[eebill] FW: Education Bill 2004

huh? has UPA govt made draft Bill? or are states to model Bills on NDA draft Bill? Delhi govt anyway is pursuing NDA Bill in illusory compliance of court order for 25% free seats for EWS with admin order for 20% for BPL, with further drift from common school system law (Master Plan / DD Act), not Bill, is happening in another PIL to define duly defined neighbourhood school ab initio. And now this ... at-sea-in-bonhomie-of-bhagidari.
Anyone knows more about this latest law-making in Ms Dikshit's inimitable consultative style? (notice their last - cooperative Bill - blowing into scam?) I can't even make out if they are wanting to make state law or central law with Model Delhi Bill.
(i am forwarding this to two lists, so a few might have double trouble deleting it).


From: "Ashok" <[email protected]>
Subject: Education Bill 2004
Date: Thu, 5 Aug 2004 10:28:31 +0530



New Delhi (India)

05.08.2004



Dear friend,





Your are aware that the Ministry of Human Resource and Development, Government of India has prepared a draft of the legislation envisaged in Article 21A of the Constitution of India; viz. The Free and Compulsory Education for Children Bill, 2004 and has invited comments from the State Governments and the public on the same.



In order to deliberate upon the implication of the Bill on the children of Delhi, Government of Delhi held a day long consultative meeting on Saturday 31st July, 2004 at Delhi Secretariat, I.P. Estate, New Delhi which was presided over by The Chief Minister of Delhi, Smt. Sheila Dikshit. I was one of the participants in the said meeting. The Hon'ble Chief Minister had taken keen interest in the deliberations and it was decided that since the matter was complicated one, a small committee to go into the entire matter and to prepare a report would be constituted. Next meeting is likely to be held soon.



In my presentation, I submitted that lot of things have been said against the draft Bill by several eminent persons in the past. I had also written an article on the draft Bill demanding reframing of a Bill with child friendly face. A copy of the article was given to the Director of Education for circulation amongst the participants. I submitted that I would like to point out certain positive things that in my opinion are required to be considered while redrafting the Bill or preparing suggestions by the Government of Delhi.



I would like to share with you some of the following points raised by me during the consultative meeting: -



(1) The Bill should deal with the problems of Delhi, such as, (i) coordination between different agencies like local bodies and the government engaged in education (ii) Administrative Control.



(2) The States have to play the greater role and therefore, (i) Central Legislation should be a skeleton legislation as recommended by the Parliamentary Standing Committee in November 1997 (ii) The States should be left free to legislate their own laws dealing with the problems of their respective States (iii) Model State Legislation could be incorporated in the Central law which will be remain in force till States legislate their own laws.

(3) The Social Jurist Teem had prepared a skeleton Model Delhi State Legislation which was read out in the meeting. The participants appreciated the efforts of the Social Jurist Team and it was decided that the Delhi Govt. would take it into consideration while preparing the draft suggestions. A copy of the same is attached hereto in your consideration. This draft is a small effort and lot of more has to be done.



(4) During the consultative meeting, I also brought to the notice of the Chief Minister that even if a good law is legislated, it will not work unless the government officials responsible to implement the same are serious to make it reality. I pointed out several instances where admissions are denied to the children by the government schools and the complaints when brought to the notice up to the level of the Director of Education remained un-redressed. Therefore, the government machinery has to be made sensitive to the issue of education. I pointed out that the government schools harass the parents and the children in the matter of admissions in the schools.



I would like to have your reaction and suggestions in the matter. We should make our joint efforts to get a good, meaningful and workable Central Legislation. The Central Government is in hurry to bring the Legislation. Therefore, this is the time we need work to intervene both at States and the Central levels.



With regards



ASHOK AGARWAL

ADVOCATE

Mobile: 9811101923




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Attachment: Model Draft Bill for Delhi.doc
Description: MS-Word document

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