Monday, June 18, 2012

Private schools not exempt from RTI: Central Information Commission


In a decision that could have far reaching consequences, a full bench of the Central Information Commission (CIC) has ruled that private schools cannot claim exemption from disclosing information to government’s education department under the Right to Information (RTI) Act.
The decision came on an application of a private school teacher Bindu Khanna who had sought information regarding her service records from Delhi government’s education department under the RTI Act.
She approached Delhi government after failing to get information from her own school, Pinnacle School, despite repeated requests.
“The issues relating to management and regulation of schools responsible for promotion of education are so important for development that it cannot be left at the whims and caprices of private bodies, whether funded or not by the government,” CIC’s full bench said in its order. The bench included information commissioners Shailesh Gandhi, MM Ansari and Satyananda Mishra.
However, even after the orders from the education department, the school maintained it was a private body and hence RTI Act was not applicable to it.
In their order, the CIC said that as per various clauses of Delhi School Education Rules, 1973 “all records” of a private recognised school “are open to inspection by any officer authorised by the director or the appropriate authority at any time and the school furnishes such information as may be necessary to enable the central government or the administrator to discharge its obligations to parliament or to metropolitan council of Delhi.”
“Information, which a public authority is entitled to access under any law from private body, is “information” as defined under Section 2(f) of the RTI Act and has to be furnished,” CIC held in its order and rejected the school’s claim.
“The school is a private body and a third party under Section 2(n) of the RTI Act. It can be concluded that the Pinnacle School is a third party and is under the control of the respondent [education directorate] herein,” the commission said.
Stating that Pinnacle School is obliged to comply with the orders, the CIC said, “In case the school fails to cooperate, appropriate action under relevant rules should be initiated.”

http://www.dnaindia.com/india/report_private-schools-not-exempt-from-rti-central-information-commission_1418992

Saturday, June 16, 2012

Right Route To Right To Education

Right to education is now a fundamental right in India. It’s a welcome step taken by the government against the backdrop of about 27 crore illiterate Indians.  The government is supposed to provide compulsory and free education to everybody -- between 6-14 years age group. But the government doesn’t have the capacity and wherewithal to carry it through in toto. This is beside the legendary shortcoming of ours on the implementation front. Our past track record of accomplishing targeted recommendations is dismal. On top of it the Supreme Court recently upheld the recommendation providing 25% seat reservation in all schools for economically weaker section. This includes all public schools as well. At first glance inclusion of public schools may appear to be a step in the right direction. It’ll fast-forward the backward section to the front row in one go. Yet, a closer look will reveal it’ll not -- taking for granted that it would be executed true to its intention.
 We should take pride that many of our public schools are globally comparable today. They are equipped with every conceivable modern teaching aid and manned by competent staff. Use of cutting edge teaching technique is the norm. This leaves a wide gulf between the public and government schools. They are surely meant for the privileged class. However, all public schools are not of the same global standard.
According to the planning commission’s estimate a person having the capacity of spending around 30 rupees a day is not poor. If a child from this family goes to public school there is bound to be lot of psychological disruption in the student. Providing free uniforms and books will not bridge the yawning gap between government and public schools. The lifestyle of the privileged section is totally different from the deprived ones. This will reflect in their behavior on regular basis causing unending mental stress on the poor students. Their academic performance will suffer. They are malnourished and under equipped in many respects: they are not exposed to any modern toys, comic books and other non-curricular learning enhancing tools and aids. These extracurricular items are a must for modern learning atmosphere. The privileged children are better off in many respects in comparison with them. They know many things even before joining the nursery classes. Their parents splurge good sum on them. Poor twenty nine rupees will suffer from sheer psychological asphyxiation. The discrimination will be so tragic the poor students will be put on continuous tension on this disparity alone. So, instead of doing good to them it will undermine them forever, constantly reminding of their inadequacy. This, I’m writing after reading the news reports on both sides of the coin: on the one hand many lucky parents expressed delight for getting an opportunity to join public schools, and on the other a good number of them facing widespread discrimination already.
Therefore, it is desirable to restrict reservation to government schools only. In fact, even standard of government school is too high for them. Still, it will provide an evolutionary path – gradually getting accommodated in the educated class. This way they will be subjected to less mental stress.  Special coaching will be needed for them, always. Emphasis should be laid on learning everything possible in schools only, leaving nothing to be learnt at home, as they live in total darkness.  There is no one in the family or in the surroundings to guide them. Unless you visit a slum area you won’t be able to appreciate at what subhuman level they live. I have firsthand knowledge of some slums of Noida, Delhi, Kolkata and Mumbai. This time, while in Mumbai, I wanted to visit Dharavi – Asia’s biggest slum. Unfortunately, I missed it. To expect them to study and do homework in dingy hovels is to put too high a demand on such students.  Rural scenario is no better, except they have more breathing space and probably less polluted air. Getting them admitted in public school will amount to follow a revolutionary path, which will be too exacting for them to adjust. It will infuse only inferiority complex among the learners and undermine their self-confidence. This is a programme if implemented may not produce the desired result. On the contrary the outcome may be disastrous. It may defeat the purpose of proper and harmonious development of personality.
I have full sympathy for the poor people’s right to good education. The main thing is, it should be meaningful and contributive to the beneficiaries. So, right course would be to restrict admission to government schools only and take the assistance of various NGOs to avoid frustration and disillusionment at a later stage.
I don’t mean our government schools should remain at this poor level forever. Again, exceptions do exist everywhere.

Friday, June 15, 2012

It is incorrect to assume that ‘nothing can be done to CONTROL CORRUPTION'

Corruption which is analogous to pollution or disease - exists everywhere - in private as well as public sectors, in rich countries and poor, first world and third world. It is incorrect to assume that ‘nothing can be done about it’ or ‘it's not only our problem and it's not all our fault alone’. Do we say that because water pollution or AIDS, exist in the world, so we have to live with it and do nothing to reduce/ eliminate?

Every country has corruption – just the varieties, patterns and extent differs.

At the broadest level, corruption is the misuse of office. Corrupt acts include - bribery, extortion, kickbacks, influence-peddling, nepotism, fraud, speed money, embezzlement and other forms of illicit behavior. Most ‘Systems’ can withstand some corruption. But when corruption becomes the norm, its effects are crippling. 
For example - Corruption in the judicial system, property rights, and banking/ credit - devastates economic and political development. 


Whereas issues such as allowing polluters continue to pollute the rivers, hospitals extorting patients, or schools exploiting parents for admissions – is environmentally and socially corrosive. 


Systematic corruption is one of the principal reasons why the most underdeveloped parts of our planet stay that way. ‘Systematic Attack’ is needed on the ‘Systematic Corruption’. Neither free markets nor coalition governments will succeed - if the institutions of the private and public sectors are riddled with systematic corruption. Experience teaches us that broad social changes, as well as focused anti-corruption efforts, can make a big difference.

C=M+D-A. When someone has power (monopoly (M)) over a service and also has the discretion (D) to decide whether or not you receive it and how much you get, and is not accountable (A) – this combination generates Corruption (C). Monopolies must be reduced or carefully regulated. Official discretion must be documented and clarified i.e. Transparency must be enhanced. The probability of conviction within stipulated time must increase, and the penalties for corruption (for both givers and takers) must be severe.

It is time to give shock to the ‘corrupt equilibrium’ (where rulers and top civil servants and some private companies gain, but society loses) with specific focus on reforming the system, combined with great political sensitivity and strategy, people support and whole-hearted participation. International cooperation can also make a big difference. For example, if Swiss banks mandate the depositors to furnish suitable proof of ‘Where’ the money came from, then the ill-gotten deposits (black money) won’t be able to stashed, tracking it down becomes easier, and accountability established. This is just one example of how the First World purports corruption in the Third World . 
India is amongst the most corrupt governments in the world and tops the list for black money in the entire world. At least 50% of Indianshave had first-hand experience of paying bribes or influence peddling to successfully get jobs done in public office. Taxes and bribes are common across the state borders. ‘Transparency International’ estimates that truckers pay annually US$5 billion in bribes and found that working with India 's civil servants was a ‘slow and painful’ process. India still ranks in the bottom quartile of developing nations in terms of the ease of doing business, and compared to China and other lower developed Asian nations, the average time taken to secure the clearances for a startup or to invoke bankruptcy is much greater.

Another serious problem is ‘Criminalization’ of Indian politics. More than ¾ of the Indian Parliament members are facing or have faced criminal charges - including human trafficking, immigration rackets, embezzlementrape and even murder. Should they be sitting in the Parliament and governing us. At state level, situation is often worse with Uttar Pradesh taking the lead in the number of tainted ministers.

Black money in politics

According to the data provided by the Swiss Banking Association Report - Indians are the largest depositors of illegal money in Swiss banks and India has more black money than the rest of the world combined. Indian Swiss bank account assets are worth 13 times the country’s national debt. The recent scams involving unimaginably big amounts of money, such as the 2G spectrum scam, are well known. It is estimated that more than trillion dollars are stashed away in foreign havens, while 80% of Indians earn less than 2$ per day and every second child is malnourished. It seems as if only the honest people are poor in India and want to get rid of their poverty by education, emigration to cities, and immigration, whereas all the corrupt ones, like Hasan Ali Khan are getting rich through scams and crime. The amount which he has embezzled in a year - is enough to fund the national drinking water project in all the six lakh (600,000) villages in India for the next 10 years. 
No wonder India is a rich country filled with poor people.

Black money in Land and property (real estate)

Officials often steal state property. Mafia Raj consisting of municipal and other government officials, elected politicians, judicial officers, real estate developers and law enforcement officials, acquire, develop and sell land in illegal ways

Black money in Tendering processes and awarding contracts

Government officials having discretionary powers in awarding contracts engage in preferential treatment for selected bidders and display negligence in quality control processes – example is CWG. 
Several state funded construction activities in India , such as road building, are dominated by construction mafias, consisting of corrupt public works officials, materials suppliers, politicians and construction contractors. Shoddy construction and material substitution result in roads and highways being dangerous, which are simply washed away in monsoons. 

Black money in Medicine

Corruption is rampant in Government Hospitals, in the form of non availability of medicines (or fake medicines), getting admission, consultations with doctors and availing diagnostic services. There have been recent cases of diversion of medical supplies from government hospitals and clinics as well as supply and distribution of medicines of inferior quality. 
Some hospitals are charging extra amounts from rich people. The unfair nexus between the insurance companies and hospitals is obvious. They force the patients to get treated only in specific list of hospitals.

Black money in getting even the Death Certificates

Grieving families are often asked in Government-run offices to pay bribes to obtain the Death Certificate.

Black money in Transportation

Officials who oversee transportation regulations, safety norms, traffic violations engage in rent seeking activity. Typically a lenient treatment for an offending driver or vehicle is accompanied by expectation of a bribeIndia has multiple jurisdictions for vehicular laws as well as overlapping laws at the central government and state government level which worsens bureaucratic complications. This leads to facilitation payments to accelerate or avoid the routine government processes.

Black money in Judiciary

Judicial corruption in India is attributable to factors such as delays in the disposal of cases, shortage of judges and complex procedures. Recent property scam involving son-in-law of the former CJI of India K G Balakrishnan.

Black money in Armed forces

Selling defense stores items in the open market is rampant. High profile scandals such as - ‘Sukhna land’, ‘Adarsh housing scam’ has shaken public faith in the country's military even when large sums are being spent on modernizing the armed forces. This shows the nexus between the armed forces, bureaucracy and the politicians in the embezzlement of government property.

Black money in Police

Even lodging a FIR or reporting a theft can not be done without paying bribe to police officials. Victims are encouraged, even threatened for not filing an official complaint. If a case somehow gets registered, the police usually do not take any timely action. 
Despite State prohibitions against torture and custodial misconduct by the police, torture is widespread in police custody, which is a major reason behind deaths in custody. The police often torture innocent people until a 'confession' is obtained to save influential and wealthy offenders. The main reason is the lack of accountability of the police. 

Black money in Media

Media gets involved through paid news and sometimes unethical support to corrupt to increase their TRPs.

Components of an Anti-Corruption Strategy:

1) Deep fry the “big fish": There are many corruption cases "pending" which have been set aside for reasons ranging from political sensitivity to corrupted judiciary. These cases should be pushed forward, or the Government should quickly attempt to identify a few big tax evaders, a few big bribe givers and a few high-level government bribe takers. Since a campaign against corruption can too often become a campaign against the opposition, the fist big fish that are fried should be from the party-in-power.

2) Involve people: Citizens are fertile sources of information about ‘Where’ corruption incubates. Consult the citizens via systematic surveys, hot lines, public rallies (Weekly Durbars) and ongoing educational programs (Workshops). Protect the anonymity of the whistleblowers. Self-policing by the private sector, especially when supported with international investigative capabilities (and credibility), enable businesses say "no" to bribes.

3) Showcase ongoing ‘Anti Corruption’ efforts: Carry out "vulnerability assessments" of public and private institutions. This is something like ‘Polio’ campaigns - which emphasize prevention and regular participation.
4) Improve incentives: Performance measurement and the overhauling of pay schemes in the public sector – is the need of the hour. It is also important that such recognition and incentives be awarded promptly and in-public.
5) Strengthen the ‘Right to Information’ act:
 This act requires the government officials to furnish information requested by citizens within stipulated timelines or face punitive action. Computerization of services helps reduce corruption if implemented in a proper manner.

6) Bring the ‘Jan Lokpal’ bill: Septuagenarian Hazare's call for a bill creating an independent ombudsman with court-like powers that could prosecute ministers, bureaucrats and judges. An amendment to the Constitution has been proposed to implement the Lokayukta uniformly across Indian States.
The CVC, is independent but has no power to investigate cases, and can only advise not enforce, while the CBI can investigate, but is not independent because it requires government permission to launch probes and prosecute.
The ‘Jan Lokpal’ bill also covers important aspect of protecting the whistleblowers who play a major role in the fight against corruption. Assassination of Satyendra Dubey is not to be forgotten. Indian courts are regularly ordering probe in cases of murders or so-called suicide of several whistle blowers. One of the latest case of such murder is of V Sasindran Company Secretary of Palakkad based Malabar Cement Limited, a Government company in Kerala and his two minor children. Kerala High Court ordered CBI probe on 18 February 2011. Initially, CBI showed its unwillingness for probing into such cases citing over-burden as a reason.

7) Anti-Corruption Police and Courts: Establish ‘Special Fast-Track and Fully Empowered’ courts which are more efficient than the traditional Indian courts - with traveling judges and law enforcement agents.

8) Civil sector initiatives
Civil sector is doing its bit to raise awareness about Corruption related issues and to build anti-corruption platforms. 
5th Pillar is one such organization that is promoting the use of Zero Rupee Notes to fight corruption by shaming the officials who ask for bribe. 
Another popular initiative is Jaago Re’ from Tata Tea. 
www.ekakizunj.com is inspired by Mr. G. R. Khairnar, the erstwhile Mumbai Municipal Deputy Commissioner who is known for his one man fight against corruption.

Thursday, June 14, 2012

11 degrees and still jobless


54-year-old Ashok Kumar from Jodhpur has total of 11 educational degrees and that too in different subjects. A local vendor on Loni Railway station, Ashok Kumar also a gold medalist from Kota University in Mass Communication. But then what made him to sell sweets on a railway station?

Wednesday, June 13, 2012

RTE: All schools to make space for EWS students


Express news service : Pune, Thu Jun 14 2012, 04:56 hrs
All schools from this year will have to fill 25 per cent of their seats with students from economically weaker sections (EWS) and this includes even those schools that have completed their admission procedure, said Deputy Director of Education, Ramchandra Jadhav, (additional charge).
He added that strict action will be taken against schools that do not implement the Right to Education (RTE) guidelines. All schools will need to display the lists of students of general and financially weaker categories. However, no deadline has been set for the schools to implement the guidelines and they can admit students throughout the year, added Jadhav.
"Many schools have been trying to ignore RTE guidelines by saying that they are minority unaided schools. However, after visiting all the schools our committee came up with a list of approximately 40 schools across the city that come under this category. Schools other than these will also have to implement the guideline as soon as possible,"
Jadhav said.
When asked if schools have the required infrastructure to accommodate 25 per cent extra students, he said, "It is just for a year that the schools will have to accommodate these extra students and it should not be that difficult. From next year, schools will have to make provisions from the start itself for such students."
The board will also hold a meeting of all school principals on Saturday to discuss ways to implement the guidelines. "There are many schools that say the guidelines are not clear to them. We will try to discuss the guidelines so that they are clear to everyone and implementing them is not difficult for any school," said Jadhav.

Beyond the Right to Education lies a school of hard knocks


The Supreme Court's recent mandate that private unaided non-minority schools should reserve 25 per cent of seats for underprivileged children is being hailed as a landmark ruling. The spirit of the decision is indeed laudable as it reflects the egalitarian ethos of the Right to Education (RTE) Act. Thus, as private schools open their doors to children from marginalised sections of society, the government pats itself on the back for engineering a social revolution. Aside from the logistical complications this entails, the government's congratulatory mood is both premature and misguided for a number of reasons.
Undoubtedly, education is the quintessential passport to greater opportunities — be they economic, academic or social. As the RTE Act holds, all children, regardless of their family backgrounds or individual profiles, should have access to a meaningful education that empowers them to read critically, problem-solve analytically and think imaginatively.
ASER study
However, our collective enthusiasm for the court's decision would turn out to be misplaced if anyone bothers to do basic math. According to a study published online by Dr. Wilima Wadhwa of Annual Status of Education Report (ASER), enrolment in private schools in 2008 was 22.6 per cent. While this figure is likely to have increased since, over 70-75 per cent of our children still attend government schools. Even as private schools reserve 25 per cent of seats for economically backward children, the vast majority will still be schooled in government-run institutions. Moreover, most children in rural areas attend government schools. According to the District Information System for Education 2010-11, as many as 84 per cent of children in villages attend government schools. If the RTE Act has to be implemented in letter and in spirit, the government cannot ignore the quality of education it provides under its roof just because it has “won” the reservation battle with private institutions. Even as the government makes private schools “socially responsible,” it still has to bear the onus of educating the majority of children. Further, the assumption that private schooling is superior to a government education is based on the fact that children in the former tend to outperform the latter in examinations. But that is a superficial reading of facts. Once we scratch the surface, we find that other factors also contribute to children's better outcomes in private schools, as indicated in a study conducted by Dr. Wadhwa. When parental education, tuition classes and economic disparities are controlled for, the difference in reading scores between government and private schools falls drastically from 20 per cent to five per cent.
In addition, we have to recognise that private schools differ vastly in terms of the quality of education they provide. This is why there are serpentine queues from the early hours of the morning for admissions into kindergarten in a few reputed schools. The scramble for seats is evidence of the dearth of quality education. Just herding children into private schools is not going to ensure their learning unless teachers are sensitised and trained to deal with children with different profiles. According to a study conducted by Wipro and Educational Initiatives, there are significant differences in the scores of children attending schools affiliated to the various national and State boards. Besides, children in the “top” private schools also exhibit rote learning and prejudiced thinking on sensitive socio-cultural issues.
Three factors abroad
Thus, we cannot overlook the fact that our educational system, both government and private, is in need of serious overhaul. In 2007, McKinsey and Company published a report that analysed why some school systems in the world ranked highly in international assessments of literacy, numeracy and problem-solving year after year. Top performing countries included Belgium, Finland, Japan, Hong Kong, Netherlands, Singapore and South Korea. While the countries sported vast differences, both culturally and politically, three factors regarding their education systems were common to all high performing nations.
First, a teaching job in these countries, unlike in India, is a high-status profession. In addition to receiving salaries comparable to other well-paying jobs, teacher training courses are highly selective and admit only the cream of graduates. Second, teachers are provided intensive training and new recruits are mentored on the job. In our country, teachers tend to work in isolation and inexperienced teachers are expected to handle a class on their own without additional guidance. Third, in the top-performing countries, schools try to offer the best possible education for every child by supporting those who lag behind. These schools monitor student performance closely and intervene when children fall behind by employing special educators who are trained in remedial instruction.
Thus, both government and private schools need to implement systemic changes. The coming academic year is an apt starting point when the RTE goes into effect nationally. Private schools need to welcome poor children wholeheartedly and prepare to meet the educational demands that this reservation will bring. Our educational establishments are generally insensitive to children with learning difficulties with most schools lacking formal remedial programmes. As children from weaker sections enter their portals, the need for such services is only going to increase.
A U.S. study
A study in the United States revealed that the vocabulary of a three-year-old child of professional parents was 1,100 words whereas, a child whose parents were on welfare had a vocabulary of just 525 words. Under the RTE, poor children were admitted in 2011 into Shri Ram School, New Delhi. An article in the Wall Street Journal quoted the principal, Manika Sharma as saying: “The teachers have come into my office and broken down. They say, ‘Help us. There is no learning happening for the other affluent children. What we achieved in one week with kids before is taking three weeks.'” Writer John Gardner aptly says, “The schools are the golden avenue of opportunity for able youngsters but they are also the arena in which less able youngsters discover their limitations.” As private schools open their doors, educators have to ensure that children from poor homes do not feel threatened by their more able and affluent peers, both academically and socially. Schools need resource personnel who can counsel and help these children realise their potential. In addition to supplementary remedial classes that help students bridge the academic divide, all children should be sensitised on getting along amicably.
Even as the child who comes to school in a chauffeur driven car, studies alongside the chauffeur's child, the government cannot shy away from upgrading infrastructure, enhancing teacher quality and promoting educational attainment in public schools. As a society, we need to make a concerted effort to achieve educational excellence, both government and private. Private educators and the government have to work synergistically to loosen the shackles of our strictly stratified society.
(Aruna Sankaranarayanan is Director, Prayatna. E-mail:arunasankara@gmail.com)

Inquiry report has no meaning’, school to move minority commission


The inquiry conducted by the Chandigarh Administration, which held Sacred Heart School guilty of expelling Ruchika under pressure, has been condemned by the school authorities, who called it “baseless” and “biased”.
“The inquiry report has no meaning for us... We plan to move the minority commission. And not only the minority commission, the entire Catholic Christian Committee is supporting us,” Father Thomas Anchainkal, vicar general of the Simla Chandigarh Diocese, said. “(School principal) Sister Sebastina is innocent and we will fight this matter to its logical end.”
The management has decided to retain Sister Sebastina as the school principal
Also, the management took a U-turn on Ruchika’s expulsion, saying that she herself withdrew from the school.
“Ruchika was never expelled for non-payment of fee, rather she stopped coming to the school,” Father Thomas said. “Since records show that her fee was not paid for several months, inquiry officials concluded on their own that the school expelled Ruchika for non-payment for fee. We have never ever expelled any student for not paying the school fee.”
But Sister Sebastina has been saying from the beginning that Ruchika’s name was struck off from the rolls because of non-payment of fee. In her statement to the inquiry officer also, she said the school expelled Ruchika because her fee was not deposited.
Even if Ruchika “withdrew”, the management had no explanation as to why her parents were never approached for the reason, as Class X was an important class.
Father Thomas also refuted the allegations made by the Girhotras that the school principal had misbehaved with them. Backing the school principal, he said they would “support her in every possible manner”.
Sources, meanwhile, said the school took a U-turn because it wanted support of the National Commission for Minorities.
“These stories are being cooked by the school to save themselves. The most astonishing was that nobody remembered Ruchika or anything about the molestation incident,” an official, who was the part of the inquiry team, said.
The magisterial inquiry was conducted by Prerna Puri SDM (South). Acting on its report, the Chandigarh Administration has demanded the state award back from Sister Sebastina, along with the Rs 5,000 prize money.
‘The principal should resign’
UT Home-cum-Education Secretary Ram Niwas said: “We can withdraw the school’s recognition, which will automatically lead to its disaffiliation from the CBSE.”
“The Administration has refrained from any such action only because of the fate of students studying in the school. Ideally, the principal should resign,” he said.