This article has been written by Ms. Nidhisha Alajangi, a 2nd year BBA LL.B Student from SVKM Narsee Monjee Institute of Management Studies, Bengaluru.
Introduction
The tsunami that rocked the Indian subcontinent on December 26, 2004 caused death and destruction in its wake. The Andaman and Nicobar Islands (hereafter “ANI”) were among the hardest hit areas. Relief efforts began quickly, and the Indian government, along with numerous non-governmental organisations from around the country and around the world, joined in to help mitigate the damage. Despite this effort, many difficulties remain that must be addressed more thoroughly and cannot be resolved through haphazard planning or implementation. This note covers one such issue: the child’s fundamental right to an education. The rights of the child are inextricably interwoven with seemingly unrelated factors such as infrastructure, habitation, and so on, which frequently affect the lives of children. These issues will be addressed as well, but in a roundabout way, in order to acquire a clear image of the big picture. To appreciate any of the ANI’s concerns, however, a contextual understanding is required.
The islands are split into two groups: Andaman and Nicobar. Only a few islands in this huge archipelago are inhabited.The Nicobar Islands are a tribal reserve.
1. Two of the six separate tribal groups that inhabit the archipelago are of mongoloid heritage and live in the Nicobar Islands. The tribal population of four distinct groups (all of Negroid heritage) lives in restricted areas in the Andaman group, which is organised into three clusters. The combined strength of all tribal tribes is only 30,000, compared to a non-tribal society of 400,000.
2. The government has proposed various policy measures to populate the islands with “Indians” and has brought in settlers from the mainland, namely the states of Kerala, Andhra Pradesh and Tamil Nadu, during the 1960’s and 1970’s. The population in ANI today can therefore be described as cosmopolitan.
Primary Education as a Fundamental Right
Many developing country governments, like India, have removed official fees in primary education in order to achieve the aim of universal primary education. The 86th amendment to the Indian Constitution established free and compulsory education as a fundamental right for all children aged 6 to 14. Other direct and indirect costs can dissuade youngsters from attending school. The authors of this research construct the incompressible direct costs of attending primary school in India using a large national data set. After adjusting for the opportunity cost of attending school, it is discovered that the direct costs of education have a negative impact on the likelihood of children attending school, especially for children from lower-income families.According to the findings, females are more likely than boys to be impacted by the direct costs of schooling. The authors demonstrate that making elementary education entirely free will not result in 100% attendance. They estimate that the government will need to spend an additional Rs 2,900 crore per year to cover the basic or incompressible cost of attending school.
Right to Education Act, 2009
The Right to Education Act was passed on August 4, 2009, and went into force on April 1, 2010. The right to education was included as a fundamental right under Article 21(A) of the Indian Constitution as a result of this legislation. It includes both free and compulsory schooling for children aged 6 to 14. The Act also establishes educational benchmarks and requirements, such as the student-teacher ratio, which must be followed by all educational institutions. It also provides age-appropriate learning for children who are included late under the right to education provision. It establishes an anti-discrimination policy while providing education to impoverished youngsters. The statute also sets a uniform academic programme. The right to education extends to all the Indian territories including the Islands of Andaman and Nicobar.
Status of Education in Andaman and Nicobar Islands
The literacy rate of the Andaman and Nicobar Islands was 86.63% according to the 2011 Indian census, a figure that has remained consistent over time. The rate is also higher than the national average of 77.7%, indicating a favourable picture of the islands’ educational system. The constancy of this rate over time implies a positive trend in schooling. Various systems have been implemented to ensure that children receive obligatory schooling. As part of this effort, at least one primary school is built within 1 km of every town with a population of 150 or more people.
Early childhood care and education (ECCE) caters for children’s pre-primary education, which encompasses intellectual, physical, psychological, and dietary needs. The data collected from 17 states and five union territories, Sikkim and Andaman and Nicobar Islands had the highest enrolment percentage in pre-primary school in the five-year age group during the school year 2019-20, at 41.2 percent and 42.6 percent, respectively, according to the NFHS-5 Phase 1 report. Andaman and Nicobar Islands also ranked first in terms of rural enrollment in pre-primary schools. By encouraging creativity at a young age, pre-primary education provides an early platform to support physical, mental, and psychological growth.
Sarva Shiksha Abhiyaan (SSA) is a major flagship programme of the Indian government aimed at ensuring the implementation of free and compulsory education up to the elementary level. This programme has also been expanded to include the Andaman and Nicobar Islands. This initiative was implemented in 2001-02 to enrol all children aged 6-14 in schools, Education Guarantee Scheme or Alternative and Innovative Education through 2010, and it is still in effect.
Conclusion
Several measures need to be formulated to combat these problems, but these measures need to be well thought out and must be effective. Some of the problems which affect the rights of the child to education have greater ramifications which affect other aspects of their life, such as infrastructure. Proper planning of both residential areas and community areas is necessary. When these considerations are addressed it must be kept in mind that children are also stakeholders and their special requirements must be addressed. Apart from the problems relating to infrastructure, there are other problems which need a social change. The question of awareness about education and retention in schools cannot be addressed unless something is done about the attitude of the teachers and the kind of education proffered. The special nature of these islands must be an important consideration when framing any policy.
The administration’s colonial attitude, which is reflected in policy, has permeated the educational system and must be rectified. A revised education system that is more relevant to the requirements of the day is one of the most important necessities for a better future for the children of these islands. A redesigned curriculum must incorporate vocational training, with a strong emphasis on communication skills. The method of providing education must also evolve from one that emphasises rote learning to one that recognises and supports creativity and innovation. The educational system must also be modified to meet the needs of today’s students. For example, in a society like India, where only blue-collar occupations are available and any type of industrial development is difficult, economic growth becomes nearly impossible. Any prospective student who wishes to make a name for himself/herself must emigrate to the mainland. The abilities required on the islands differ from those required on the mainland, and any redesigned educational system must attempt to bridge this divide.
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