POLICIES AND PRACTICES INVOLVED IN EDUCATION LAW

This article is written by Sakib Shergul Pathan of 4^th Semester of K.L.E Society’s Law College, Bengaluru, an intern under Legal Vidhiya

“Education is free. Freedom of education shall be enjoyed under the condition fixed by law and under the supreme control of state.”

– Karl Marx

ABSTRACT:

Education law in India encompasses a range of policies and practices designed to govern the educational system in the country. One of the key policies is the Right to Education Act (RTE), which mandates free and compulsory education for children aged 6 to 14. This act aims to eliminate barriers to education, ensuring equity and inclusion[1]. Another significant policy is the reservation system, aiming to provide marginalized communities with greater access to educational opportunities. This practice is designed to address historical inequalities and promote social justice.

Additionally, India has regulations concerning the recognition and affiliation of educational institutions to ensure quality education. These policies help maintain standards and prevent the proliferation of substandard institutions. The government plays a crucial role in regulating curriculum and assessment practices. Various educational boards set guidelines for curriculum development and assessment methods, striving to maintain consistency and quality across the country.

Keywords:

Education law, policies, Right to Education Act, 2009, Reservation, National Curriculum Framework, National Council for Teacher Education, Sarva Shiksha Abhiyan, Rashtriya Madhyamik Shiksha Abhiyan, Digital Initiatives, E-Learning, Case Laws, Challenges.

INTRODUCTION:

Education forms the cornerstone of a nation’s development, and India recognizes its paramount importance through a complex web of policies and practices. Educational law encompasses legal regulations that govern the education system. It addresses matters such as student rights, teacher responsibilities, school funding, curriculum standards, and special education provisions. These laws vary by jurisdiction and can impact areas like school discipline, freedom of speech, and privacy rights[2]. Educational law strives to create a fair, safe, and effective learning environment while balancing the rights and responsibilities of all stakeholders within the educational system.

Educational policies in India are essential to address multifaceted challenges and ensure a robust learning environment. With a diverse population and varying socio-economic backgrounds, policies provide a structured framework for equitable access to quality education. They promote curriculum updates that align with evolving job markets, technology, and global trends, fostering skill development. Additionally, policies encourage inclusivity, supporting marginalized communities, and reducing educational disparities.

OBJECTIVES:

1. To analyze the key legal provisions governing Indian education and their implications for educational institutions and students.
2. To investigate the role of educational policies in addressing issues of access, equity, and quality in the Indian education system
3. To examine case studies or real-life examples that illustrate the practical implications of Indian educational laws on institutions and students.
4. To critically analyze the challenges and opportunities in enforcing educational laws.

The country’s educational law is a dynamic amalgamation of acts, regulations, and guidelines that strive to ensure equitable and quality education for all. Well-defined policies can enhance teacher training, recruitment, and retention, elevating the overall teaching standard. They also emphasize the integration of practical and vocational skills alongside theoretical knowledge, enabling students to excel in a competitive world. Adequate funding allocation, efficient implementation, and regular evaluation of these policies are crucial to their success. By establishing clear guidelines, educational policies contribute to shaping a knowledgeable and skilled citizenry, propelling India’s growth and development on the global stage.

Some of the key policies and practices that shape India’s educational landscape are as follows:

1. Right to Education (RTE) Act:

Aim: Ensuring Access to Education

The landmark Right to Education Act of 2009 ensures a free and compulsory education for kids between the ages of 6 and 14. It puts a strong emphasis on inclusive education, outlaws’ discrimination, and ensures that all schools have the necessary resources and staff members[3]. By placing a strong emphasis on enrolment and retention, the RTE Act has changed the educational landscape and sees education as a fundamental right.

• National Curriculum Framework (NCF):

Aim: Guiding Pedagogical Approaches

The National Curriculum Framework establishes the educational philosophy, pedagogical methods, and learning objectives for schools across the nation and is constantly amended. It places an emphasis on education that is child-centered and encourages creativity, critical thinking, and all-around growth. In order to promote a more inclusive and pertinent education, NCF supports adaptable teaching strategies and the inclusion of local context[4].

• (SSA):

Aim: Universalizing Elementary Education

Sarva Shiksha Abhiyan, which was established in 2001, strives to give all kids between the ages of 6 and 14 a high-quality education. It concentrates on closing infrastructure, teacher, and community participation gaps[5]. Increased enrollment rates, decreased gender inequities, and improved educational quality in rural and underserved areas have all been made possible through Sarva Shiksha Abhiyan.

• (RMSA):

Aim: Strengthening Secondary Education

Rashtriya Madhyamik Shiksha Abhiyan was established to improve educational opportunities, facilities, and standards for students in grades 9 through 12. In order to prepare students for further education and the workforce, the curriculum places a strong emphasis on the integration of vocational education, teacher preparation, and enhancing learning outcomes[6].

• Gender Equity and Inclusion:

Aim: Promoting Equal Educational Opportunities

Girls’ education in isolated and underprivileged places is a focus of programs like the Kasturba Gandhi Balika Vidyalaya (KGBV), which guarantees their enrolment and retention. Scholarships, quota regulations, and support for Scheduled Castes, Scheduled Tribes, and Other Backward Classes all contribute to a more diverse educational environment[7].

• Reservation Policies:

Aim: Address historical discrimination and promote social equality

Introduced in the Constitution, these policies allocate a portion of seats to marginalized communities, including Scheduled Castes, Scheduled Tribes, and Other Backward Classes[8]. The policies have increased access to education for underrepresented groups, but challenges remain, such as implementation issues and backlash.

• Digital Initiatives and E-Learning:

Aim: Transforming Education in the Digital Age

Through programs like SWAYAM (Study Webs of Active Learning for Young Aspiring Minds), which provides online courses, and DIKSHA (Digital Infrastructure for Knowledge Sharing), an e-learning platform, the Digital India campaign has enabled the incorporation of technology in education[9]. These programs broaden accessibility to high-quality materials and encourage lifelong learning.

NEW EDUCATION POLICY, 2020:

The New Education Policy (NEP) of India, unveiled in 2020, represents a significant reform aimed at transforming the country’s educational landscape. With a focus on holistic development and modernization, the NEP aims to replace the previous education system, which was largely rooted in rote learning, with a more comprehensive and flexible approach. The policy proposes changes in school and higher education, focusing on flexibility, critical thinking, and a multidisciplinary approach[10]. It suggests a shift from rote memorization to experiential learning, promoting creativity and problem-solving.

NEP 2020 advocates for a 5+3+3+4 structure, dividing schooling into foundational, preparatory, middle, and secondary stages. It encourages mother tongue as the medium of instruction in early years and promotes a wide array of subjects to foster a well-rounded education. Vocational education is integrated from an early stage to equip students with practical skills. At the higher education level, NEP 2020 promotes multidisciplinary universities, flexible curricula, and increased emphasis on research[11]. It aims to provide greater autonomy to institutions while establishing a National Research Foundation to boost research efforts. Overall, the policy intends to transform India’s education system to meet the demands of the 21st century and produce individuals equipped for a rapidly evolving world.

the New Education Policy of India strives to bring about a fundamental shift in the way education is imparted and received. By focusing on holistic development, practical skills, and modernizing the assessment and higher education systems, the NEP aims to prepare students for the challenges of the 21st century and empower them to contribute meaningfully to society.

LANDMARK CASE LAWS:

Education is a fundamental right and a powerful tool for social transformation. In India, the judiciary has played a pivotal role in shaping the educational landscape by interpreting and upholding laws that ensure access, equity, and quality education for all[12]. Some of the landmark case laws that have significantly impacted the realm of education in the country are as follows:

1. Mohini Jain v. State of Karnataka (1992)[13]:

The Supreme Court ruled in this case that Article 21 of the Indian Constitution’s provision of the right to life follows naturally from that right to education. According to the court, it was a breach of this fundamental right to refuse admittance to a student only because of unpaid tuition. The case stressed the significance of accessible education and the fact that institutions shouldn’t view education as a good that is only available to those who can afford it.

• Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)[14]:

This case addressed the issue of commercialization and profiteering in education. The Supreme Court ruled that the right to establish and administer educational institutions was a fundamental right under Article 19(1)(g) of the Constitution. However, the court also held that this right should be exercised with a social objective and not as a means of profiteering. The case led to the establishment of a regulatory framework to prevent the commercialization of education.

• T.M.A. Pai Foundation v. State of Karnataka (2002)[15]:

The autonomy of private, unaided educational institutions, in particular minority institutions, was the subject of this case. The Supreme Court ruled that although if these schools are free to enroll students and set their own policies, they must nonetheless abide by reasonable laws in order to uphold academic standards. The case made clear how educational institutions should balance autonomy and responsibility.

• P.A. Inamdar v. State of Maharashtra (2005)[16]:

This lawsuit addressed the problem of reservations in for-profit educational institutions, building on the T.M.A. Pai case. The Supreme Court ruled that while the government might control admittance requirements and tuition at these schools, the concept of meritocracy should be upheld. The case clarified the degree of governmental involvement in admissions procedures while protecting educational institutions’ rights.

• Pramati Educational & Cultural Trust v. Union of India (2014)[17]:

In this case, the Supreme Court confirmed the RTE Act’s (Right of Children to Free and Compulsory Education Act, 2009) constitutionality. The court determined that the RTE Act, which requires that 25% of places in private schools be reserved for kids from low-income families, meant to give equal opportunity for high-quality education and supported the government’s responsibility to provide education as a right.

• Indra Sawhney v. Union of India (1992)[18]:

The case addressed the subject of discrimination based on race, notably in educational settings. The Supreme Court affirmed the 27% OBC reservation in central government-run institutions of higher learning. The ruling emphasized the value of affirmative action in promoting social justice and inclusion in the educational system.

• Modern School v. Union of India (2004)[19]:

The case made clear how crucial it is to follow the National Curriculum Framework (NCF). The NCF must be followed by schools in order to provide students with a well-rounded education, according to the Supreme Court. The case reaffirmed the need for educational institutions to follow certain rules in order to ensure a consistent learning environment.

These landmark cases highlight the Indian judiciary’s role in shaping the educational landscape by addressing issues of access, quality, autonomy, social justice, and inclusivity. These legal precedents have not only influenced policy formulation but have also set the tone for ensuring that education remains a transformative force for individuals and society as a whole[20]. As the country continues to evolve, these cases serve as a foundation upon which educational reforms and advancements are built.

CHALLENGES:

India’s educational landscape faces multifaceted challenges stemming from policies and practices. Some challenges faced by education law, policies, and practices in India:                      

1. Access and Equity:

One of the biggest challenges is ensuring equal access to quality education for all, regardless of socioeconomic status, gender, caste, or geographical location.  Rural and remote areas suffer from inadequate infrastructure, teacher shortages, and lack of resources, hindering equitable learning opportunities. Disparities in access often lead to unequal opportunities.

• Quality of Education:

Access to quality education remains a primary concern due to the vast population and uneven distribution of educational institutions. Maintaining consistent and high-quality education across the country is difficult. Variations in teaching standards, curriculum, and resources impact the learning outcomes of students.

• Lack of Infrastructure:

Many schools, particularly in rural areas, lack proper infrastructure, including classrooms, sanitation facilities, and technology. This affects the overall learning environment.

• Teacher Shortage and Quality:

A shortage of qualified teachers and variations in their quality impact the learning experience. Low teacher salaries and inadequate training can affect student outcomes.

• Curriculum Relevance:

The curriculum often doesn’t align with the needs of a changing job market, technological advancements, and societal demands, leading to a gap between education and real-world skills.

• Assessment and Evaluation:

The assessment system largely focuses on rote memorization and high-stakes examinations, rather than encouraging critical thinking and problem-solving skills.

• Inclusive Education:

Ensuring proper education for children with disabilities and other special needs is a challenge due to limited infrastructure, trained teachers, and supportive policies.

• Dropout Rates:

High dropout rates, especially at the secondary level, are a concern. Factors such as poverty, child labor, and lack of interest contribute to this issue.

• Digital Division:

The division between urban and rural areas in terms of access to technology and online learning resources exacerbates educational inequalities.

1. Funding Constraints

Inadequate funding for education limits the resources available for infrastructure development, teacher training, and curriculum improvement.

1. Cultural and Societal Factors:

Social norms, attitudes, and cultural beliefs can influence education policies and practices, sometimes hindering progress towards gender equality and other goals.

CONCLUSION:

India’s educational law is a dynamic tapestry of policies and practices aimed at ensuring universal access, quality, and equity in education. Through acts like RTE, initiatives like SSA, and frameworks like NCF, the country is paving the way for an inclusive and transformative educational system that equips its citizens for a dynamic future. A complex combination of legal frameworks, administrative directives, and actual practices defines India’s educational environment. Despite ongoing difficulties, there is a clear dedication to making a difference. India may begin a revolutionary path that provides the groundwork for an inclusive, egalitarian, and high-quality education system by encouraging collaboration across governmental organizations, educators, communities, and students.

Despite the challenges, the amalgamation of traditional wisdom and modern innovation holds promise. The advent of policies such as the Right to Education Act and the National Education Policy 2020 reflects the government’s commitment to enhancing educational access and quality. These initiatives, coupled with concerted efforts from various stakeholders, provide a roadmap for sustainable development in the education sector.

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[7] Niimi, Yoko. “Gender equality and inclusive growth in developing Asia.” INEQUALITY AND INCLUSIVE GROWTH: MEASUREMENT, POLICY ISSUES, AND COUNTRY STUDIES, Forthcoming, Asian Development Bank Economics Working Paper Series 186 (2009).

[8] “Fair Educational Practices Acts: A Solution to Discrimination?” Harvard Law Review 64, no. 2 (1950): 307–17. https://doi.org/10.2307/1336181.

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[11] Kalyani, Pawan. “An empirical study on NEP 2020 [National Education Policy] with special reference to the future of Indian education system and its effects on the Stakeholders.” Journal of Management Engineering and Information Technology 7, no. 5 (2020): 1-17.

[12] McCarthy, Martha M. “The Judicial Role in Shaping School Policies and Practices.” Educational Horizons 78, no. 3 (2000): 109–11. http://www.jstor.org/stable/42925343.

[13] Mohini Jain v. State of Karnataka, 1992 AIR 1858 1992 SCR (3) 658.

[14] Unni Krishnan, J.P. v. State of Andhra Pradesh, 1993 AIR 217, 1993 SCR (1) 594

[15] T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481

[16] P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537

[17] Pramati Educational & Cultural Trust v. Union of India, (2014) 8 SCC 1

[18] Indra Sawhney v. Union of India, AIR 1993 SC 477; 1992 Supp 2 SCR 454

[19] Modern School v. Union of India, Appeal (civil) 2699 of 2001

[20] Kaufman, Michael J., and Sherelyn R. Kaufman. Education law, policy, and practice: Cases and materials. Aspen Publishing, 2022.