Children in schools in India are already not learning very much. The Annual Status of Education Report (ASER) 2008 reports that nearly 96 percent children in the 6-14 year age group are enrolled in school. However, learning levels appear to be stagnant or declining, with for instance, only 41 percent across Grades 1 to 8 being able to read simple stories in 2008 as opposed to 43.6 percent in 2005. Similarly, only 27.9 percent children across grades could do simple division sums in 2008, as compared to 30.9 percent in 2005. The provision in the Bill that stipulates that no child shall be held back in any class is likely to compound this problem. The problem of children’s learning is thus neatly transferred to the secondary stage, albeit ostensibly meeting the Constitutional requirement of providing elementary education.

Most educational experts agree that the foundation for schooling is laid in the early years, between the ages of 3-6 years. Yet this Bill only enjoins upon the government to consider making necessary arrangements for providing free pre-school education. This follows from the flawed 86th Amendment itself, which restricts the right to education to those between the ages of 6-14 years, even though India is a signatory to the UN Convention on the Rights of the Child which holds a citizen to be anyone below 18 years. There are many who believe that unless the 86th Amendment is revised to include all children up to 18 years, any legislation based on it is doomed to failure.

... contd.