Idea Transcript
UNIT 3 WELFARE AND SOCIAL SECURITY MEASURES
Welfare and Social Security Measures
Saumya Uma
Structure 3.1
Introduction
3.2
Objectives
3.3
The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MNREGA)
3.4
3.3.1
Distinctive Features and Strengths of the Law
3.3.2
Positive Impact
3.3.3
Impact on Women’s Empowerment
3.3.4
Negative Findings
3.3.5
Challenges in Implementation
3.3.6
MNREGA – A Mixed Bag of Outcomes
Right of Children to Free and Compulsory Education Act (RTE), 2009 3.4.1
Mechanisms for Implementation of RTE Act
3.4.2
Positive Impact
3.4.3
Gaps in Implementation of the RTE Act
3.4.4
Challenges to Effective Implementation of the RTE Act
3.4.5
Towards a Better Implementation of the RTE Act: The Way Forward
3.5
Let Us Sum Up
3.6
References
3.7
Suggested Readings
3.1 INTRODUCTION State-initiated laws, policies, programmes and schemes on social protection have no meaning unless they are formulated keeping in mind the weakest persons in society, and thereafter implemented in such a way that benefits them. Policies and laws on social protection are significant in themselves, as they set norms and standards that give the underprivileged people a tool with which rights can be demanded and the State’s obligation can be tested against. However, there is often a gap between the written law / policy and the actual implementation of the same at the ground level. This Unit seeks to highlight, analyze and discuss this gap and suggest ways of bridging the same, by examining two significant laws on the issues of livelihood and education. Let us read the learning objectives of this unit.
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3.2 OBJECTIVES The objectives of this Unit are to: •
Examine two significant laws to secure social security;
•
Develop a critical understanding of the same, including achievements and inadequacies;
•
Analyse the extent to which these laws have been implemented, particularly with respect of women and girls; and
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Discuss challenges to implementation and identify possible ways of addressing the same.
3.3 THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005(MGNREGA) Enactment of MGNREGA was a part of the commitments made by the United Progressive Alliance (UPA) government in its Common Minimum Programme. The MGNREGA, with its rights-based framework, is a significant policy response to a situation of poverty and inequality, by spelling out citizens’ right and consequently, State’s obligation, to guarantee rural employment. It has been hailed as a landmark legislation and promises to be a major tool in the struggle to secure social protection. It is important to remember that NREGA was not given to the citizens on a platter by a generous state; it was the Parliament’s response to a sustained people’s movement that grew out of the recognition and articulation of the rights of the rural poor to a life with dignity through the right to work. MGNREGA helps earn wages and create productive assets as well as regenerates natural resources, thereby addressing causes of chronic poverty namely, water, fodder and land.
3.3.1
Distinctive Features
The salient provisions of MGNREGA have already been discussed in Unit 2 of this Block. In this section, we will discuss some distinctive features and strengths of the law. Lessons from Past Experiences: MGNREGA is built upon the experience of previous public works programmes such as the Maharashtra Employment Guarantee Scheme and consolidates other existing employment generation schemes. Sudarshan (2009, pp.9-10) writes that the law has tried to incorporate provisions to avoid lacunae in past laws / schemes / practices such as:
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•
the gap between commencing work and getting paid;
•
non-availability of continuous employment;
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leakage due to under-utilisation of the fund;
•
no unemployment allowance or compensation for anyone involved in
Welfare and Social Security Measures
the scheme; •
low awareness of entitlements; and
•
an absence of linkages between works and larger plans for the district.
Decentralized and Participatory Planning: The MGNREGA places a major part of the responsibility for monitoring, supervising the projects and their implementation on the panchayats (village councils), instead of the district collector. This encourages panchayats’ ownership of the projects, and encourages decentralization. The Act provides for the local community to create projects to meet local needs through the gram sabha (a permanent body of people on the local electoral roll that monitors panchayat plans), giving recognition to the fact that no District Collector or other official of state administration could know the local needs of a community better the community itself. Provisions on Transparency and Accountability: The law has aspects of transparency and accountability built into it. For example, the law envisages that all information be proactively placed in public domain, and information that is demanded will be given free of cost. For this purpose, the government has made available web- enabled Household based database in public domain through a website, http://www.nrega.nic.in. By the government’s claim, in 2013 about 12 crore job cards and 9 crore muster rolls are in public domain. The access to records is intended to prevent corrupt practices. One of the best practices in this regard is the ‘transparency wall’, a public wall in each village with NREGA information such as the names of all workers, how many days they have worked and how much they have earned. This acts as a collective vigilance mechanism. (Dey, 2011) Incorporation of the Principle of Equity: The law attempts to promote gender equality and promote full participation by makings explicit entitlements for women. These include: •
prescribing that at least one-third of workers should be women. (MGNREGA, Schedule II, Para 6:19)
•
The guidelines clearly spell out equal wages to men and women for equal work done, and a compliance with the provisions of Equal Remuneration Act.
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Women are expected to be represented on the local monitoring / vigilance committee that is formed for monitoring the work undertaken, thereby paving way for women’s role in management of the projects.
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Women are also expected to participate in social audit processes that are undertaken twice a year. 357
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•
The Act also recognizes single women as a ‘household’ thereby making it possible for widows/deserted/divorced/destitute and other categories of single women to benefit from this law. Due consideration is given to beneficiaries from disadvantaged groups such as Scheduled Castes, Scheduled Tribes and persons below poverty line (MGNREGA Schedule II, Para 6:19).
•
The law provides support for child care, and convenience to households. The guidelines mention the need for a crèche at the work site, and for the works to be convenient for families. The law and rules prescribe that women (especially single women) and older persons should be given preference to work on the work sites nearer to their residence. Also, if several members of a household who share the same job card are employed simultaneously under the Scheme, they should be allowed to work on the same work site.
In addition to provisions on gender equity, the law also provides for land reform beneficiaries and small and marginal farmers to work on their own land. Preliminary findings from Kerala have shown a high level of participation of women in projects under the MGNREGA (Sudarshan, 2009, pp.17-21). Strengths of the Law: From the beneficiary’s perspective, this law is favourable as it has •
no specific eligibility criteria or pre-requisite skill; the benefit of a job can be availed of upon demand;
•
the proximity of the place of residence to the site of employment guaranteed;
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certainty of wage rates ensured as the law spells out a conformity to minimum wages;
•
the wages paid through institutional accounts opened in post offices and banks; and
•
data on work and wages provided through the job card which acts as a ‘record of rights’.
One of the greatest successes of NREGA, according to some researchers, is that job cards have been issued very promptly, through a simple procedure of identification by the village sarpanch, neighbours, partner and supervisor even if there is no photograph on the job card (Dey, 2011). Discussion on delayed issuance/denial to issue job cards is dealth with in the subsection3.3.4 of this Unit. Government’s Viewpoint: One of the major issues that is favourable to the government is budget allocation, which is often pivotal to the effective implementation of laws and policies. For implementation of MGNREGA, the substantial cost (90%) will be borne by the central government, and 10% by 358
the state governments. The budget allocation was about Rs.40,000 crores for 2011-12; 33,000 crores in 2012-13 and 33,000 crores in 2013-14. (Hindustan Times, 1st March, 2013, p.9) The decrease in the budget for
Welfare and Social Security Measures
2012-13 is due to the poor spending of funds allocated in the previous year. It also has a budget on demand, and so, the expenditure could exceed the allocated resources, if need arises. Central government financially supports to the tune of 100%, material cost to the tune of 75% and 6% of administrative expenses. Another strength from the government’s viewpoint is the incentivedisincentive structure. Central government would extend assistance for providing employment, but the cost of unemployment allowance would be borne by the State government. This provides an impetus for the state governments to ensure proper implementation of the law so that the rate of unemployment remains under check. Let us now read about some positive impact of the Act.
3.3.2
Positive Impact
Impact of NREGA that are visible from various studies are as follows: •
Increase in agriculture minimum wages and wage earned per day and annual income;(Source: IIM Lucknow, NDUAT Faizabad)
•
Increase in bargaining power of labour, and increase in earnings per household from Rs 2795 in 2006-’07 to Rs 3150 in 2007-’08 to Rs 4060 in 2008-’09; (Sharma, 2010)
•
Decline in distress migration from rural areas; (Source: reports of studies by Disha, NFIW, IHD, CSE)
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Increase in area cultivated in some states; (Ministry of Rural Development, (2013)
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Revival/building of water conservation structures;
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Financial inclusion of underprivileged people, as indicated by the opening of 8.6 crore bank/post office accounts; (MRD, 2013)
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“Green Jobs” created as nearly 70% works relate to water conservation, water-harvesting, restoration, renovation and desilting of water bodies, drought-proofing, plantation and afforestation; (Sharma, 2010)
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NREGA is used as a supplementary income source during non-agricultural seasons; (IIM, Ahmedabad)
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Productivity effects of NREGA reported include improvement in ground water (ASCI, IHD),
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improved agricultural productivity and cropping intensity (ASCI, IIT Roorkee), 359
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•
livelihood diversification in rural areas (IIM Shillong, CSE, IHD),
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reduction in water vulnerability index,
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agriculture vulnerability and livelihood vulnerability index (IISc).
Before reading the next section, attempt the following exercise. Check Your Progress: 1) Name some distinctive features and strengths of MGNREGA.
2) What are the strengths of the law from the government viewpoint?
3) What are the strengths of the law from the beneficiary’s viewpoint?
4) Highlight some areas in which there has been a positive impact of MGNREGA
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In the following section you will read about how this legislation has affected women and has led to their empowerment.
3.3.3
Welfare and Social Security Measures
Impact on Women’s Empowerment
Seen against the backdrop of economic globalization resulting in casualization of women’s labour, and the ownership of relatively less means, education, skills and productive assets by women as compared to men employment guarantee for women is extremely important. The NREGA, with its guarantee of 100 days of unskilled work for every household, close to their place of residence, has been conceived as a gender-sensitive scheme. Government figures indicate an impressive participation of women in the MGNREGA. At an all-India level, women’s employment as a percentage of total employment in MGNREGA works was 40 per cent in 2007-08. It increased to 53% by mid-2010, though it declined in the latter half of 2010. In 201112, it was 49.4%; in 2012-13, it was 52.44% (http://www.nrega.nic.in/ netnrega/home.aspx). A study was conducted by National Federation of Indian Women (NFIW) on the impact of MGNREGA’s contribution to women’s lives and its effect on women’s empowerment the study involved interview of 776 women workers and 40 gram panchayat members from Rajnandgaon (Chhatisgarh), Jabua (Madhya Pradesh), Cuddalore (Tamil Nadu) and Mayurbhanj (Orrissa). (Chatterjee, Sandhu, 2008, Kelkar, 2009). The following positive findings were reported: •
By putting cash incomes into their hands, MGNREGA is beginning to create a greater degree of economic independence among women implying empowerment and financial inclusion;
•
Both qualitative and quantitative social impact assessments suggest that women workers are more confident about their roles as contributors to family income and their work decisions, and that they are also becoming more assertive about their space in the public sphere;
•
More than half of the respondents felt that the MGNREGA has brought a significant change in their villages as well as in their own lives, as the employment is being provided within their village. It generates community assets and enhances their spending capacity;
•
By and large, men and women are paid equal wages at MGNREGA worksites as has been mandated by the Act;
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Most respondents said that the decision to work at MGNREGA worksites was their own;
•
Women workers were, by and large, receiving their wages in person, rather than through husbands or other proxies. This is corroborated by other reports that observe that with the exception of few reported 361
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cases, gender wage parity has been noted in large-scale surveys of NREGA worksites; •
Women’s MGNREGA earnings are increasing their contribution to household income, purchase of food and consumer goods and ensuring two regular meals a day for the households . Workers 34% also spent their MGNREGA wages on their children’s education while 40% spent it on health care;
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Nearly 48% of all sample workers were aware of the level of minimum wage in their respective states, and that 100 days of work was guaranteed under the law, but nothing more; and
•
MGNREGA positively impacted migration patterns as it seems to have created reasons and opportunities for people to work and remain in their own villages. Box No. 1 The studies concludes that the overall impact of MGNREGA on women’s lives is quite positive in many ways, whether it is by enhancing their economic independence and self-confidence, contributing to food security, helping to reduce distress migration, or fostering better awareness (and wider enforcement) of minimum wages. The role of MGNREGA as a tool of women’s empowerment deserves much more attention than it has received so far.
Other studies have highlighted the following positive impact of MGNREGA on women’s empowerment: •
In Rajasthan, which has a recent history of civil society engagement with social audits and Rights to Information, and therefore a higher level of awareness, a large number of women (who have studied class 5- 8) have been trained as ‘mates’ (worksite supervisors). In many worksites, mates were reported to have formed groups; and “most mates knew about the task required to earn the minimum wage. (Khera, 2008, p.4)
•
A social audit in Tamil Nadu found than 95 per cent of women employees stated that it was their own decision to undertake work under MGNREGA; 73 per cent of them “felt that MGNREGA work is very important for the economic wellbeing of their households”; and “70 per cent of them kept all or part of the wages” (Narayanan, 2008, p.11)
•
In Kerala, Kudumbasree, a sub-set of panchayat – provides useful lessons in implementation of MGNREGA through women-led neighbourhood groups at the local level. (Vijayanand and Jithendra, 2008)
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In Bihar, in an attempt to address local gender norms which do not permit women’s involvement in labour intensive infrastructure projects,
the government has relaxed the task norms for women in MGNREGA works. Measurement of women’s work per day is 15% less than that for men. This is a significant approach to women’s work. (Priya, 2008,
Welfare and Social Security Measures
p.19) •
A 2008 MGNREGA Survey showed that 79% of women employees in MGNREGA works collect their own wages, and 68% keep their own wages. (Dreze and Khera, 2009, p.13)
3.3.4
Negative Findings
Some of problematic issue that came up from empirical studies are as foolows: •
Awareness about minimum wage was low; awareness regarding operational guidelines, household registration, the job card distribution process, work applications and entitlements such as worksite facilities and unemployment allowance was inadequate;
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Worksite facilities guaranteed under the Act, such as safe drinking water, shades for periods of rest, first aid and child care facilities, were routinely absent from the worksites. (Sandhu, 2008)
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Women workers did not generally take part in Gram Sabhas, partly due to lack of awareness about the significant role to be played by the Gram Sabhas in making a shelf of projects and conducting social audits of MGNREGA works.
•
Women’s participation in Panchayati Raj Institutions (PRIs) was also very low despite reservation of 1/3 of all seats in local elected bodies for women. While women are increasingly visible as part of the MGNREGA workforce, there is still much scope to increase their involvement in PRIs to tackle issues like water, sanitation, health, education and of course the implementation of MGNREGA.
•
Wages are not paid on time in most areas.
The studies observe that while women’s labour (farm and non-farm) has always been an essential component in the functioning of rural households, it has been made invisible due to the absence of any monetary remuneration. By putting cash earnings in women’s hands, MGNREGA has both increased and diversified the contributions that women are making to household incomes as wage earners.
3.3.5
Challenges in Implementation
Since MGNREGA came to be launched in February 2006, there have been evaluation studies undertaken both by the government and civil society groups, to examine its implementation at the ground level. As expected, the implementation has been uneven across states and districts.
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Sharma (2010) cities a government report outlines following challenges to its proper implementation: •
The social audit provision in the law requires the gram sabha to audit the gram panchayat, but the gram sabha is convened by the gram panchayat, hence there is a conflict of interest. Further, the social audit provision is rendered ineffective as in highly stratified rural areas of the country, the village community is dependent on the gram panchayat. Hence, it in no position to interrogate and analyse information, and evaluate the performance of the scheme.
•
Lack of awareness about rights and entitlements and workers’ inability to submit written applications and negotiate rights.
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Gaps in delivery systems: These include the mind-set of welfare provisioning as against accountability to guaranteeing rights, poor capacity of local bodies and administrative agencies, poor coverage of banks and post offices as well as poor infrastructure, including econnectivity
Ministry of Rural Development, highlights nine challenges to the implementation of MGNREGA, which are: 1)
Ensuring demand driven legal entitlements rather than assuming that the demand for work is identical to the work provided;
2)
Reducing distress migration from rural areas, which happens because the work is not commenced on time and in response to the demand of the workers. Workers are uncertain as to when the work will commence;
3)
Reducing delays in payments to workers;
4)
Providing requisite number of days of work as per demand;
5)
Improving quality of assets created under MGNREGA and their relevance to the livelihoods of the poor;
6)
Ensuring full payment of wages stipulated under MGNREGA;
7)
Anchoring participatory grassroots planning;
8)
Sustaining regular flow of funds; and
9)
Strengthening grievance redress mechanisms.
(Source: Note on ‘Reforms in Implementation of MGNREGA’ Whish indicates nine major challenges, Ministry of Rural Development, Government of India, Sep 2011, available at http://nrega.nic.im/circular/Reforms _in_MGNREGA01092011.pdf. accessed on 21 March 2012)
In addition, recent studies undertaken by non-governmental sources indicate corrupt practices at a large scale that undermine the purpose for which the MGNREGA was enacted. A study of some districts of Uttar Pradesh illustrate captive job cards, fake bank accounts, illegal withdrawal of money deposited 364
into bank accounts of the beneficiaries, fictitious people receiving jobs, illegal payment to officials to allot jobs, coercion by village pradhans (heads)
Welfare and Social Security Measures
and embezzlement of huge amounts of money by the officials of state machinery with the connivance of village pradhans. (Bhalla, 2011) A recent study illustrates how women are being knocked out of rural agricultural labour, who then move to work under the MGNREGA. The author points out that this is not a positive sign, as the MGNREGA does not meaningfully upgrade skills for women, that could help them earn more, beyond the wages offered by the MGNREGA and beyond the minimum wage band. (Kaul, 2013)
3.3.6
MGNREGA — A Mixed Bag of Outcomes
MGNREGA Sameeksha is an anthology of independent research studies, analysis and evaluations of MGNREGA from 2006 to 2012 – provides a holistic perspective of its impact and challenges. (The Hindu, 31 August, 2012) The anthology was an initiative of the Union Ministry of Rural Development to improve governance based on the findings of independent evaluation and public participation. The findings of Sameeksha include: a)
creation of sustainable assets such as water harvesting assets;
b)
it has provided livelihood and income security;
c)
decreased the incidence of poverty;
d)
increased food intake;
e)
reduced mental depression;
f)
positively affected health outcomes.
A significant finding is that the wage differentials between men and women has been decreased. State-specific achievements are no less significant. In Rajasthan, hundreds of adivasis have been released from generations of bonded labour due to alternative work provided by MGNREGA. Uttar Pradesh, Bihar, Orissa and Chhattisgarh experiences show that many have been saved from destitution. The Tamil Nadu experience shows an empowerment of women and a huge participation of women in the workforce. The findings also indicate poor implementation as well as violation of the law in letter and spirit in many places. Average wages paid are lower than minimum wages; there is a huge delay in payment of wages; not all who demand work get it; unemployment allowance is rarely paid; social audits are a façade in many states. While the opening of ten crore bank and post office accounts may indicate financial inclusion of the poor, the delay in payments to these accounts is a major cause of concern.
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Box No. 2 There is an urgent need to strengthen the process of social audit, and other mechanisms to ensure transparency accountability and arrest malpractice and corruption in order that the world’s largest employment programme is considerably reformed and better implemented. It is clear that a positive impact on women’s empowerment and improvement in women’s livelihood, wages earned, health, nutrition and other socio-economic aspects cannot be ensured only through provisions of law, however path-breaking they may be; a change in the patriarchal mindset of officials who implement the law as well as the gram sabha is equally an imperative. Increased participation of women in Panchayati Raj Institutions (PRIs) will also boost an improved gender impact of the law. Take up the following exercise before you read the next section. Check Your Progress: 1) Name some of the positive impacts of MGNREGA on women’s empowerment.
2) Which are the states where studies indicate distinct improvement in the status of women due to the implementation of MGNREGA?
3) Name some negative findings of MGNREGA in relation to women’s empowerment.
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4) Write some of the major challenges in implementation of NREGA.
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5) What actions are necessary to ensure improved positive outcomes of NREGA?
In the following section you will read about Right to Education Act, 2009.
3.4 RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT (RTE), 2009 Unit 2 of this Block has traced the manner in which the RTE came to be enacted, starting from the Supreme Court judgment in Mohini Jain’s case in 1992, to judgment in Unnikrishnan’s case in 1993, to free and compulsory education as a fundamental right through an amendment to the Indian Constitution (insertion of Article 21A) in 2002 and the launch of Sarva Shiksha Abhiyan (SSA) in 2001-02. The enactment of RTE Act was a logical next step to this paradigm shift in perceiving education as a right of children – a legally enforceable entitlement with corresponding responsibilities on state agencies – rather than a need or a charity to be doled out by the state. In fact, the RTE Act gives teeth and provides substance to Article 21A. The objectives of SSA and RTE Act are not very different from each other, though SSA is a programme of the government to achieve universalization of elementary education, while RTE derives its legitimacy from the fundamental rights chapter of the Indian Constitution. The RTE does not replace the components created by SSA, such as the Education Guarantee Scheme (EGS) and Alternative and Innovative Education (AIE). Neither does it substitute the implementation mechanisms created by the SSA. In fact, today, the SSA is the main implementation vehicle for the RTE Act, and the implementation framework of the SSA has been considerably revised to coordinate with the provisions of the RTE Act. (Sarkar, 2012, p.34). 367
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Revisions, through legal amendments, are underway in the Child Labour Prohibition and Regulation Act 1986 (now re-named Child and Adolescent Labour Prohibition Act – CALPA) too, as after the enacting of RTE Act, which mandates free schooling for children between the ages of 6 and 14, allowing any form of child labour in this age group, even if it is non-hazardous, would violate the provisions of the RTE Act. The CALPA seeks to completely prohibit and ban child labour upto the age of 14 years. (Chandy, 2012) In addition, the RTE Act and the SSA are complemented by a variety of government schemes launched by various ministries, which are in place, with considerable budgetary allocation. These include: •
the Mid-Day Meal scheme, launched by the Ministry of Human Resource Development;
•
the Total Sanitation Campaign and Drinking Water Mission, implemented by the Ministry of Rural Development for providing drinking water and sanitation facilities in schools;
•
the National Child Labour Project, launched by the Ministry of Labour in an effort to provide education for children who have been withdrawn from child labour;
•
boarding schools and hostel facilities for children from Scheduled Castes and Scheduled Tribes, implemented by the Ministry of Social Justice and Empowerment, and Ministry of Tribal Affairs;
•
integrated Child Development Services, implemented by the Ministry of Women and Child Development for early childhood development, through the establishment of the anganwadi system;
•
the School Health Programme, implemented by the Ministry of Health and Family Welfare; and
•
teacher education, launched by the Department of Elementary and School Education, Ministry of Human Resource Development. Box No.3 In terms of education of girl children, the RTE and SSA are complemented by various policies, programmes and schemes. These include the National Policy on Education 1986, National Curriculum Framework 2005, National Curriculum Framework for Teacher Education 2010, as well as schemes such as the National Programme for the Education of Girls at the Elementary Level, Kasturba Gandhi Balika Vidyalaya Scheme and the Mahila Samakhya programme. Cumulatively these policies, programmes and schemes aim at inclusive and quality education for girls, including those from marginalized sections of society.
The RTE Act provides for definite timeframes for implementation of provisions of the Act. It gives a time limit of three years from the commencement 368
of the Act, for establishment of neighbourhood schools, provision of school
infrastructure including a building and essential facilities, and for the pupilteacher ratio of 30:1. The time period ends in March 2013. It provides for a time period of five years for training all the untrained teachers in the
Welfare and Social Security Measures
schools, while other provisions of the law are to be implemented with immediate effect. It is also important to remember that while the RTE Act possesses an immense potential to make the country’s vision of universalization of primary education a reality, the Act has a fair share of ambiguities and inadequacies. (Jha and Parvati, 2010, pp.20-23)
3.4.1
Mechanisms for Implementation of RTE Act
The RTE Act provides elaborate and varied mechanisms for monitoring and implementing the law, which are significant in nature. These include: •
National and State Commissions for Protection of Child Rights (NCPCR and SCPCRs): These have been given powers under the Act for monitoring and protecting the rights of children under the RTE Act. It has been mandated to monitor the implementation of all the provisions of the RTE Act. These include individual entitlements and rights that have been guaranteed for the child such as free books, admission and transfer certificates, systematic transition of children from primary to secondary school level as well as redress of grievances. As per an official document of the NCPCR, as of 16 April 2012, the NCPCR had conducted social audit in 439 wards and 700 schools across all the states, 2500 cases heard through public hearings in eight states, held meetings with 26 state representatives of 15 states, and had held two meetings of Expert Group on RTE. (MHRD, 2012) This indicates that the NCPCR has taken its responsibility of conducting social audit of implementation of the RTE Act very seriously.
•
Constituting an Authority to Perform the Functions of the SCPCR: The RTE Act entrusts the state government with the responsibility of constituting such an authority where SCPCR has not been constituted. The Rules notified under the RTE Act in 2010 further spell out, in contexts where no SCPCR exists, for the establishment of an interim authority called as The Right to Education Protection Authority (REPA) for the purpose of performing the functions of the SCPCR under the Act.
•
Grievance Redress Mechanism: Any person aggrieved by an action that violates the rights of the child under the RTE Act may complain to the local authority at the ward / panchayat level in writing, who shall decide upon the matter within three months. The local authority maybe a gram panchayat at the rural level, and urban local body in urban areas. The SCPCR is designated as the point of appeal in those instances where grievance is not redressed by the local authority.
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•
Constituting a School Management Committee (SMC): The RTE Act prescribes that all schools, except those that receive no government funds (unaided schools), have to set up the SMC. The SMC is empowered to monitor the functioning of the school, and prepare a school development plan. At least three-quarter of SMC members are required to be parents or guardians, with a proportional representation of parents or guardians of children belonging to marginalized sections of society. In addition, 50% of its members are required to be women. The SMC is conceived to address the local needs, as a body ensuring checks and balances in the functioning of the school and in ensuring implementation of the RTE Act at the ground level. The Central government has prepared Model Rules that include details about constituting the SMCs and the functions they should perform. These have been circulated to all states and union territories.
•
Monitoring by Independent Agencies: As per Sarkar’s (2012) report, 42 independent agencies with a recognition at the national level have been entrusted with the responsibility of monitoring the implementation of the RTE Act in the first two years. These Monitoring Institutions are required to submit half-yearly reports to the central authority, who would forward them to state project directors of SSA of states and union territories. The state project directors are responsible for taking remedial measures and follow up action for the proper implementation of the RTE Act.
•
Financial Review by the Institute of Public Auditors of India: The Institute is entrusted with the responsibility of conducting a concurrent financial review of all states and union territories in India and submitting annual reports to the Ministry, which forwards the same to the concerned state/union territory for taking remedial measures and corrective action.
•
Third Party Evaluation by the SSA in Some States: In addition to the above, the SSA conducts third party evaluation through independent agencies in some states, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Jammu and Kashmir, Madhya Pradesh, Maharashtra, Tamil Nadu, Uttar Pradesh and West Bengal. Box No. 4 Undoubtedly, effective monitoring, accountability and grievance redress mechanisms are imperative to ensure that the objectives of the RTE Act are achieved. The SSA Framework highlights 14 issues that need to be taken on board to establish a comprehensive monitoring, accountability and grievance redress mechanism, including awareness raising and public display on the entitlements secured under RTE; appointment of designated officers to dispose grievances; developing systems for complaint registration; time schedules for complaint disposal; confidentiality clauses, formats and multiple forms of grievance registration etc. (MHRD, 2012).
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3.4.2
Welfare and Social Security Measures
Positive Impact
Let us now look at some positive outcomes of SSA. Table 1 gives an overview of the status of progress in education since 20067. The table indicates an increase in primary and upper primary schooling facilities, as well as in enrolment of children in primary and upper primary. The increase in teachers in government schools from 2006-7 to 2010-11, as shown in Table 1, is a positive indicator, and is required, in tandem with the increase in schools over the years. Table 2 provides a clearer picture of the steady increase in the number of schooling facilities, in the categories of primary, primary with upper primary and total schools. Table 3 provides a sex-wise break-up of enrolment of students in primary and upper primary schools. It indicates that though the number of girls enrolled is lower than boys in both the categories (attributed, among other reasons, to patriarchal norms and gender-biased mindset), the enrolment of girls in primary and upper primary schools has been steadily growing with the years. But, the enrolment in numbers and percentage dose not accurately reflect on attendance rates, which are considerable lower. The enrolment rate also does not reflect on drop out of a student during the academic year. Table 1: Status of Progress in Education since 2006-7 2006-7 2009-10 2010-11 Primary Schools (in million)#
0.77
0.81
0.82
Upper Primary Schools (in million)##
0.41
0.49
0.53
Primary Enrolment (in million)
132.00
133.00
135.00
Upper Primary Enrolment (in million)
47.50
54.50
57.80
Elementary Enrolment (in million)
180.00
188.00
192.80
Gross Enrolment Rate*–Primary (in per cent)
111.0
115.0
118.0
Net Enrolment Rate**–Primary (in per cent)
93.0
98.0
99.8
Gross Enrolment Rate*–Upper Primary (in per cent)
64.7
75.8
81.2
Net Enrolment Rate**–Upper Primary (in per cent)
48.4
58.3
61.8
Teachers in Government Schools (in million)
3.60
3.90
4.19
Out-of-school children (in million)
11.30
8.10
-
# Primary – Classes I to V ## Upper primary – Classes VI to VIII *Gross Enrolment Rate is that of enrolled children of all ages/Total number of children in the official school age group. **Net Enrolment Rate is that of enrolled children in the official school age group/ Total number of children in the official school age group. Source: Ministry of Human Resource Development, Government of India
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Table 2: Total Number of Schools Covered under SSA. Academic Year
Primary only
Primary with Upper Primary
Total Schools*
2006-7
779,482
210,014
1,194,504
2007-8
805,667
217,442
1,244,199
2008-9
809,108
234,345
1,285,287
2009-10
809,978
247,643
1,303,773
2010-11
827,244
258,803
1,362,324
* Total schools include primary only, primary with upper primary, primary with upper primary and secondary / higher secondary, upper primary only, upper primary with secondary / higher secondary Source: Ministry of Human Resource Development, Government of India
Table 3: Sex-wise Enrolment (in millions) Academic Year
Primary – boys
Primary – girls
Primary – Upper Upper total primary– primary–
Upper primary-
boys
girls
total
2006-7
68.4
63.4
131.8
25.4
22.1
47.5
2007-8
69.5
64.7
134.2
27.0
23.9
50.9
2008-9
69.4
65.0
134.4
28.0
25.4
53.4
2009-10
68.8
64.7
133.5
28.3
26.2
54.5
2010-11
69.8
65.5
135.3
29.9
28.0
57.9
Source: Ministry of Human Resource Development, Government of India
Box No. 5 A summary of findings of statistics above and other related statistics available with the Ministry of Human Resource Development, is as follows:
•
Financial allocation made to states and union territories for the implementation of SSA, and as mandated by the RTE Act, has increased from 2010-11 to 2011-12;4
•
There is a steady increase in the number of primary and upper primary schools built;
•
Enrolment rate in primary and upper primary schools has increased over the years;
•
While the enrolment of girls is lower than boys in both primary and upper primary schools, the enrolment of girls has seen a steady increase over the years, and the gender gap in enrolment has consequently reduced;
372
•
There has been a substantial increase in the number of teachers available at the elementary level (Standards I to VIII) in the last
Welfare and Social Security Measures
few years;
•
The percentage of female teachers increased over the years, due to a norm prescribing that 50% of all teachers recruited under the SSA should be women; and
•
There is a considerable increase in the availability of basic infrastructure in schools, such as drinking water facility, girls’ toilets and ramps for differently abled children.
A positive aspect, as reflected in the allocation of budget in SSA for 201011 and 2011-2012, is an emphasis on inclusive education, with a focus on children with special needs. The budget for inclusive education in 201011 was Rs 75,308.2 lakh, compared to Rs 28,309.65 lakh for 2009-10, an increase of Rs 46,998.55 lakh. (Gupta, 2012) Check Your Progress: 1) What is the relationship between Right to Education (RTE) Act and Sarva Shiksha Abhiyan (SSA)?
2) Name some of the schemes that complement RTE Act and SSA.
3) What are the monitoring and implementation mechanisms under the RTE Act?
4) Write the aspects of positive impact of RTE Act, as highlighted through governmental reports
373
Legislation, Social Protection and Policy
After reading the positive impact of RTE Act, read about the gaps in implantation.
3.4.3
Gaps in Implementation of the RTE Act
Despite the positive impact, as illustrated from the government data, there is much room for improvement in the implementation of the RTE Act. Although elaborate mechanisms for monitoring and implementing the RTE Act are in place, five years after the enactment, gaps persist between the legal provisions and grassroot realities. In 2011, the NCPCR conducted social audit in one district each in ten states, namely Assam, Andhra Pradesh, Bihar, Delhi, Haryana, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu and Uttar Pradesh. This social audit was conceived to be a pilot effort and not a comprehensive one. The findings reveal the gaps in implementation in most of the government schools, like: •
Poor infrastructure including a lack of drinking water and toilet facilities. Inadequate or absence of toilet facilities particularly contributes to drop out of girl children from schools. Bureaucratic red-tapism and lack of political have led to non-responsiveness of the central government, coupled with an absence of meaningful involvement of the community and the SMC, contributing to poor infrastructural facilities in schools;
•
Dismal pupil-teacher ratio, with some states such as Delhi and Uttar Pradesh accomodating more than 80 students in a class, while the RTE Act prescribes a pupil-teacher ratio of 30:1;
•
Low enrolment rates and high drop out rates, the highest being in Haryana – with girls constituting a majority of the drop outs;
•
Extremely poor quality of education in all the 10 states, with most children in 6th and 7th standards being unable to read their text books. The poor quality of education is, in part, due to the poor quality of teachers, and lack of motivation, high absenteism, unpunctuality, irregularity and lack of accountability of teachers. In Assam and Uttar Pradesh, the situation is aggravated by the involvement of proxy teachers as a substitute for the appointed teacher, with the proxy teachers having poorer qualification and paid a nominal fee as compared to a regular appointed teacher.
Others studies have pointed out that despite an increase in schooling facilities, infrastructural facilities, enrolment rates and the number of teachers, the improvement in quantitative terms does not indicate an improvement in qualitative terms. The outcome of the main objective of ‘learning’ has been less than satisfactory, urging experts to look beyond
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the provision of infrastructure, in pursuit of improved learning levels. Researchers have also urged the need and urgency to shift focus from right
to education to the right to inclusive education, with a special emphasis on the need to prioritize the education of the girl child and the differentlyabled children. (Baruah, 2013)
Welfare and Social Security Measures
Another study, launched by the National Right to Education Forum comprising of over 10,000 grassroot organizations working all over the country on the issue of children’s right to education examined the progress of implementation two years after RTE came into force. The report (Gupta, 2012) highlighted the following: •
36% of sanctioned teacher posts lie vacant
•
several states do not meet the required pupil-teacher ratio of 30:1
•
monitoring bodies have been mute spectators, failing to deal with complaints reported to it. The study highlights, through information gathered under the Right to Information Act, that from 1 April 2011 to 16 March 2012, 1761 complaints had been lodged under the RTE Act with the NCPCR, and only 100 have been dealt with, indicating the malfunctioning of monitoring bodies appointed under the RTE Act.
•
There is a significant shortfall of funds required for implementation of the RTE-SSA programme, especially as the first two years called for the heaviest expenses, including hiring of additional teachers, enhancement of infrastructure and administrative changes required to move to the new rights-based regime.
•
An underlying tension in Centre-State relations with regard to overall cost-sharing.
•
Lack of availability of teachers, and their slow recruitment remains a crucial issue. The study states that, during 2010-11, two schools in five failed to reach the primary grade norm of a pupil-teacher ratio of 30:1, and almost two out of three children are enrolled in schools that do not meet this requirement. Similarly, seven out of 10 upper primary schools failed to attain the RTE teacher-pupil norm of 1:35; roughly one in two children are enrolled in schools that fail the norm.
•
Accessibility of schools within walking distance of their homes remains an area of concern, particularly in remote and hilly areas in Himachal Pradesh, Uttarakhand, Uttar Pradesh and the Northeast, large parts of tribal-dominated forest areas of Chhattisgarh, Madhya Pradesh and Orissa and the desert of Rajasthan.
•
An alarming trend has been the closure of government schools under the guise of rationalisation in several states including Karnataka, where 3000 schools were ordered to be closed, and the decision stayed due to public outcry. A closure of schools is bound to negatively impact the very poor and children living in remote areas, who would lose the right to education in the process.
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Legislation, Social Protection and Policy
Box No.6 Other Research indicates that the issue of reimbursement for admission of 25% children from disadvantaged groups and weaker sections in unaided school has also been a contentious issue. The RTE Act prescribes that the government should reimburse Rs. 10,000 per child a year till the child completes Class IV and Rs. 25,000 per child a year for the classes of V to VIII. The deadline for implementing the Act was 31 March 2013. An example of state practices is highlighted by a public interest litigation filed in the Bombay High Court for reimbursement of the amount, stating that the state government had stopped fee disbursement some years ago, leading to drop outs. The PIL was filed in 2010 by various parents whose children are studying in private aided / unaided schools, under the free studentship scheme of RTE Act. The PIL alleged that schools are not allowing the litigants’ children to attend school, since government has not released the funds to the schools. The government contended that there were IAS officers belonging to the SC/ST category, who were admitting their children to renowned private schools and claiming benefits under the scheme. While the government suggested that it would check the income tax returns of parents before granting benefits to the concerned students, the High Court directed the Maharashtra state government that funds were to be disbursed irrespective of the parents’ income. (Source: Release RTE Funds for SC/ST Students, Court Orders State’, Daily News & Analysis, 4 April 2013)
Let us read about the challenges that make implementation of the Act difficult.
3.4.4
Challenges to Effective Implementation of the RTE Act
In the following section read the major challenges deterring effective implementation of RTE Act. Scale: One of the major challenges to implementation of the RTE Act is the scale of its coverage. The rights enshrined in the Act cover close to 200 million children studying in over 1.3 million elementary schools across a range of government, government-aided and private schools. (www.nac.nic.in) Scope: The RTE Act places an obligation on central and state governments as well as union territories to deliver a wide range of services, provisions and facilities, including infrastructure, quality and classroom processes, health, sanitation and drinking water, mid-day meal, in addition to preventing discrimination and violence and facilitating mainstreaming of children from weaker sections. 376
Equity and Quality as Key Entitlements: The RTE Act includes equity and quality as key entitlements, which, in turn, require monitorable norms and measurable evaluation systems and guidelines in this regard.
Welfare and Social Security Measures
Protecting the Vulnerable Child during an Eight-Year Span: Schooling is not a one-time service delivery. Due to the fact that it covers a span in a child’s life, grievance redress has to be handled in an extremely sensitive, non-adversarial and supportive manner that nurtures partnerships between the parent, teacher, school management and the child. Due protection from reprisal for complaints filed is required, so that the child faces no adverse impact. This is extremely challenging. Resistance to Implement: One big challenge to implementation of the RTE Act is the resistance from central and state governments to implement the provisions of the Act. As Rai (2012) points out, the budget for implementation of the RTE Act throughout the country is merely half the amount spent on 2010 Commonwealth Games, hence funds is scarcely the problem. It has been pointed out that whilst the number of children in government schools remains greater, their declining popularity and the simultaneous growth of private schools is an early warning of the country’s deteriorating education system. Further, it has been opined that the Hindi-speaking states of Uttar Pradesh, Rajasthan, Madhya Pradesh and Bihar have been the most half-hearted when it comes to implementation of the RTE Act, despite the fact that 67% of out-of-school children are from these states. This observation is substantiated by the declaration of the government of Uttar Pradesh, that the financial contribution from the central government will be used to provide free and compulsory education to all children in the age group of 6 to 14, indicating that it has no indication of contributing towards the implementation of the Act. Recruitment of Teachers: In order to maintain the pupil-teacher ratio (PTR), the Central government has, by its own admission, sanctioned over 7 lakh additional teacher posts under the SSA which is harmonized with the RTE. However, according to government data (provided by District Information System in Education – DISE), 36% of the sanctioned total teacher force (Gupta, 2012). In Jharkand, for example, there are reportedly 27,000 recruited teachers as against a sanctioned strength of 67,000.(Tol. 11-3-13) There are also several thousands of vacancies for special teachers that are reportedly lying vacant. For example, in Nagpur alone, 1500 such posts are lying vacant. (ToI, 28 January, 2011) These vacancies are in special schools meant for physically/mentally challenged children under the SSA. The recruitment process is happening at a slower pace than required. The recruitment of teachers and filling up the huge vacancy in posts would reduce the pupil-teacher ratio considerably, which has been pushed up due 377
Legislation, Social Protection and Policy
to a trend towards greater enrolment. It would also reduce some of the pressure felt by existing teachers within the system, who have to teach a large number of students, as well as carry out non-teaching responsibilities such as implementing the Mid-Day Meal scheme, government programmes and elections. However, states are struggling to fill up the vacant posts. Training of Teachers and Enhancing the Quality of Education: UNICEF has observed that real work had to be done on teacher quality, classroom teaching, effective school functioning and improved school management, as well as a focus on improving the quality and way of teaching because poor outcomes are a result of poor schooling and poor teaching. (The Hindu, 13/ 4/13) The Chairperson of NCPCR Shanta Sinha had reportedly stated that a survey in 300 districts by the panel showed there were no language teachers in 37% schools, 31% had no social studies teachers and 29% had no maths and science teachers. The National Council for Teacher Education (NCTE) has laid down the minimum qualifications for a person to be eligible for appointment in elementary schools (Classes I to VIII). The Notification inter alia provides that only a person who qualifies the Teacher Eligibility Test (TET) conducted by the appropriate Government will be eligible for appointment as a teacher for classes I-VIII. The RTE Act provides for a time frame of 5 years from the time the Act came into force, for training all the teachers who do not meet the necessary qualifications (upto March 2015). The training of untrained teachers is crucial to ensure the children access not only education but quality education and meaningful learning, and to arrest drop outs of students. Teacher absenteism remains an area of concern, where the challenge is to ensure accountability of teachers, as well as ensuring a monitoring mechanism in place within each school to address the issue. Bringing Out-of-School Children Into Schools and Arresting Drop Outs: UNICEF states that eight million children have not stepped into a school in India. About 80 million are dropping out of school without completion of basic schooling, and describes the situation as a national emergency in India, calling upont the government and civil society to better implement the RTE Act (The Hindu, 13/4/13). Most children who are out of school work in fields and factories, in homes, on city streets, in mines, quarries and kilns, trafficked for sex work and forced labour or are vulnerable to trafficking. The RTE Act aims at bringing such children to school, and retaining them at school. While enrolment of children, particularly girl children, in primary and upper primary schools is an important aspect of implementation of the Act, retention of children and arresting the high drop outs of students is crucial. The UNICEF report says that a major reason for drop-outs is not child labour, as is widely believed, but that children are not learning anything in schools. Training of teachers, and
378
motivation of teachers is imperative to ensure that quality education is imparted through innovative and participatory methods that retain the
attention of the children, leading to reduced changes of drop-outs. (Shrinivasan, 2010)
Welfare and Social Security Measures
Infrastructural Facilities, Particularly for Girl Children: Studies indicate that 27% of schools do not have a single female teacher, and that 50% of schools do not have separate toilet facilities for girls. As a result, the drop out rate among girls is high, particularly among early adolescent girls who reach puberty. This has to be a priority for all states, in order to ensure that right to quality education becomes a reality for girls. Coordination among Ministries: Coordination among various agencies to implement the provisions of the Act is also a challenge. For example, the responsibility of bringing students to schools and ensuring that they are provided with quality education lies with the Ministry of Human Resource Development. However, the implementation of the Act is to be monitored by the NCPCR and SCPCR. Implementation of provisions of the Act require the inter-play between various ministries and departments, such as the Ministry of Women and Child Development (for a focus on girl children), the Ministry of Rural Development (for provision of essential services in schools such as toilet and drinking water facilities), Ministry of Tribal Affairs (with regard to SC and ST children), Ministry of Social Justice and Empowerment (for boarding schools to children from underpriveleged communities) and Ministry of Health and Family Welfare. Social Prejudices and Anti-Poor Mindset: Exclusion and discrimination in school based on grounds such as caste, class, gender, religion, disability, family occupation, region, language and a combination of these identities identities of children is a ground reality in India. Violence and abuse of children including corporal punishment has been widely reported, leading to a series of detailed guidelines by the NCPCR. A big challenge faced to the implementation of the RTE Act, is the deep-rooted social prejudices and divisions that had ensured, till now, that children of priveleged families are segregated and shielded from children of underpriveleged and disadvantaged communities. While many private schools are setting aside 25% of their seats for underpriveleged and disadvantaged children, as required by law, the challenge is to prevent segregation of the underpriveleged children, which could reduce their confidence level, and instead facilitate integration – overcoming the ‘us’ and ‘them’ divide. A change in mindset is required from all stakeholders concerned, including teachers and parents, for achieving fair, equal and value education in an egalitarian society.
3.4.5
Towards a Better Implementation of the RTE Act: The Way Forward
However, there are many courses of action that are required to be taken to ensure the proper and effective implementation of the Act. The National 379
Legislation, Social Protection and Policy
Advisory Council, through its Working Group on RTE, has issued sets of recommendations aimed at strengthening the right to education. (www.nac.nic.in) A summary of the recommendations is given below: 1)
Improve financial allocations and improve efficiency of public spending to promote learning outcomes and inclusiveness in elementary education;
2)
Establish well-defined learning outcome goals;
3)
Strengthen monitoring and evaluation systems to ensure that all schools fulfil (i) RTI input and infrastructure norms; and (ii) requirements of learning outcomes and inclusiveness;
4)
Give top priority to enlarging the pool of competent teachers;
5)
Ensure better integration of children from disadvantaged groups and economically weaker sections in private schools as prescribed by the RTE;
6)
Government of India should develop a comprehensive policy for early childhood and pre-school education;
7)
Support all schools to meet the compliance requirements under the RTE Act in a time-bound manner.
8)
Strengthen the mechanisms for monitoring and grievance redress through a four-pronged approach: (a) establish institutional grievance redress and appeal structures; (b) build community-based, institutionalized mechanisms for monitoring and grievance redress through dialogue and mediation; (c) capacity builidng, training and orientation for monitoring and grievance redress; and (d) strengthen and augment resources of NCPCR and SCPCRs.
Before, summing up, attempt the following exercise. Check Your Progress: 1) State the major gaps in implementation of the RTE Act.
380
2) What are the challenges to implementation of the RTE Act?
Welfare and Social Security Measures
3) What steps can be taken to improve implementation of the RTE Act?
3.5 LET US SUM UP Both the NREGA and RTE Act are path-breaking laws that provide welfare and social security measures. While the NREGA has transformed the right to livelihood as a legally enforceable entitlement, bringing reprieve to the poorest of the poor, the RTE Act is a most important achievement in postindependent India that has put free, quality and inclusive education within the reach of every child. The NREGA provides social security against abject poverty, starvation, malnutrition and other adverse consequences arising from an absence of work; the RTE Act provides social security for the future by equipping children with the right to education at present. While both laws have salutory provisions, much remains to be implemented at the ground level. Some of the common challenges faced in implementation of both these laws are a need to change social prejudices and mindset of all stakeholders and actors; a need for adequate financial allocation, spending
381
Legislation, Social Protection and Policy
and monitoring of spending; and a strengthening of monitoring and grievance redress mechanisms. Even though the provisions of these laws have integrated gender concerns, patriarchal attitudes and prejudices among the various actors who implement the laws adversely affects women’s and girls’ enjoyment of the right to livelihood and education in reality. Ultimately, while it was a presence of political will that facilitated these laws being enacted in the first place, political will is equally required to ensure effective implementation of the laws.
3.6
REFERENCES
Baruah, Ajupi (2013). On Rights Based Approach to Education and Certain Issues of Inclusion. fromhttp://indiagovernance.gov.in/files/inclusiveeducation. pdf. Retrieved on 5 May 2013. Chandy, Thomas (2012) Give Them Their Rights, Hindustan Times, 31 August. Chatterjee, Amita. Employment Guarantee and Women’sEmpowerment in Rural India: Assessing Institutional and Governance Need’. Retrieved on 22 March 2012 from https://editorialexpress.com/cgibin/conference/download. cgi?db_name=IAFFE2011&paper_id=120. Dey, Nikhal.(2011) Tool of Exclusion. The Frontline, Vol. 28, Issue 24, Nov 19-Dec 02. Dreze Jean and Khera Reetika (2009). The Battle for Employment Guarantee. Frontline, Vol.26, No.1, January 3-16. Giri, Rupa.(2013) Staff Shortage Takes a Toll on Quality of Education’, The Times of India, 11 March 2013. Guidelines for Eliminating Corporal Punishments in Schools, issued by the National Commission for Protection of Child Rights, available at http:// www.ncpcr.gov.in/Guidelines/Guidelines%20for%20Eliminating%20Corporal% 20Punishment%20in%20Schools.pdf, accessed on 6 May 2013. Gupta, Rashmi.(2012) Report Card on RTE Two Years After. Infochange News and Features, May 2012. Hindustan Times, 1st March 2013: NREGA Loosing Sheen? Allocation Unchanged Jha, P. and Parvati, P.(2010) Right to Education Act 2009: Critical Gaps and Challenges. Economic and Political Weekly, Vol. XLV No. 13, 27 March. Kasturi Charu Sudan. (2012) Pvt Schools Battle RTE Act’s Social Challenges, Hindustan Times, 1st September. Kaul, Vivek (2013)‘What NREGA Did: Rural Women Knocked out of Real Jobs’, First Post, 2 March. 382
Kelkar’ Govind. (2009) Gender and Productive Assets: Implications of National Rural Employment Guarantee for Women’s Agency and Productivity, Paper presented at the FAO-IFAD-ILO Workshop on Gaps, Trends and Current
Welfare and Social Security Measures
Research in Gender Dimensions of Agricultural and Rural Employment: Differentiated Pathways Out of Poverty, Rome, 31 March - 2 April 2009. Khera, Reetika. (2008), Group Measurement of NREGA Work: The Jalore Experiment, Paper presented at International Seminar on National Rural Employment Guarantee Scheme in India, September 16-17, New Delhi. Ministry of Rural Development, Government of India, Mahatma Gandhi National Rural Guarantee Act 2005: Report to the People, 2 February 2013 at p. 26, available at http://nrega.nic.in/netnrega/WriteReaddata/circulars/ Report_to_the_people_English2013.pdf, accessed on 4 May 2013. Minutes of 184th meeting of Project Approval Board, convened by the Ministry of Human Resource Development – Department of School Education and Literacy, held on 16 April 2012, available at ssa.nic.in/pab/.../ncpcr.../ PAB%20Minutes%20NCPCR%202012-13.pdf?, accessed on 5 May 2013. National Advisory Council Recommendations for Monitoring, Accountability and Grievance Redress under the RTE, 14 Feb 2013, available at http:// www.nac.nic.in/pdf/recommendations_gr.pdf, accessed on 6 May 2013. National Advisory Council Recommendations for Strengthening Right to Education,12 December 2012, available at http://nac.nic.in/pdf/ strengthening_rte.pdf, accessed on 6 May 2013. National Advisory Council, Draft Recommendation Note: ‘Towards Ending Discrimination in Schools’, 10 January 2013, available at Note on ‘Reforms in Implementation of MGNREGA’, Ministry of Rural Development, Government of India, Sep 2011, available at http:// nrega.nic.in/circular/Reforms_in_MGNREGA01092011.pdf, accessed on 21 March 2012. Narayanan, Sudha.(2008). Employment Guarantee, Women’s Work and Childcare. in Economic and Political Weekly, March 1. National Federation of Indian Women (2008). Socio-Economic Empowerment of Women under NREGA, report prepared for the Ministry of Rural Development NREGA Losing Sheen? Allocation Unchanged’, Hindustan Times, 1 March 2013. Out of School Children and Dropout A National Emergency: UNICEF’, The Hindu, 13 April 2013. Priya. (2008). National Study: Phase III. Role of Panchayati Raj Institutions in Implementation of NEREGA, New Delhi.
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Rai, Ramakant. (2012) Challenges in Implementing the RTE Act. Infochange News and Features, May 2012. Retrieved on 22 March 2012 from http://knowledge.nrega.net/822/1/ Kelkar_Final.pdf Roy, Aruna. and Dey, Nikhel (2012). Much More than a Survival Scheme, The Hindu, 31 August. Rules notified under the RTE Act, in April 2010, available at http:// mhrd.gov.in/sites/upload_files/mhrd/files/RTI1.pdf, accessed on 5 May 2013 Sandhu, Navjyoti (2008). Employment Guarantee and Women’s Empowerment in Rural India’s available at http://www.righttofoodindia.org/data/ navjyoti08_emploment_gurantee_and_women%27s_empowerment.pdf, accessed on 4 May 2013. Sarkar Chanchal Chand, (2012) Right of Children to Free and Compulsory Education Act, 2009 and its Implementation, in IDFC Foundation (2012), India Infrastructure Report 2012, India New Delhi: Routledge. Sharma, Amita. (2010) Rights-based Legal Guarantee as Development Policy. The Mahatma Gandhi National Rural Employment Guarantee Act, NREGAUNDP Discussion Paper No. 2. Shrinivasan, Mini.(2010). After the RTE Act, the Focus is on Quality of Education, Infochange News and Features. July Sudarshan, Ratna M.(2009) Examining India’s National Regional Employment Guarantee Act: Its Impact and Women’s Participation. Social Protection in Asia Working Paper Issue 05, May 2009. S.M. Vijayananda and V.N. Jithendra (2008), “Implementation of NREGAExperience in Kerala”, Paper presented at International Seminar on National Rural Employment Guarantee Scheme in India, September 16-17, New Delhi. http://www.righttofoodindia.org/data/navjyoti08_employment_guarantee_ and_women%27s_empowerment.pdf http://nac.nic.in/press_releases/rte_discrimination.pdf, accessed on 5 May 2013.
3.7 SUGGESTED READINGS Naile Kabeer (2008). Mainstreaming Gender and Social Protection in the Informal Economy, London: Commonwealth Secretariat. Renana Jhabvala and Subramanya R.K.A. (2001) The Unorganised Sector Work Security and Social Protection, New Delhi: Sage. 384