Legislating Right, Contemplating Duty: Parliamentary Debate on RTE Second Amendment Bill

Abstract

The study is an attempt to understand the prevailing discourse in India on education as a right by closely reading the parliamentary debates on The Right of Children to Free and Compulsory Education (Second Amendment) Bill, 2017. Prior to the passing of the above-mentioned amendment bill The Right of Children to Free and Compulsory Education Act, 2009 had debarred schools from detaining or expelling a child till the completion of her elementary education. This provision was amended by the Indian Parliament by passing the bill. When the bill was moved in the Indian parliament it generated debate on the various aspects of education and schooling. The study critically analyses the texts of two proceedings of the parliamentary debate: one from the lower house (Lok Sabha) and the other from the upper house (Rajya Sabha). The study concludes that the deliberation on the bill turned the right-based approach on elementary education almost upside down. The 86th amendment in the Indian constitution and subsequent enactment of the Right of Children to Free and Compulsory Education Act, 2009 had recognized children in the age group of 6–14 years as ‘right holders’ while the Indian state had been identified as the ‘duty bearer’. The discourse emerged in the Indian Parliament during the debate on the Amendment Bill, 2017 constituted Indian children of school-going age, their parents and teachers as groups accountable to the state for achieving the goals for universal elementary education, while the Indian state was constituted as an entity with the right to demand compliances from children, parents and teachers.