Author: Minakshi Trivedi, NBT La
To The Point :
Indian education system, having evolved from the Gurukul system to the East India Company’s influence, has drastically changed, improved, and set many wonderful platforms for children to learn. But grow? That’s the problem. Despite so many changes, every system has flaws, just like our Indian education system does. Indians have seen the Indian education system being praised but have never seen its mistakes being pointed out, mistakes it has made and continues to make. Let’s be real and come to the main point: one cannot grow and make progress when its drawbacks are not pointed out and discussed across the country.
The unyielding pressure imposed on children, interrelating their self-worth to the marks they score in exams to the extent that they feel unworthy of anything, is not education but the rat race that they are subjected to at a time when they don’t even know themselves. The realities and the legal provisions have a gap like the sky and the land do, since unequal access to quality education, teachers who lack knowledge and willingness to put in efforts, and complete violation of the plan of inaugurating the spirit of holistic education dreamt under the Directive Principles of State Policy, from Articles 41 and 45, by overemphasising the culture of examinations and scoring the highest with comparisons, is insurmountable.
Abstract:
The Indian Education System is notably one of the most changed platforms that has undergone various improvements through criticism. However, it would be a complete neglect if one does not acknowledge the conspicuous flaws and mistakes that the system incorporates and has incorporated for a long time, which eventually imposes unnecessary pressure on children, making them believe that learning is indeed not fun but a burden.
This article will boldly put out the improvements that the system still has to make, and practically, if we come to think of it, making drastic changes in a rigid system without flexibility is almost impossible. But being aware of the flaws so that the parents of the future generation can ensure that their children learn and are not scared to grow is crucial.
From providing points that should be covered with the legal relevance and compliance with constitutional vision is what this article aims to achieve.
Use Of Legal Jargon:
Directive Principles Of State Policy
Promoting welfare among people across the country doesn’t necessarily mean the development of their economic conditions and providing equal economic sources to uplift the weaker sections of the society but it also consists of providing progress to their development through education. Some of the specific articles that state non justiciable constitutional directives are given below :
Article 41
Article 45
Article 46.
What actually is ‘non-justiciability’ ?
Certain rights which are not compoundable or enforceable in the court is what the legal terms – non justiciability means.
Reasonable Classification :-
The legal terms in this context is related to article 14 of the Indian Constitution that states that even if the unequal treatment is given, it should be on rational basis and not on the intention to make discrimination by providing privilege to special classes. It is rightly said, providing equal resources to people of different backgrounds also amounts to inequality and not equality.
Public Interest Litigation –
This is the legal proceeding used to challenge the failed sections in the education system.
Right to Education –
A right granted under article 21-A of the constitution.
The Proof:
Outdated Curriculum
The outdated curriculum, where everything is fixated on the numbers on exam sheets instead of igniting confidence in children, encouraging curiosity, and allowing mistakes without making comparisons among them, should be addressed.
Physical, mental, and emotional progress that eventually leads to fun environment for children to learn is mostly violated under section 29 of the right of Children to Free and Compulsory Education Act, 2009 that emphasizes more on overall development. Also, this specific flaw under Articles 41 and 45 of DPSP, which makes it compulsory for the state to provide platforms that would lead to individual and societal real growth.
Sex Education
With the rise in sexual assault and rape cases, ironically, even speaking out loud the word ‘sex’ is considered taboo in our country. This cultural stigma must be eradicated from the beginning of a child’s education.
Career Counseling
The different career paths should be posed before them, giving importance to every field instead of only emphasising engineering and medicine. Children should be encouraged to follow their passion, interests, and the indescribable hard work required to achieve the same. No fields should be compared.
Refusing children to choose different career paths by limiting them into restricted roles may be subjected to the violation of Article 21 and refuse to provide them with the conditions of freedom and dignity, the principles outlines under the overall development of Article 39(f).
Menstrual Cycle
It is disheartening to know that women still don’t know why they menstruate. In one of the leading cases in Maharashtra, a brother brutally killed his sister when he assumed her period blood was a result of sex. This is an epitome of how crucial it is to educate both boys and girls about the menstrual cycle, especially in remote areas.
Considering menstrual awareness as a taboo is not only a violation to a comprehensive education but also the right to health and dignity, as again recognised under Article 21.
Tax System
How to manage taxes and how to invest properly should be taught in early 9th and 10th standard, or at least a brief introduction should be given.
Financial literacy is important for knowing one’s constitutional obligations as identified under Article 51A(h), which encourages citizens to not ignore a scientific attitude and the spirit of making changes. By providing students with the knowledge of taxation, banking and investment, the State indirectly encourages economic empowerment and the awareness regarding equal opportunity under Article 14.
Virginity, Hymen, Sex Determination of Foetus
Every topic should be covered and taught so that gender discrimination can be stopped and females are educated enough to take a stand for themselves.
Turning a blind eyes to these important points is like directly perpetuating the meaningless beliefs and attitudes, as identified under Articles 14 and 15 and the PCPNDT Act, 1994 was passed to stop abortions of females, but as the statistics depict, the awareness and education is unfortunately low. An inclusive education is vital for accomplishing gender justice, an aim and vision of our constitution.
Case Laws:
Suchita Srivastava v. Chandigarh Administration, 2009 – It was held that emphasis on the vitality of furnishing with the brief information on reproductive and sexual education with friendly approach complies with the protection of children of various acts.
Laxmi Mandal v. Deen Dayal Harinagar Hospital, 2010 – It was held that the knowledge regarding the reproductive health by eradicating pointless myth is a crucial element in successfully complying with the right to live and quality. Unni Krishnan, J.P v State Of A.P, 1993- Education upto the age of 14 is a abecedarian right undermining composition 21, and education after the age of 14 is n’t covered under the same.
Environmental And Consumer Protection Foundation v Union Of India, 2012 – Furnishing introductory infrastcuture in all seminaries is a duty for all countries and Union homes.
Conclusion
The conclusions are always written on a positive note, stating data and glorifying successes, but this time, in order to conclude, admitting the eventuality that the education system has, with understanding the aspects where drastic advancements are demanded, is inversely important. Thus, a comprehensive education system is only possible when the people of this country give emphasis on the pivotal points, understanding the psychology of children, and at the same time, the State needs to make changes in the rigid system in order to acclimatize to the changing circumstances and conditions of moment’s world.
FAQS
Q1. The right of Education is recognised under which Composition of the Constitution?
Ans: Composition 21- A states that the right to education is a abecedarian right.
Q2. What does section 29 of the Right to Education Act, 2009 act correspond of?
Ans: Section 29 of the Right to Education Act, 2009 discusses the cruciality of an overall development of children developing their internal, physical and social aspects.
Q3. Why should coitus education be incorporated in class?
Ans: coitus education is pivotal to indicate how the POCSO Act, 2012 workshop and to cover their children’s Right to Life and quality under Composition 21.
Q4. Is Indian Education System drastically in need of changes and why?
Ans: Yes, every system needs to be bettered for making it adaptable to the changing circumstances and with this growing population, making children learn and figure out themselves by promoting curiousity and taking pitfalls is important which needs to be addressed by Indian Education System.
