The Union Law Commission submitted the final draft of the Bill to the Ministry on November 19. If passed, it would ensure 63 million children go to school but Minister for Human Resource Development Murli Manohar Joshi decided not to table it in the winter session. Another Bill to amend the Constitution to make education a fundamental right is pending in the Rajya Sabha.

R S Pandey, Joint Secretary in the Ministry in charge of primary education, told The Indian Express he was not aware of the reasons for not tabling the Bill.

Ministry sources say the Commission report stated there did not appear to be ``any sense of urgency with regard to the Constitution (83rd Amendment) Bill. At present it lies in a state of suspended animation and one does not know if and when and in what form it will eventually be passed.''

In a preamble to the Bill, the Commission observes, ``We are fast moving towards the end of the century and Indian children cannot wait and remain ignorant. The Supreme Court has given them the right of elementary education.... This is the law of the land and must be implemented immediately.''

It says the ``compulsion on the parent/guardian should not be allowed to become an instrument of harassment and penalties should be enforced only as a last resort, the objective being to pressurising and persuading recalcitrant parents to send their children to school. The punishment may vary from state to state and could include community service such as shram daan, kar seva.'' The Commission also suggests use of ``suitable disincentives''. It says enforcement of this could be prevented by the spectre of largescale punishment and imposition of fines on defaulting parents.

The Commission report says annual expenditure in this regard is estimated to be Rs 48,950 crore. It suggests review of the national policy on education which advocated levy of an ``education cess''. It points out such a levy was upheld by the Supreme Court in the Goodricke Group Ltd case.

To ensure funds for free education are not siphoned off, the Commission wants state governments to publish necessary details in newspapers. The report says, ``It is important that people at large should know how much money has been allocated for ensuring free primary/elementary education.'' It also wants the district education authorities to publish details quarterly on funds' utilisation and urges a mechanism for dealing with complaints of misuse.

The Bill lists ``reasonable excuses'' for non-attendance such as there being no approved school within the prescribed distance, and the child suffering from a physical or mental defect.

Teachers will report to the attendance authority on defaulting children. The authority will hold inquiries and pass attendance orders. A fine not exceeding Rs 5 for each day of violation may be imposed. In case of continued violation, the fine may be raised to Rs 500.

Government schools shall not levy fees. Government-aided private schools shall impart free education to 40 per cent of students up to Class VIII. Every recognised school shall impart free education to 20 per cent of students up to Class VIII.