
• Special provisions for girls and women (scholarships, separate toilets, cycle schemes).
• Campaigns like Beti Bachao, Beti Padhao.
• Kasturba Gandhi Balika Vidyalayas (KGBVs) for girls from marginalized groups.

Conclusion:
This framework of policies and provisions represents India's commitment to substantive equality. It acknowledges that different groups start from different points and need different kinds of support to reach the same finish line—a quality education. The ultimate goal is to use education as a force for social justice and national integration.

2. Throw light on the Constitutional Provisions of Education of Deprived sections of Society.

Introduction:
The Constitution of India has an explicit and compassionate focus on the "deprived sections" of society—primarily the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women, and persons with disabilities. A series of constitutional articles were specifically crafted to empower the state to take affirmative action to uplift these groups through education, recognizing that formal equality was insufficient to overcome deep-seated social and historical disadvantages.

Detailed Analysis of Constitutional Provisions:

1. Provisions for Scheduled Castes (SCs) and Scheduled Tribes (STs):

• Article 15(4) & 15(5): These clauses are exceptions to the general rule of non-discrimination. They enable the State to make special provisions for the advancement of any socially and educationally backward classes, including SCs and STs. This is the constitutional basis for reservations (quotas) in educational institutions.
• Article 16(4): Similarly, allows for reservation in public employment.
• Article 46 (Directive Principle): A crucial guideline that commands the State to "promote with special care the educational and economic interests" of the weaker sections, especially SCs and STs, and to protect them from social injustice and exploitation. This article places a moral obligation on the government to prioritize their development.
• Articles 338 & 338A: Establish the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. These are watchdog bodies that investigate matters relating to safeguards for SCs/STs, inquire into specific complaints, and advise on socio-economic development.

2. Provisions for Other Backward Classes (OBCs):

• Article 15(4) & 15(5): Also apply to "socially and educationally backward classes," which includes OBCs. The Mandal Commission recommendations for OBC reservations were implemented under this authority.
• Article 16(4): Provides for reservation in jobs for OBCs.
• Article 340: Empowers the President to appoint a commission to investigate the conditions of backward classes. The Mandal Commission was appointed under this article.

3. Provisions for Women:

• Article 15(3): This is the key enabling provision. It allows the State to make "any special provision for women and children." This constitutional sanction is behind all gender-focused policies like scholarships for girls, women's hostels, and gender-sensitive infrastructure in schools.

4. Provisions for Linguistic Minorities:

• Article 350A: Directs every state and local authority to provide adequate facilities for instruction in the mother tongue at the primary stage to children of linguistic minority groups. This is vital for children from deprived sections who speak a minority language, ensuring they are not alienated in the very first years of schooling.

5. Overarching Framework:

• Article 21A (Right to Education): While for all children, its implementation has a disproportionate positive impact on deprived sections, guaranteeing them a legally enforceable right to free and compulsory education.
• Article 41 (Directive Principle): Directs the State to make effective provision for the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement, within the limits of its economic capacity.

Conclusion:
The constitutional provisions for the education of deprived sections form a comprehensive protective and promotional framework. They move beyond merely prohibiting discrimination (negative right) to actively mandating the state to take positive steps (affirmative action) to correct historical wrongs and level the playing field. These provisions reflect the transformative character of the Indian Constitution, which aims not just to govern, but to reform society and build a more equitable nation through the powerful medium of education.