India’s fight for the right to education

Oxfam India logoStill processing my recent visit to see Oxfam India’s work – posts continue next week with the great debate on India’s middle classes.

Education is fine example of the strengths and weaknesses of judicial activism in India. The Right to Education (RTE) Act was passed in 2009, arising out of constitutional amendment in 1999 that redefined the right to life as including education (!). Private schools challenged the act, especially its requirement that they reserve 25% of places for lower castes, but the Supreme Court upheld it.

To see what all this means on the ground, I duck out of my boring conference and head for Madanpur,  a colony for slum dwellers ‘rehabilitated’ in 2000 – i.e. their previous homes were steamrollered and they were shunted to the margins of Delhi. Its current population of 145,000 earns income from construction, domestic work etc – almost entirely in the informal economy.Girls shift at the primary school, Delhi

Oxfam India’s partner, the slightly ungrammatical EFRAH (Empowerment for Rehabilitation, Academic and Health) is an RTE activist NGO working with schools to implement the Act – part support, part watchdog (‘they like us, and they are afraid of us’). There is plenty to work on, as the gap between the Act and reality is great: it mandates school management committees with equal teacher/parent representation, but there are none to be seen in Madanpur.

We visit a primary school (up to grade 5, hundreds of kids milling in a tiled playground – right) and catch the headmaster trying to beat a retreat on his motorbike. He reluctantly returns for a few minutes before heading off again, pleading a meeting. We meet the teachers in a hot staffroom with stationary fans – the electric’s been off for 12 hours. They teach 2,500 kids in two shifts – girls in the morning, boys in the afternoon; the teachers claim 80-90% attendance rates, but today it’s more like 60% (they blame the upcoming festival season).

The teachers’ big beef is not wages, but the ‘PTR’ – pupil teacher ratio. There are no classes with less than 50 kids, and many are standing room only. But they acknowledge it was worse before – at least there are more notebooks now.

An aside on service delivery v Oxfam’s ‘rights-based approach’: ‘You keep coming and asking these questions but our lives don’t improve with all these foreign visitors’, say the teachers. ‘Plan India gives us water tanks – but what do you give us?’ But EFRAH says the local government promptly diverted money elsewhere when it heard about Plan’s plan. Service provision certainly makes rights-based work more difficult. ‘Fine, you can come and talk about rights, but what are you going to give us?’

A few streets away, we meet a women’s savings group (left), arrayed in their best saris in a tiny but tidy, sweltering one room house. Their savings group, Delhimain complaint is that they don’t teach their kids anything at the school. ‘Any time you go there, the teachers are not in the classrooms, they are ‘doing paperwork’. The kids are just wandering around. We know there’s not enough teachers, but the ones there are don’t even try to teach. We have to get private classes on top’. All the women are paying for at least some private tuition – $5 per month per subject, all in ‘unrecognized’ private schools which are often no better than the public ones. The women’s big complaint is on the lack of a school management committee or any other source of accountability: ‘they never call us, never call meetings. Teachers and parents need to work together.’ Some parents are filing Right to Information cases to find out how many PTA meetings have been called and who was invited. Another recent RTI case asked how many teachers had been budgeted for, after which the school hired an extra teacher.

Next stop is a group of fifty 13-18 year old girls, in grades 7-10. When we ask what they like about school, there is a resounding silence. Instead, they have complaints – on the lack of toilets, electricity, having to sit on floor. They do like the morning shift though, because it reduces risk of ‘eve teasing’ (sexual harassment). When we ask them how much actual teaching they receive in a 5 hour shift, the average is about 2 hours.

They all want to work (doctors, teachers, police inspectors ‘so I can hit the boys when they harass the girls!’, media) and aren’t under pressure to get married, but ‘We are getting educated, but we can’t work.’ Male relatives stop them going out to work because they’re ‘afraid our character will be put into question’. They insist it’s still better to be a girl ‘we can handle households, children and outside work – but maybe we need to learn karate!’

So it all comes down (doesn’t it always?) to governance and institutions. A combination of increased spending, accountability via school management committees and improved teacher training (it’s largely privatized and ineffectual – recently only 6% of trainee teachers were able to pass a basic test) could turn things around. But that approach is under challenge by contending ‘solutions’ in the shape of privateShashi_Tharoor_WEF public partnerships and the pulling in of the private sector, whose consequences could include increased inequality and exclusion.

Meanwhile the government looks set to kick the RTE can down the road by postponing the deadline for its implementation from 2013 to 2015, underlining the point that in India, getting the law passed is just the start. Implementation is the real battle. Still, the week after my visit, Shashi Tharoor (right), who helped launch the new Indian edition of From Poverty to Power, was made education minister, so let’s hope he takes matters in hand.

November 9th, 2012 | 2 Comments

How change happens in India – via the Supreme Court and ‘judicial activism’

With the US going to the polls today, and memories of hanging chads and lawyers swarming like flies round voting stations, it seems like a good time to talk about India’s version of judicial activism, based on my recent visit

At a national level, when it comes to rights and poverty, India seems to combine a sclerotic legislature, a fitfully interested government,right to food campaign and a hyperactive judiciary, which produces a rather unique brand of politics. Social activism in India often seems to involve getting the Supreme Court to rule that the government has to do X, then mobilizing around implementation of the ruling. Whether it’s on the Right to Food (right) or the Right to Education, the Court has been involved in some of the best known progressive legislation in India.

And that culture filters down to the grassroots. Activist talk is dotted with references to PILs – public interest litigation. Women in slums told me they were bringing claims under India’s Right to Information Act to find out what their children’s schools should be providing, or to get community toilets functioning again (cutting through the bureaucratic fog – who is actually in charge of these toilets, which have been shut for the last 7 years?).

In contrast, activism towards the other arms of government – legislature and executive – seems rather neglected at national level, although at state level (at least in Uttar Pradesh, where I visited) things look more familiar, with litigation seen only as a last option when lobbying the state government or parliament has failed.

Back in Delhi, one example of judicial activism is homelessness, where the Supreme Court last year decreed that there should be one homeless shelter for every 100,000 residents. Next to Nigambodh Ghat, the main crematorium in Central Delhi, on the banks of the polluted river Yamuna, I visit a homeless shelter built on land shunned by other residents, due to the clouds of smoke from burning bodies rising from the open air pyres next door, whose flames light up the night. A hundred men of all ages are sitting cross legged on their sleeping mats, talking to charismatic activist Harsh Mander (who is also the Commissioner to the Supreme Court on the right to food) about depression and drug rehab (they all seem to be drunk or high, which makes the meeting slightly nerve wracking). Harsh then ropes me in to hand out passbooks – tomorrow, clutching their proof of address (even if it does say ‘homeless shelter’) they will all go down to the bank to open their bank accounts. In a month’s time they will get their biometric UID cards, digital gateways to rations, cash transfers and an official identity. Old India and new are constantly colliding in this way.

According to Harsh ‘the Supreme Court is the most effective arm of government on social policy. I’d been talking to government for years on homelessness without result. I wrote a letter to the Supreme Court saying people were dying in the Delhi winter, and this is the result.’

Shailaja Chandra, ex chief secretary of Delhi says “if the Supreme Court doesn’t react and pull up the government, who can? But they can only hammer the government, they can’t do anything themselves. It’s like a dog, baring its teeth. But it’s well informed and does shame ministers into action, both centrally and at state level. PIL is effective; litigants do their homework, and come up with solutions to implement.”

150px-Emblem_of_the_Supreme_Court_of_India.svgFine, but not all activists are as well connected as Harsh, and not all PILs are progressive – plenty of industry lobbyists use the tactic, leading to an overall environment that is volatile, characterized by abrupt and unpredictable changes in policy direction.

There is also the risk that ‘lazy campaigns rush to the courts’, instead of building a solid base in civil society. And litigants don’t always win – eg on the Narmada Dam campaign, where the Supreme Court jailed novelist and activist Arundhati Roy for contempt.

And judicial activism is an incredibly slow and clunky way to make policy. In his new book ‘India Grows By Night’, Gurcharan Das cites a Ministry of Finance study in the 1990s that revealed a backlog in India’s courts of 25 million cases that take up to 20 years to settle. That backlog would need 324 years to dispose of at the current disposal rate. I doubt things have got much better since then.

But until the other arms of India’s government become more responsive, judicial activism is likely to remain an important weapon in the progressive movement’s armoury.

(Also see my previous book review on judicial activism)

November 6th, 2012 | Leave a Comment

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