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Saturday, December 21, 2024

Right to Education of Below Poverty Line Student: A Critical Study

Posted in: Constitutional Law
Sun, Apr 9, 23, 18:28, 2 Years ago
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Education is a key and important part or area in everyone's life that is extremely important for the development and progress of individuals, the society we live in and the nation as a whole.

Education is a key and important part or area in everyone's life that is extremely important for the development and progress of individuals, the society we live in and the nation as a whole. Exceptions are individuals or people who live in poverty or below the poverty line, who are destined to be educated or not get an education that will help them in development and progress and thus the entire nation.

Poverty has many dark sides and adverse effects and measures or actions should be taken or implemented to mitigate or mitigate the obstacles that stand in the way of poverty and its impact on education. The focal point or emphasis area of ​​this research work is to understand poverty and its impact on the education of people living below the poverty line.
A questionnaire survey was conducted among the general public in simple random sampling in India to go in depth and understand more about the topic. The main areas considered are child poverty, the impact of poverty on schooling or education, the stimulus for children's schooling experience on youth.

INTRODUCTION
The meaning of the term poverty primarily means a lack of resources. The number of people who live below the poverty line, measured in various ways, primarily in terms of the inadequacy of income to provide for the basic needs of themselves and their families. Poverty is not just about low income of individuals, but is a multidimensional problem that includes low access to opportunities for human capital development and education.

Income poverty is only one aspect of poverty, there are many areas in the development of human beings that are much more comprehensive than income. Poverty has many dimensions and this has given rise to a concept called human poverty. Human poverty is more complex compared to income poverty, it is primarily a denial of choice and opportunities for an effective life (Tilak, 2000).
 
Denial of human rights constitutes poverty and therefore a rights-based approach to poverty eradication is considered. Poverty is seen as a lack of opportunities that lead to the improvement of human skills and abilities to lead an effective life. Education is considered as one of the imperative areas that lead to an effective life, lack of educational opportunities itself constitutes poverty which is referred to as education poverty or educational poverty. Poverty of education is an integral part of human poverty.

It is the main factor responsible for income poverty and proves to be a barrier in acquiring education thereby generating educational poverty. There is a close relationship between income poverty and educational poverty. Educational poverty is the main factor that leads to income poverty and income poverty does not enable individuals to overcome educational poverty (Tilak, 2000).
 
India has 86.8 million people living in extreme poverty, representing ~6% of its total population as of early 2021. According to recent estimates, the country is on track to end extreme poverty by meeting its Sustainable Development Goals by 2030.

Some of the main causes of poverty in India are heavy population pressure, unemployment and underemployment, lack of capital, underdeveloped economy: rising prices, net national income, rural economy, lack of skilled labor, lack of efficient entrepreneurs, lack of proper industrialization, low growth rate, outdated social institutions, improper use of natural resources and lack of infrastructure.
 
EDUCATION SYSTEM RELATED TO BELOW POVERTY LEVEL (BPL) STUDENTS
The government's primary cause is to expand schooling throughout the country. Many children who have a particular specialization and want to benefit from knowledge but lose economic fitness do not. So the government is trying to teach that the financial situation of the people there is not suitable. In India, most belong to a family of low prestige, so they do not receive proper training. So the government provides them with financial assets and in addition provides scholarships. In my way, the government must give them monetary things, a bachelor of teaching and not in marks.

All scholars have little chance to do something Bachelor of teaching lower class circle of kindred nations to clear the paper with low grades and take the option of suitable college students. Govt is doing BP in grades now there must be no reservations given that every student paints hard. There are many places where people with low abilities work while the smartest college students sit at home. Try to educate the BPL student but now they are not applying themselves in the right way because they know that there are more dangers than general or OBC students who can do hard work day and night and what they are doing (BPL). In our country i.e. India, reservation facilities are consumed by students of general colleges.

As per RTE provisions, no child shall be denied admission up to the age of 14 years through any school or organization. So anyone, be it terrible or everyone, can be admitted to the school. And if the child is from a family that is below the poverty line, they can get free schooling. According to the government, an additional 25 per cent may be reserved for BPL children in private schools.
 
There are so many programs for BPL which provide scholarship to scholars. There are mainly two steps:

  • You have to look at the certificate form and fill the required form which is available in your college or college.
  • Then send these copies to the Tehsildar office after formal verification that you will get the scholarship.


HOW EDUCATION AFFECTS POVERTY IN INDIA
In today's world, education is considered important in removing the conditions of poverty.
 
Development of knowledge and skills:
With the acquisition of knowledge and development of skills, they are able to get various kinds of job opportunities. Individuals who are educated and have sufficient knowledge will be able to increase their wages and thus lead to the elimination of poverty, therefore the higher the level of education, the less people will be affected by poverty. The direct impact of education on reducing poverty is through raising wages

Fulfillment of basic needs of life:
Fulfillment of basic needs of life is necessary for individuals of all categories and backgrounds. An educated person is able to meet the basic requirements for housing, food and nutrition, civic amenities, health, cleanliness, education and other requirements. They create awareness among themselves to create the means to satisfy their basic needs and demands.

The indirect effect of education on poverty is important with regard to human poverty, the reason being that education improves income, meeting the basic needs of life becomes manageable and increases the standard of living, which means a decrease in human poverty. Education indirectly helps in meeting basic needs such as water and sanitation, use of health facilities, shelter, and also influences women's behavior in reproductive decision-making and planning
 
Improvement in standard of living - The standard of living of individuals will improve when they get an education. They are able to work out a better life for themselves in terms of establishing norms, values ​​and ethics, taking care of health care requirements and the overall conditions of the home environment. Investments in education increase the skills and productivity of poverty-stricken households.

It improves the level of income and the overall standard of living, i.e. human development. Poverty is also seen as a major barrier to educational attainment. Poverty affects educational attainment in three dimensions. The first is from the resource side, i.e. learning and financial resources, the second is the creation of such social pressures that limit the thinking and well-being of the poverty-stricken student, and when poverty grips any institution, it weakens teaching. principles.
 
Reduction of crime and violence - Lack of knowledge, in other words low or no education leads to the prevalence of violent and criminal acts. There are cases where parents cannot afford medical treatment for their children, they even kill them due to pressure or stress. There are cases when parents are unable to take care of their children's needs and end their relationship with them.

Conditions of poverty lead to the prevalence of feelings of anger and frustration among individuals and they adopt violent and criminal acts to sustain their livelihood such as theft, robbery, etc. Education creates understanding among individuals to adopt ethical and honorable methods to sustain life. their housing. For example, an individual who has little education and basic reading, writing and arithmetic skills can work in a grocery store and earn a living.

Adherence to ethical standards, values ​​and principles - Education helps an individual to transform into a decent, moral and ethical human being. It is vital for individuals to have certain traits and characteristics to live effectively. He should have effective communication skills, he should learn to control feelings of anger and frustration.

Apply morality, truthfulness, fairness and decency in dealing with others. Have a welcoming and cooperative character and show concern for helpless and needy individuals. These qualities can be improved through education. When he enrols in educational institutions, apart from academic learning, he also learns basic aspects. These factors help to reduce the conditions of poverty because he is able to develop contacts and communication with a number of people and organizations.

THE RIGHT TO EDUCATION AS A FUNDAMENTAL RIGHT AND OBLIGATION
The right to education of children is not only a human right in itself, but also a measure to realize other human rights. Education helps us approach the good things of our life and brings awareness for the development of one's personality, for the perfection of character, the well-being of one's family and for better interpersonal relationships. It enables and motivates better participation in the social, political and cultural life of our community. It helps to overcome exploitation and traditional inequalities of caste, class and gender. Learning frees from ignorance, superstitions and prejudices that blind the vision of truth.
 
The founding fathers of the Constitution of India had a vision of a time-bound policy of free and compulsory education for all children till they attain the age of 14, which is enshrined in Article 45 of Part IV of the Constitution of India. This was introduced as a guiding principle of state policy. Although expected to be essential in the administration of the state, due to apathy and lack of adequate social will, universal primary education was destined to remain an unfulfilled promise, Judicial activism in reading the Guidelines into fundamental rights, especially the right to life under Article 21 by including development rights.
 
The court noted that the question is no longer res integra because the court answered the question in Unni Krishanan Vs. state of Andhra Pradesh[1] where it was decided that the right to education up to the primary level is part of Article 21 of the Constitution. The court cited several earlier decisions to illustrate this point. Right to life in terms of Article 21 means right to live with human dignity and the same does not mean only toil.

The Supreme Court in Mohini Jain v. State of Karnataka [2]upheld the right to education as a fundamental right under Article 21 of the Constitution and observed that a citizen cannot be denied the right to education by charging exorbitant fees in the form of capitation fee. In this regard, the Supreme Court in Unni Krishnan v. State of TN[3] reiterated the same and further held that every citizen has the right to free education up to the age of 14 and thereafter subject to the economic and capacity and development of the state.
 
This judgment put the power in the hands of the people and they could claim free and compulsory education. Pressure was slowly brought to bear on Parliament as various High Courts filed PILs (Public Interest Litigation) to enforce the judgment. In July 1997, the 83rd Amendment Bill was introduced in the Rajya Sabha to make the right to education a fundamental right, but could not be passed due to changes in governments and lack of the necessary political will. In 2002, the bill was approved as the 86th Constitutional Amendment Act.

After several failed attempts in 2005 and 2008, the Right to Free and Compulsory Education Act was finally passed in 2009 and came into force on 1st April 2010. Now, according to the Indian Constitution, Article 21 reads “every child between the ages of 6-14 years shall have the fundamental right to education which the State shall provide in such manner as the State may determine by law.”

The transformation of education from a directive principle to a fundamental right principle can be seen as India's interest and commitment to at least basic education (Aikara, 2004). State the Assam Cabinet unanimously approved the RTE Act on 6 July 2011 (The Assam Tribune, Guwahati and 6 July 2011)
 
Solving these problems:
The measures that should be taken to fight the demon of poverty in India are outlined below:

  • Population boom at modern pace should be controlled through policy implementation and conscious sale of supply manipulation.
  • Every effort should be made to boost employment opportunities in the country either by inviting more foreign investment or by promoting self-employment schemes.
  • Action must be taken to bridge the colossal gap that remains in the distribution of wealth among the outliers of society.
  • Indian states are certainly more poverty stricken than other states like Odisha and North Eastern states. The authorities must try to support financing in these states by providing special tax breaks.
  • The first five wishes of human beings to achieve a first-class existence fine, such as food items, clean drinking water should be extra comfortable.
  • Development of subsidy charges for commodities and public distribution should be created. Relaxed excessive school education and a greater supply of functioning fitness centers should be ensured by the authorities.


CONCLUSION
Since India is dominated by villages, it is important for the state to provide education to all without discrimination on the basis of a child's social and economic backwardness. Private sector or non-state entities can provide education at the cost of high fee structure and children of poor and backward categories would hardly have access to it.

Lack of good infrastructure and qualified dedicated teachers in remote areas do not provide quality education to children, even at primary or primary level. Due to the government's failure to modernize public schools and state-aided universities, it has not been able to compete with private entities with good infrastructure and a dedicated team of experts in raising the standard of education.

The National Education Policy of 1986 provides for universal basic education for all, but the modernization and privatization of the education sector has become an obstacle to its implementation. Even RTE did not reach the expected growth rate in 2009. It is also noteworthy that quality education can only be considered if the holistic growth of the child is taken care of. Literacy alone would never be enough for a child's growth, but a comprehensive quality education that takes care of the child's development is necessary. Due to the lack of effective implementation of the constitutional provisions on education through the national.

Education policy and RTE, education has become a dream for many, especially the socially and economically backward section of children. As a fundamental and human right, the state is obliged to exercise the right to education on a war footing to make it fair for all without discrimination on socio-economic grounds.
 
REFERENCES:

  1. Mohamed Buheji, (2019), Eliminating Poverty Through Educational Approach-The Indian Experience
  2. Geetha B. Nambissan (2010) The global economic crisis, poverty and education: a perspective from India, Journal of Education Policy, 25:6, 729-737, https://doi.org/10.1080/02680939.2010.508180.
  3. The Constitution (Eighty-Sixth Amendment) Act, 2002, Retrived from http:// Indiade.nic.in/coiweb/amend/86.
  4. Constitutional Law of India‟ 4th Ed., Vol.2, Universal Law Publication. Jagdish Swarup, “Constitution of India” 2nd Edition.
  5. Historic Right to Free and Compulsory Education for Children Act 2009.The Articulation of A New Vision, CIAS Discussion Paper No.24

End-Notes:

  1. Bhartihari cited in Unni Krishnan, J.P. Vs. State of Andhra Pradesh AIR 1993 SC 2178
  2. AIR 1992 SC 1858
  3. 1993 AIR 217; 1993 SCC (1) 645

 

Award Winning Article Is Written By: Mr.Abhinav Awasthi
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Authentication No: AP346844010280-12-0423
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