Education in India

Govt backtracks on home schooling; says not permitted under the RTE Act

In a volte face, the Govt has reversed its view (filed earlier in an affidavit in the Delhi High Court) that home schooling is permissible under the Right to Education Act.

Deccan Herald reports

The Union government took a U-turn before a division bench of the Delhi HIgh Court, saying its earlier stand that the Right to Education Act does not come in the way of home-schooling was "incorrect and contrary" to Section 10 of the Act.

The Centre had sought time to file a fresh affidavit clarifying its stand.

...

Advocate Ashok Agarwal, in the capacity of an intervener appointed by the High Court in this case, had objected to the government's and the petitioner's stand in their affidavits.

"The demand on the part of the petitioner for home-schooling or alternative forms of schooling and the stand taken by the Union Government in support of such demand through counter affidavit dated July 16, 2012 is based on completely casual and erroneous interpretation of the letter, spirit and intent of the RTE Act," he had submitted in his response.

The Delhi High Court directed the Union of India to file its counter affidavit by December 19th, 2012.

Case Details:

Delhi High Court Case no. W.P.(C) 8870/2011

SHREYA SAHAI AND ORS  Vs. UOI AND ORS
Advocate: Somnath Bharti

(APPELLATE JURISDICTION) , COURT NO. 1 ,  (DIVISION BENCH-1) 
HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

Additional Respondents:

Ashok Aggarwal
Central Board of Secondary Education 
National Institute of Open Schooling
Association of Unaided Private Schools

Jandhyala B G Tilak, has argued in the Economic & Political Weekly that the affidavit submitted in July 2012 by the Government to the Delhi High Court permitting home schooling under the Right to Education Act contradicts the letter and spirit of the Right to Education Act.

Home schooling is now permissible under the RTE Act. Govt. Clarifies the word "Compulsion"

IMPORTANT UPDATE:

On Oct 17, 2012, the Government reversed its earlier stand (referred to in the original post below) and now says home schooling is NOT permissible under the RTE Act. For more details, see new post on this. The Government will be filing a fresh affidavit on this in Delhi High Court on December 19, 2012.

--------------------- Text of my original post continues below ---------------------

The Government has clarified in the Delhi High Court that parents interested in home schooling their children or adopting alternate forms of education are now perfectly at liberty to do so. According to a report in the Indian Express (July 20, 2012),

In response to a public interest litigation, the Ministry of Human Resources Development filed an affidavit in the Delhi High Court, which stated that

"Parents who voluntarily opt for alternate forms of schooling may continue to do so. The RTE Act does not come in the way of such alternate schooling methodologies or declare such form of education as illegal."

The Ministry’s response came after the High Court directed it to respond to a petition filed by a 14-year-old girl, Shreya Sahai, who opted for home schooling but contended that Section 18 of RTE Act does not recognise any other mode of imparting education except the one through formal schooling.

“The benefits of all children aged 6-14 years and their parents who feel threatened because their right to choose a mode of education for primary education stands violated as the Act restricts the same only to a formal school,” she said.

All other modes of imparting education, except a formal school, like home schooling, alternate schools of education and the schools not subscribing to the norms and curriculum mandated in the Act stand declared illegal under sections 18 and 19 of the Act, said the petition. 

The Hindustan Times (July 20, 2012) adds,

The affidavit clarifies that the Act concerns itself with the rights of children, and is not a compulsion. “The compulsion is on the appropriate government and the local authority to provide free education to all children up to 14 years,” the affidavit said.

This statement in the affidavit provides complete clarity on the connotation of the world "compulsion" in the RTE Act. The compulsion is on the state to provide free education and not on the citizens to be educated in a conventional school.

Case Details:

Delhi High Court Case no. W.P.(C) 8870/2011

SHREYA SAHAI AND ORS  Vs. UOI AND ORS
Advocate: Somnath Bharti

(APPELLATE JURISDICTION) , COURT NO. 1 ,  (DIVISION BENCH-1)
HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

Additional Respondents:

Ashok Aggarwal
Central Board of Secondary Education
National Institute of Open Schooling
Association of Unaided Private Schools

Home Schooling in USA

The New York Times provides an overview of home schooling in the US.

at least 850,000 children nationwide are schooled at home, up from 360,000 a decade ago, according the Education Department. In New York City, which compiled citywide statistics for the first time this year, 1,800 children are being schooled at home.

Newcomers to home schooling resist easy classification as part of the religious right or freewheeling left, who dominated the movement for decades, according to those who study the practice.

They come to home schooling fed up with the shortcomings of public education and the cost of private schools. Add to that the new nationwide standards — uniform curriculum and more testing — which some educators say penalize children with special needs, whether they are gifted, learning disabled or merely eccentric.

The top three motivations for home schooling in the survey were the prospect of a better education (49 percent), religious beliefs (38 percent) and a poor learning environment in the schools (26 percent).

The numbers quoted by the New York Times are from a report titled Homeschooling in the United States: 1999, based on a study by the National Centre for Education Statistics. The report estimated that as of Spring 1999, 850,000 students were being homeschooled amounting to 1.7% of U.S. students aged 5-17. I'm surprised that the New York Times didn't bother to point out that the 850,000 number wasn't a current number, but from four years ago.