MINDSHARE by Syed Zulfi

Development

Research

Journal of

International

MINDSHARE

ISSN 2229-4872 Volume 2 Issue 3

2012

ISSN: 2229-4872

Mindshare Volume 2 Issue 3 2012

Managing Editor

Syed Zulfi

Published by:

Mindshare Publications Lucknow INDIA

editors

Padamshri Dr. Govind Swarup FASc, FNASc, FTWAS, FRS

Mindshare

PhD (Stanford), DSc (Hons.) (Roorkee, Varanasi) Ex. INSA Hon. Scientist & Ex. Director, NCRA/GMRT, INDIA

Volume II Issue 3 2012

Prof. Prem Misir

Prof. Iqrar A. Khan

Pro Chancellor, University of Guyana, GUYANA

Vice Chancellor, University of Agriculture Faisalabad, PAKISTAN

President

Rev. Fr. Paul Rodrigues

Prof. Padmanabhan Krishna Dr. Abdul Raouf Sitara-e-Imtiaz

Secretary General

Hon. Scientist, INSA, IAS Trustee, Krishnamurti Foundation India Visiting Prof. Cambridge University, UK

Distinguished National Professor Higher Education Commission of Pakistan University Professor and Advisor Univ. of Management and Technology, Lahore, PAKISTAN

Dr. Anil K. Bhatnagar

Dr. Srinivas K. Saidapur

Former Vice-Chancellor of Pondicherry University University of Hyderabad & CIEFL, INDIA

Vice President Indian National Science Academy Ex. Vice Chancellor, Karnataka University

Dr. R. K. Kohli

Prof C. P. Malik

Certified Senior Ecologist, ESA, USA Dean University Instructions Panjab University, Chandigarh, INDIA

Director Life Sciences, Advisor (Acedemics) Jaipur National University, Jaipur, INDIA

Syed Zulfi editor-in-chief

Prof. Tetsuji Yamada Chair & Professor, Center for Children & Childhood Studies Rutgers University, New Jersey UNITED STATES

managing editor

Syed Zulfi

editorial advisor

Dr. Dr. Dr. Dr. Dr.

Donald D'Souza M.A.A Khan Chandana Dey N. Shukla Masooma Zaidi

associate editors

Dr. Vinod Chandra

Prof. Shweta Singh

Vice Principal, Jai Narain PG College, Lucknow, INDIA

Loyola University, Chicago UNITED STATES

Dr. Azizuddin Khan

Dr Shanyu Tang

Dept. of Humanities and Social Sciences Indian Institute of Technology Bombay INDIA

London Metropolitan University London, United Kingdom

Dr. Jimmy Thomas Efird

Prof. Mamun Habib

University of North Carolina, Greensboro NC, USA

American International University DHaka, Bangladesh

MINDSHARE â&#x20AC;˘ Volume 2 Issue 3

Signature I, on behalf of Mindshare, express my admiration for young scientists who are continuously striving to overcome the innumerable challenges of scientific research and invite then to use the Journal as a forum for scientific communication and cooperation. The search for the truth must go on, and the Journal shall, as always strive to make its albeit small, but significant, contribution in charting a path for the future of research, global change and our human prospect. Managing Editor

Write to the managing editor zulfihussaini@gmail.com Write your letters or requests for the PDF format of the magazinemindshareinternational@gmail.com Original manuscripts are invited for publication. Authors can send to: mindshareinternational@gmail.com

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MINDSHARE â&#x20AC;˘ Volume 2 Issue 3

Contents

Volume 2 Issue 3 Contents Contents

Editorial Maryam Kalhor

Page No.

iii 1

Children of Divorce: Future Offenders? Assessment of the Impact of Divorce on Child Education

Mohd. Emajuddin, M. A. K. Azad, M. Afzal Hossain

Child Social Development between Muslim and Santal Families in Rural Bangladesh

Bhavna Negi

Conceptualizing the Role of School as Agency of Change in Indian Society

Neeraj Shukla, Shalini Singh, Shubangi Rajput

Changing role of HR function and the role of HR manager in multinational companies

Shradha Vasisht

Abhijeet Mishra, Anjali Srivastava

Quality in primary education: A requirement

Child Rights Protection: Justice to Juveniles

Munmun Singh

Child's right to protection

Niteesh Km. Upadhyay, Neha Shukla

Child Labor- a Violation of Right to Education of Child

Ayesha Raees, Nandita Chaudhary

Exploring the emerging conscience: A study of 6 - 8 year old children's moral reasoning in selected situations

Payel Rai Chowdhury

Right to Primary Education and Children with Disabilities

Ananya Kapoor

Quality education- Myth or reality in India?

Narendra Kishore Pandey

iqjkrRo ds vkbZus esa ykSfj;k dk uanux<+ ,oa v'kksd LrEHk%& ,d vewY; /kjksgj ISSN 2229-4872

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 1-5 RN: 2-W/12/MK/2-3 Corresponding Author: Maryam Kalhor (IRAN) email: maryak777@yahoo.com

Children of Divorce: Future Offenders? Assessment of the Impact of Divorce on Child Education

by Maryam Kalhor

Abstract

LL.B, Islamic Azad University, IRAN LL.M, Andhra University, Dr. B.R. Ambedkar College of Law, Visakhapatnam, INDIA

ivorce is a process of change which mainly affects a number of areas of family functioning. Studies show presence of definite relationship between divorce and personality of children of divorce. This relationship ignites theories that focus on the importance of a healthy family structure for the development of the child including education and future success. The effects of divorce on children may vary based on the level of education children are in while their parents separate/ divorce; the age of the child at the time of divorce; the child's gender and personality; the degree of conflict between the parents and the support provided by friends and family/relative. Effects of divorce on the child may also be classified as long termpersisting throughout the life of the child or short term- staying temporarily with the child. However not so much, divorce may

relieve children from few inconveniences. By divorce, children will not be exposed to hostility of their parents; removed from the tug of war among their parents; they will spend quality time with each parent. Still this does not guarantee child education. But children suffer the most up on divorce by losing their education, the basis for their future. The impact of divorce on the child affects not only the child and his/her education but the society and nations at large. Hence, policies, laws and institutions must work towards preventing divorce through healing the causes of divorce and if the inevitable comes protecting children of divorce. Schools have the greatest role to play to mould children and protect children of divorce. If children are left without due care from the family, society and government; they end up in being burdens and offenders.

KEYWORDS Children of divorce, Education, Delinquency, Divorce.

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Introduction While marriage would affect probably only the parties to it divorce affects many. Group of persons most affected by divorce are children. As everybody is aware of intuitively children are brought to this world without their consent and choice. Their parents are the closest persons on earth to take care of them either for their cognitive and education, the basis for their future life or their physical integrity. Think of a child dependent on parent for his/her current and future personality betrays him/her. Obviously this child suffers a lot not only for the existing time but also for his/her future life as well. In this scenario who is to take care of these victims? The society and the government are responsible to take care of these victims. This work will discuss causes of divorce, the impact of divorce on children and assess the current trends in laws and practices in regulating the protection of children of divorce. Attention is given to the impact and way outs, of divorce on the educational life of the child. Who is a child? D i f fe r e n t f a m i l i e s a n d societies have their own way of defining the term child. There is no disagreement on when childhood starts. But there are various

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conceptions as to when it ends and defining it. In some societies there are some visible biological signs that need to be observed for the exit of childhood. Sociologists and psychologists have their own way of defining the term. They take various issues to identify a child from the next tier of human development. However, lawyers do base their definition only to o n e f a c t o r, t h e a g e . T h e Convention on the Right of the Child (CRC), 1989 a legally binding international instrument defines it as “for the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”This definition takes the age alone and nothing else. This makes it fail to accommodate many issues to take in defining a child. The other feature of the Convention is observer within the second proviso reading as “…unless under the law applicable to the child, majority is attained earlier.”Thisgives Signatory States to lower down the age of exit of childhood which would in turn exit protection accorded to children of particular jurisdiction. Therefore the term is defined to mean as defined by CRC. Causes of Divorce There are many grounds for

Kalhor, M

divorce however they would vary from religion to religion, culture to culture and jurisdiction to jurisdiction. Adultery, desertion, cruelty, impotency and chronic disease, economic etc are taken as the causes of divorce in India for example. Divorce has also economic consequences which directly affect children of divorce. Men remain relatively unaffected while women, especially those with children, have difficulty "providing food, clothing and shelter for themselves and their children." Divorce has also social impact on both the divorcee and children as well. While India feels that one should have the right to divorce, it is still a highly stigmatizing action. There continue to be segments of Indian society that feel divorce is never an option, regardless of how abusive or adulterous the husband may be which adds to the greater disapproval for women.The causes of divorce are indirectly affecting the lives of children, determining the future of the child. A single cause of divorce does not only affect the parties to the divorce but the helpless child, fruit of the marriage, to be dissolved. Probably, ideally children need to have a say on it. The Effect of Divorce on Children Most divorcing parents are very concerned about their

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children's reactions to their separation and divorce. There are a number of important factors that influence the effect of divorce on a child. It depends on age, the child's gender and personality, the amount of conflict between parents and the support provided by friends and family. Studies show little is known about the effect of divorce on children younger than two or three years of age. Young children do not always suffer if a divorce occurs as they may not understand conflict. The same writer argues children from three to five years of age frequently believe they have caused their parents' divorce. For example,they might think that if they had eaten their dinner or done their chores when told to do so, Daddy wouldn'thave gone away. When the age increase the cognitive capacity of children also increases and it has a direct correlation with the impact that leaves on the child. Younger children are less able to make sense of all the changes that are occurring than preadolescence or adolescence children. Boys are more at risk than girls, primarily because mothers are awarded custody more often that fathers. It is difficult because the same-gender parent, the father, is no longer living in the home.It is meant the absence of the male role-model makes it

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more difficult for boys to adjust to divorce. Generally; anger, sadness, depression, opposition, impulsivity, aggression, noncompliance, perceived parental loss interpersonal conflict, economic hardship, life stress, less p a re n t a l s u p e r v i s i o n , l e s s consistent discipline, more n e ga t i v e s a n c t i o n s , l o w e r academic achievement, acting out l owe r, s e l f - co n c e pt , s o c i a l adjustment difficulty, increased dependency are agreed by researchers to be the short term impacts of divorce on children. The Effects of Divorce on the Child's Social Development includes: failure to trust someone even their spouses;may end up in divorce; difficulty of establishing peer friendship even with opposite sex; may face difficulty in managing their aggression; the academic performances of children who came from divorced parents are most likely to fail; they will suddenly become aggressive in school which can lead to suspension or worse, expulsion. The overall attitude of the children will be affected, which can lead to children to have a passive outlook in life. Hence, due to poor academic performances, they may be asked to take another year to complete a certain level at school. This can be a waste of time and money for both parents and

Kalhor, M

children. In fact there is some good news coming out these days that divorce would bring favorable s i t u at i o n s fo r c h i l d re n b y dismissing bad conditions children were in. Divorce may be taken as a positive measure for children who were in difficult situations, like a hostile, nagging, tug of war among their parents, because it helps such children expose to less hostility, assist them spend quality time with each parent, removed fromthe tug of war among their parents and may be they being involved. International Legal Framework on the Protection of Children of Divorce The international community has adopted one of the most ratified instruments of the UN, Child Right Convention in 1989. This instrument has, inter alia, specific provisions addressing children of divorce, education and child delinquency. For example, Article 9 (1) of the Convention provides for development of the child with his parents is i r re p l a c e a b l e . T h e s e c o n d paragraph of the Convention also provides for the promotion of visit of the child for his parents even up on compulsory separation of parents, one of which could be caused by divorce of his her parents. Article 20 imposes States

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Pa r t i e s to p rov i d e s p e c i a l assistance to them one or two child who is separated from one o two of his parents, to enable h i m / h e r fe e l t h e p a re nta l environment. Article 28 is a double standard in that it not only imposes on States is Parties to work for the protection of the child but to care for his/her education. While it is natural that States Parties are bound to work for the education of the child in general they are for stronger reason bound to take due care for children of divorced parents. Almost all states in the world have ratified these instruments and therefore are bound to observe the provisions. Today all states in the world have one way or another, included relevant provisions in the laws of their lands. The problem lies in compromising the laws in paper with the practice. Institutional set up for the implementation of the international instruments and national laws are lacking. Children of Divorce and Delinquency Researchers have continually asserted that, after controlling for socio-economic and other factors, children of divorced parents are considerably more likely to be plagued with lower self-esteem and higher delinquency rates than their counterparts from completely intact families. Same

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source indicated that, on average, children from divorced families suffer more behavioral problems and have lower self-esteem than children from a traditional intact family. Similarly, Kelly and Emery (2003) provided six theories on stressors leading to increased delinquent behavior among adolescent children of divorce. These six theories were identified as: (a) stress of the initial separation, (b) parental conflict, (c)diminished parenting after divorce or incompetent parenting, (d) loss of important relationships, (e) economic opportunities, and (f) remarriage and r e p a r t n e r i n g .T h e g e n e r a l consensus among social scientists has been that children of divorce have a more difficult time adjusting during adolescence than children from an intact family. The unintended effect is the perceived or actual loss of affection, guidance, and relevant quality time from the separated parent. The great majority of children reside with the mother following a divorce and this often leads to a decrease in the family's standard of living. The above realities and theories show families,, societies, and governments to take due care for the protection of children of divorce, which otherwise would inherently keep children of divorce delinquents. However it is possible for families, society and

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governments to work towards preventing children to the wrong life road and lead to successful life. Conclusion While children generally require special protection for their development as they are physically and mentally are unprepared to cope up the new world to them, children of divorce demand more for the additional situation they are in. Families, society and governments are responsible for the protection of this vulnerable group. Divorce has economic, social and mental repercussions on the child. However both the international and national legal frameworks are not bad providing for the protection of children of divorce, problem lies on the implementation of laws in place. Families, society and governments have definitely the greatest role to play for the protection and promotion of the rights of children of divorce. Governments parties to various international instruments need to observe their commitments towards this goal. Families and societies have the solution within them.

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REFERENCES Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49. http://www2.ohchr.org/english/law/pdf/crc.p df retrieved on June 26, 2012. DeBord, Karen: North Carolina Cooperative Extension Service, http://www.ces.ncsu.edu/depts/fcs/pdfs/fcs4 71.pdf Accessed on 20, 2012 Focus on kids: The effects of divorce on children. North Carolina Cooperative Extension Service. Hughes, R., & Scherer, J. Parenting on your own. University of Illinois at Urbana-Champaign Cooperative Extension. DeBord, K. (1997). Accessed on June 5, 2012 Foulkes-Jamison, Lesley ( Ph.D.), the effects of divorce on Children, Clinical Psychology Associates of North Central Florida Gainesville a n d O c a l a , F L , 2 0 0 1 : http://www.divorceforguys.com/ Accessed on June 24, 2012. Kelly, J. B. (1993). Developingand implementing post-divorce parenting plans: Does the forum make a difference? (pp. 136-155). Newberry Park, CA. Myers, Brandon H.: Divorced Families and Their Children: Discovering What Leads to Delinquency, Olivet Nazarene University, USA, 2011.

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Pickhardt, Carl E. Ph.D, The Impact of Divorce on Young Children and Adolescents: Young children and adolescents can respond differently to divorce, December 19, 2011. Accessed on 20, 2012 Richards, Naomi: The Positive Effects of Divorce on Children, 2010. http://www.wikivorce.com/divorce/WikizineParenting/Shared-Parenting/The-PositiveEffects-of-Divorce-on-Children.html. Accessed on June 24, 2012. Saposnek, Donald T.:How Are The Children Of Divorce Doing? 2002. http://www.mediate.com/articles/winteredito rial.cfm. Accessed on 24, 2012 Schaefer, Tali: Saving children or blaming parents? Lessons from mandated parenting classes, 19 Colum. J. Gender & L. 491 2010. Accessed on June 24, 2012. Sombke, Darren: Helping Children of Divorce: A Handbook for Parents and Teachers http://www.cedu.niu.edu/~shumow/itt/Divor ce.pdf, Accessed on 10, 2012. Steele, Fiona etal: Consequences of Family Disruption on Children's Educational Outcomes in Norway, http://www.eui.eu/Personal/Dronkers/Divorce /Divorceconference2007/Steele_SigleKravdal.PDF. Accessed on 20, 2012

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 6-11 RN: 2-W/12/ME/2-3 Corresponding Author: Mohd. Emajuddin (BANGLADESH) email: emajmd@yahoo.com

Child social development between muslim and santal families in rural Bangladesh by Md. Emaj Uddin, Md. Abul Kalam Azad, Md. Afzal Hossain

Abstract

Department of Social Work, University of Rajshahi, BANGLADESH Department of Social Work, Dhaka Women College, Uttara, Dhaka1230, BANGLADESH The Institute of Education and Research, University of Rajshahi, Rajshahi-6205, BANGLADESH

his paper explores and compares child social development between Muslim and Santal communities in rural Bangladesh. In so doing we purposefully selected samples from Muslim and Santal families from Kalna, Tanore, Rajshahi, Bangladesh. The results of

percentages suggested that there were wide cultural variations in child social development in the study area of Bangladesh. It also describes implications for further cross-cultural research for proper child social development and adjustment.

KEYWORDS Culture, Parent-Sibling Relationship, Child Social Development, Muslim, Santal, Bangladesh

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Introduction Child development in parent-sibling relationship is the fundamental unit of human reproduction, development and adjustment across the world societies. Parent-sibling relationship indicates the dyadic or triadic relationships among the parents and siblings defined by the statuses and roles of "mother" and "father" in relation to those of "daughter" and "son" to meet their reciprocal human needs (Dyer, 1983). On the other hand, child social development refers to the process of acquiring social skills with which a child can properly relate to and deal with social relationship within and outside the family (Craig & Kermis, 1995). Actually, parent-sibling relationship is the vertical relationship that exists in every culture or subculture around the world. It is more or less universal in the sense that sex and child birth outside the marital life is not recognized in most cultures. The human child is born in marital relationship needs care and rear for his or her prolonged dependency. Social and behavioral scientists argue that the social, emotional, material and protectional supports the parents provides for their child development, other relationships cannot (Johnson, 1976; Yorburg, 1993). Cross-cultural studies on human development and child

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rearing practices suggest that every parent is the model of children bio-cultural make-up. That means the cultural values, beliefs, attitudes, language, sentiment, and norms the parents bear and the socio-economic status they live in transmit into their children. The literature reviewed suggests that every human baby, either male or female, is born with dependency need and up the certain age s/he remains physically dependent on his or her parents. Immediately, s/he grows in different ways based on cultural patterns. One culture prefers both sexes will be competitive, independent, and autonomous, but another culture designs male child will be i n d e p e n d e nt , a u to n o m o u s , competitive and aggressive and female one will be co-operative, dependent and emotionally responsible (Berry, Poortinga, Segall & Dasen, 1992; Chasdi ed., 1994; Stigler, Shweder & Herdt, 1990). However, first of all the present study explores and compares children social development (e. g. dependency, i n d e p e n d e n c e , a u t o n o m y, aggression, and conflict in context of parent-sibling relationship between Muslim and Santal communities in rural Bangladesh. Secondly, the paper describes implications further cross-cultural research on which policy makers, social workers, educationists, social development workers and

Emajuddin M, Azad M. A. K, Hossain M. A.

even conscious parents can work for proper child development and adjustment in Bangladesh. Data and Method This study explored and compared child social development between Muslim and Santal communities in rural Bangladesh. In so doing the village Kalna, situated in the Talonda union of Tanore Upazila of Rajshahi district, was purposefully selected where two distinct cultural communities: Muslim and Santal were living side by side as neighbors in the same geographical setting. In this village there were about 380 families. Among the families 300 families were Muslim's and the rest of them were Santal's. For our research, two separate sampling units were developed: one for Muslim and another for Santal (Uddin, 2010). In order to explore and compare child social development, including dependency, independence, autonomy, aggression and conflict we purposefully selected different numbers of samples available between the communities. For example, for child dependency we selected and interviewed 23 mothers from the Muslim and 14 mothers from the Santal whose children were at infancy level. But for child independence child independence in parent-child relationship we selected interviewed 33 mothers from the

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Muslim and 15 Santal mothers whose children were at the age of 6 - 12 years. For autonomy we interviewed 29 Muslim parents and 16 Santal ones whose children were at age of 13-15. Lastly, for aggression and conflict we interviewed 17 Muslim parents and 16 Santal ones whose children were fully adolescent. In so doing we used semi-structural questionnaire, including open ended questions. The data collected were transformed into percentages, because our study purpose was explorative and method of sampling was nonprobability. Results and Discussion The goal of parents is to socialize, develop and mature enough to their children properly. In so doing both mother and father are involved in child rearing and caring practices to meet their child needs, depending on their cultural belief system and socio-economic situations in which they live. In order to measure child social development in parent-child relationship we included child dependency, independence and autonomy and other human developmental needs such as aggression and conflict. The major findings on the child social development characteristics between the Muslim and Santal families are given below: Dependency Child dependency refers to the

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reliance on parents or other for assistance, nurturing, comfort, existence or level of functioning. In order to fulfill child dependency needs a bond between mother and a newborn baby develops at an early period. At this period mother and child contact comes closely related to each other. To measure this bond we interviewed 23 Muslim mothers and 14 Santal mothers whose children were at infancy level and asked them how many times in a day and how many years they breastfed their children? About 8.70 percent of the Muslim and 71.43 percent of the Santal mothers informed us that they breastfed their children 2 or 4 times a day. 34.78 percent of the Muslim and 28.57 percent of the Santal mothers did it 5-6 times and only 56.52 percent of the Muslim mother did 7 and more times a day. How many years long the mothers fed their children was another question. About 29.17 percent mothers of the Muslim and 84.62 percent of the Santal sample informed us that they breastfed them 1 - 2 years long and 70.83 percent of the Muslim and only 15.38 percent of the Santal did so 3 or more years. Independence Child independence refers to the self- reliance of individual members of the family. In order to measure child independence in parent-child relationship we interviewed 33 mothers from the Muslim and 15 Santal mothers,

Emajuddin M, Azad M. A. K, Hossain M. A.

whose children were at the age of 6 - 12 years. About 37.50 percent of the Muslim and 71.43 percent of the Santal said that their children were self-sufficient in eating, urination, extinction, bathing, playing and other activities, but 62.50 percent of the Muslim and 28.57 percent of the Santal informed us that their children did not do these activities themselves. Which sex of the children was more independent than the other? They opined that male sex was more independent (78.79 for Muslim and 73.33 for Santal) than the female one (21.21 for Muslim and 26.67 for Santal). However, children of the Santal at the age of 6-12 were more independent than the Muslim and male children of the Muslim were more independent than the female children in both the samples. In a cross-cultural study Berry (1979) examined conformity in the seventeen subsistence-level samples that were distributed widely on the independence task and that their scores were related to their position on the ecocultural dimension. The result of the Pearson correlation between the sample means on the independence task and their scores on the eco-cultural index was .70. And the correlation of coefficient across the individuals was .51. Autonomy Child autonomy refers to the ability to be self-governing,

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control, realization and freedom from the family members. When children are preadolescent or adolescent, they develop their self-identity. This self-identity orients them self- governing and at this age they attach themselves with outside the family with the same sex or opposite sex. However, in this period of the children, parent-child relationship is modified and for this reason parental tension and anxiety etc. grow. We interviewed 29 Muslim parents and 16 Santal ones whose children were at this age. Our respondents opined that male children were more autonomous t h a n t h e fe m a l e c h i l d re n . Osterwell and Nagano (1991) examined autonomy crossculturally between 60 Japanese and 60 Israeli mothers of kindergarten children. The results indicated that Japanese mothers v a l u e d l e s s a u t o n o m y, independence that Israeli mothers did. Aggression and Conflict Conflict refers to the situation of goal incompatibility between two or more persons in the family where one party directly or indirectly eliminates or weakens the opposition. At the adolescent and latter period children acquire emotional and cognitive capacities that help them to discover, examine and touch outside the family things. In this period of the children if

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parents restrict and/or give them more freedom they (children) go into the rules of culture and both impact negative effects on the children. That is more restriction creates anxiety, depression, stress and even aggression and the more freedom develops destructive behavior within the children. That is the precondition of development of aggression among children and parent-child conflict is inevitable. In order to measure the situation between parent-child relationships we interviewed 17 Muslim parents and 16 Santal ones whose children were adolescent. About 82 percent Muslim parents and 87 percent of the Santal informed us that their male children were more aggressive the female children (17% for Muslim and 12% for Santal). The children were more aggressive were involved in conflict with their parents. 41.18 percent parents of the Muslim and 86.67 percent parents of the Santal opined that their children almost collided with them. On the other hand, conflict and exchange theorists argue that in the traditional societies the ways family roles are distributed and specialized between father and mother create women dependency, especially women economic dependency on men. According to them the families are poverty stricken both husband and wife are involved in economic activities. In this dual earner family

Emajuddin M, Azad M. A. K, Hossain M. A.

a mother plays an earning, child socializing and household chores' roles. These multiple roles create strain, stress and pressure in mother. According to them if the outcomes of aggregate roles are not equally distributed creates conflict between husband and wife (Coser, 1966; Turner, 1999). The conflict between husband and wife not only raises unrest, insecurity within husband and wife bond and break down social order in the family but also transfers it into the children who may be disobedient, aggressive and deviant if human needs and expectations of the growing up children are not met. Other crosscultural studies consistently indicate that some societies and subcultures are more violent and aggressive than others. For example peoples in Arapash of New Guinea, the Lepchas of Sikkim, and the Pigmies of Central Africa all use weapons to hunt but rarely show any kind of interpersonal aggression. In marked contrast to these groups is the Gebusi of New Guinea, who teach their children to combative and emotionally unresponsive to the needs of others and who show a murder rate that is more than 50 times higher than that of any industrialized nation. Subcultures also influence on aggression and antisocial conduct, for example, parents from lower-income families are more likely than middle-class parents to rely on

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physical punishment to discipline aggression and non compliance, thereby modeling aggression even as they try to suppress it (Shaffer, 1999). Conclusion and Implications The aim of this study was to explore and compare child social dependency in parentsibling relationship context between Muslim and Santal communities in rural Bangladesh. The relationships the parents and siblings involve in the family life have both positive and negative sides: the former creates and develops self-esteem, satisfactions, regard, security, sense of integrity and capacity of proper human development and adjustment, and the later d e v e l o p s a n x i e t y, s t r e s s , embarrassment, insecurity,

aggression and even conflict between the parent-sibling relationships. In so doing we purposefully selected several samples of parents from both the communities and semi-structural with open-ended questions, including interviewed technique was applied for data collection. The findings based on percentages count suggest that child dependency in the Muslim community was higher than in the Santal one, but child independence in the Santal community was earlier than in the Muslim one. In addition, male children in both the communities were autonomous, aggressive and conflict oriented than the female ones. It is interesting to note that Santal male child children were b e h av i n g a g g re s s i ve l y a n d conflict-oriented, because of their

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backward culture, low socioeconomic status in which the Santal parents could not meet their children needs felt. However, which type of social skills (social development) children acquire mainly depends on the relationships between parent and sibling. In addition, it also depends on cultural and socio-economic situations in which they live and how they behave to each other, how much extent their interpersonal needs fulfill, how they deal with their aggression and conflict. Therefore, further cross-cultural research should be conducted on child social development in relation to parental cultural, socio-economic status and environmental situations in Bangladesh.

REFERENCES

Berry, Jown W. (1979). Research in multicultural societies: implications of cross-cultural methods. Journal of CrossCultural Psychology, 10(4): 415-434. Berry, John W., Poortinga, Ype H., Segall, Marshall H. and Dasen, Pierre R. (1992). Cross-cultural psychology: Research and applications. Cambridge University Press. Craig, G. J. & Kermis, M. (1995). Children today. Englewood Cliffs, New Jersey: Prentice Hall Inc.

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Coser, L. (1966). The functions of social conflict. nd New York: The Free Press, 2 Printing. Chasdi, Eleanor H. (ed.) (1994). Culture and h u m a n d ev e l o p m e nt , C a m b r i d ge University Press. Dyer, E. D. (1983). Courtship, marriage, and family: American style. Homehood, Illinois: The Dorsey Press, PP.21-22. Johnson, Colleen L. (1976). The family as source of security, in Dennis Krebs (ed.): Readings in social psychology:

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Contemporary perspectives (pp-32-42). New York: Harper and Row. Osterwell, Z. & Nagano, Keiko N. (1991). Maternal views on autonomy: Japan and I s ra e l . J o u r n a l o f C r o s s - C u l t u r a l Psychology, 22(3): 362-375. Shaffer, David R. (1999). Developmental psychology: Childhood and adolescence. Pacific Grove: Brooks/Cole Publishing Company.

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Emajuddin M, Azad M. A. K, Hossain M. A.

Turner, Jonathan H. (1999). The structure of sociological theory. Jaipur: Rawat Publications, reprinted. Uddin, M. E. (2010). Family structure: a crosscultural comparison between Muslim and Santal communities in rural Bangladesh. Saarbruchen: Lambert Academic Publishing. Yorburg, B. (1993). Family relationships. New York: St. Mortin's Press.

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3, pp 12-17 RN: 2-W/12/BN/2-3 Corresponding Author: Bhavna Negi email: n_bhavna2004@yahoo.co.in

Conceptualizing the Role of School as Agency of Change in Indian Society by Bhavna Negi

Abstract

Dept. of Human Development & Childhood Studies, University of Delhi, INDIA

n most developed societies, the understanding about rights and education run simultaneously. Many studies in the field highlight the importance of education in co-creating a right appreciative and sensitive society. Perhaps the importance to rights is the central thought for monitoring any society against social pollutants that exists in the form of hierarchies, abuse and crime around us. Parents send their children to schools with a faith that the school could achieve some new horizons of development for child which is beyond the family. Perhaps it is this faith in the school as an agency which gives it a strong position in the society. But are the schools serving as agencies of change for our society needs to be questioned.

KEYWORDS Education, Rural, Inclusion, Rights, Children

One of the central issue one arrives at highlights the role for agency and agents of education as a guiding tool to achieve equality and non discriminate approach to ensure 3 Ps of child rights (Convention on Rights of Child,1999). We need to examine whether the school stands as a tall pillar in our society as an agency perpetuating and ensuring rights based spaces for children? Since one central idea of this debate being role of school in generating inclusion and participation of children across different social strata enhancing equal opportunities towards learning. Has the school been creating such sense of opportunities for Indian children? The recent addition of RTE serves as an important milestone in this

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direction. But at the same time one cannot overlook at the hurdles of this benign provision to become a reality. This paper dwells on the projects undertaken on alternative schools and centres by the researcher*. The paper attempts to analyze the present state of schools in the Indian society. It focuses on state's initiatives for underprivileged and juxtaposes them against child rights. It tries to draw linkages' which could make school setup as right based agency. It further contemplates the role of school in contemporary Indian society to ensure child rights. Introduction The nations' development is amalgamated with social and economic planning. The tenets of these strategies are based on principles of equity, participation and non discrimination. The understanding about an individual's participation on the principles of equity, participation and non discrimination are embedded in defining Rights. Often the importance and purpose of implementing rights is dually beneficial for individual and society. Children and protective childhood is a state priority. This led many countries to abide the charter on child rights. Children as a category hold the future investment of a nation. This is one of the reasons to behold child rights as a distinct ordinate. The

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Convention on Rights of Child (CRC) is one of the guiding norms to define and understand safe, p ro tect ive a n d p a rt icip a nt childhood years. It ensures legal and social status to children. The principles laid for children include right to non-discrimination, the right to life and development and the primary consideration of the child's best interests. Further, the convention proposes children as a distinct subjects of rights who are capable of forming their views and can express views freely in concerns affecting them (CRC,2009). The central theme of the paper tries to link child rights and education in this context. The paper suggests school as a state intervention to ensure education as a child right. The paper examines the three Ps viz. provision, participation and protection of child rights with reference to the schools in rural India. Therefore school as an agency of children with reference to rights can be juxtaposed against availability of legal intervention for schooling, actual access to school including physical and social access, quality parameters facilitative towards best interest of child. Method An interpretative paradigm with critical analysis is used. The paper looks into census data and national reports and survey in addition to Global monitoring

Negi, B.

reports on EFA as secondary sources. It also draws insights from a study titled Evaluation of Alternative & EGS schooling in six states of India, wherein the author* was involved and contributed to the study as primary source of data. School as Provision In India, the central understanding about ensuring rights for every child is combined with RTE for children in age group of 6-14 years in 2009. RTE could also be looked into as a state effort to provide safe, protective and participative childhoods during these specific years through education. One aspect of this could be linked with economic benefits that education and literacy gives to a society. Studies show that cognitive and mathematical skills learnt during childhood years give better wages as workers later in life. These research evidences are supportive of the role of education in enhancing economic productivity of a person and its benefits for the society (Hanushek and Zhang, 2006). Nevertheless education as an effective domain assumes to include the schooling experience and nature of learning for the child. Is this experience inclusive and participative for all children? Is availability of learning situation egalitarian for every child irrespective of gender, family background and caste? In order to

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seek answer one needs to delve into the understanding of school as agency and its influence on children and Indian society. Families look upon school as concrete place to bring positive changes in children and their lives. The school is one central agency to demand and assert right based space for children. Naik (1961) debates the role of schools in development of nation. He puts forward the school as an agency to produce changes in society as decided and planned by nation. This particular document sets up a creative debate about the state's responsibility in construing nature of education in a democratic nation. Hence the understandings about education in creating socially inclusive places are mediated through schools in a society. EFA Global Monitoring Report (2005) lays significant emphasis on schools not only as 'special places' imparting education and giving skills but influencing lifetime incomes hence empowering the individual. CRC emphasize literacy as a crucial skill entitled to children which could be effective factor in bringing empowerment through literacy in societies. Nonetheless the emphasis on the economic aspects of schooling does not undermine its social role that is being examined in this paper. Findings from several studies reveal education and schooling

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being viewed by poor as only effective tool of upward social mobility. Most poor families are supportive of providing quality learning to their children. A study conducted by Srivastava (2008) highlight that even poor or low income households choose profit low fee private schools than a free of cost state intervention. The hierarchy and perceived notion about substandard quality of schooling becomes evident here. The school as a state's stake can only function as a strong agency if it could successfully grapple with questions of quality and accountability. School Participation: Access and denial This section examines the existence of schools in rural India with reference to macroscopic trends and participation of children in schools. Schools present a multifaceted reality to rural Indian children. The Census in the year 2011 estimates rural population to be 83.3 crores which represents 68.8% of total Indian population. The literacy figures also stand tall with a percentage of 68.9 with rural-urban literacy gap lessen to 16.1 percentage points. The education survey also substantiates the literacy figures by reporting of total 6,51,064 primary schools, of which 87.98% (5,72,814 primary schools), 79.06% upper primary schools and

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70.06% secondary schools present in the rural areas (7th Educational Survey, NCERT). The Millennium Development India Country Report (2011) states the country's progress on universalization of primary education to be “on track” on concerning parameters to achieve UEE by 2015. The DISE* statistics on NER* is estimated to be 98.6% and 98.3% for girls and boys in age of 6-10 years. The ASER* report(2011) reveals 3.3% rural children in the age group of 614 years to be still out of school especially the girl child in age group of 11-14 years having more difficulty to be part of schools. Another finding from the report highlights rise in private schools in rural habitations to be 25%. As many as 30 to 60 percent rural children from Haryana, Uttar Pradesh, Nagaland, Meghalaya, Punjab, Jammu & Kashmir, Rajasthan, Uttarakhand, Maharashtra and Andhra Pradesh, Kerala and Manipur being enrolled in these schools. The rise of private schools over the government schools raise several issues on the role taken up by the state in education as a basic right to Indian children. Why the private stake over schools has attracted rural children and parents over government initiated schools? The impact of rampant privatization of the developing nation like India still require an overall consideration on several parameters of development. The

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apprehension associated with growth of the private schools in rural habitations is that these agencies may not answer about equity and participation concerns for children and cannot be held accountable for educational returns for the “major” Indian s o c i e t y. A ga i n s t u d i e s o n privatization of education at primary level pin point to gaps in state's social policy and planning and its hold on developmental area like education. As stated in the EFA Global Monitoring Report (2009), “Debate over the role of public-private partnerships can divert attention from pressing concerns. Unplanned growth in private schooling for the poor in some parts of the world is symptomatic of an underlying malaise: underperformance or o u t right fa ilu re, o f p u b lic providers.” (Ch. 3, pp 164) Although the schools especially primary schools are available for rural children but education as basic right still has to become reality for them. The operational private schools serving as small businesses need regulation and alignment vis-a-vis national vision about inclusive schooling and development. These hidden denials in the context of overall access to schooling in rural sections must be scrutinized against education as a fundamental child right. Schools as a Social Reality

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Several studies have emphasized that children living in the remotest village have zeal to attend school and learn (PROBE, Dreze & Kingdon, 1999, ASER 2011). Even the government initiative like DPEP* which is extended as SSA* and other forms of EGS* and Alternative schools (AS) attempt to reach the unreached children in remote habitations. But can these schools cut across the hierarchical weave of a village to facilitate inclusive learning as a challenge? In an indepth study on Evaluation of AS* ( 2 0 0 4 ) u n d e r ta ke n by t h e researcher in Rajasthan revealed some of these anomalies that exist in availability of schooling experience for the rural children. The first generation learners especially the girl child from Sanssi caste group who had traditional role of sex workers were found to be restricted to walk down to an alternative school centre within access despite her mother's several attempts to school the daughter. The Village Education Committee (VEC) and School Management Committee (SMC) set up as decentralized structures in the programme have not played any significant role to answer this social obstacle. Although the alternative schools under DPEP were not the chosen schools of dominant caste group yet the participation of the girl child from scheduled caste group does not

Negi, B.

find access to schools. This makes the position of rural learner especially girl child at double disadvantage. The findings from the study also reveal the school support structures like VEC, SMC hardly served as forums to resolve issues related to education. The school as agency comes across the inconsistencies and gaps in children participation in schools. It seems to abstain from answering the issue of equity in education as a human right. The other findings from the in-depth study reveal that the AS fail to emerge as a positive and strong school option in the village as compared with formal and private schools. In addition the multi- grade levels and multi-grade teaching makes AS a challenging classroom for Para teachers, the caste and hierarchical community dynamics enter AS hence exclusion of learners from participations and even the decentralized structures have stake of members from the I participated in the Evaluation Study as Joint Investigator on Alternative Schools at Central Institute of Education, University of Delhi in 2003-04 wherein my involvement included undertaking In-depth field based study in Rajasthan and monitoring visit to Madhya Pradesh.

NER- Net enrolment rate ASER-Annual Status of Education Report (Rural)

DPEP-District Primary Education Programme SSA- Sarv Shiksha Abhiyan, EGS- Education Guarentee Scheme PISA-Programme for International Student Assessment

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dominant caste so the decisions can be directed favoring one community group over the other. The legal provisions like RTE while interacting with the society have to address these social heterogeneities which serve as barrier to inclusion in schools. It is important to highlight here that the School as an agency influence the pattern of non cognitive qualities in children. These patterns internalized by children work as a social map to guide their behavior later in life. 'It has become increasingly clear that society rewards these and other non-cognitive skills such as honesty, reliability, determination and personal efficacy. Personal s t a b i l i t y, d e p e n d a b i l i t y, willingness to adopt the norms of institutions and hierarchies these were shown to be important conditions for getting on in life and winning employer approval' (Bowles and Gintis, 1976 in EFA Global Monitoring Report, 2009, ch 2, pp43) Therefore schools themselves following the principles of equity, fairness and participation for children could set up a norm in the society. The agency can also create young minds to question the inequalities present around them rather than accepting these as a norm. Hence the role played by school becomes facilitative in advocacy of child rights. Another level of issues with reference to schools subtlety is reflected in quality of learning. The

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ASER report mentions only 48.2% of rural children in grade V capable of reading text of a grade II. Similarly only 29.9% children of grade III are able to solve 2 digits carry over subtraction problems. Except for few states, these declines in performance are present as the current national figures. Since the national figures for enrolment and literacy have reached a satisfactory point, the state must focus on quality aspects in schools for education to achieve a positive change in society. The efforts of state here are not only continuous expansion of schools but empowering schools by provision of strong infrastructural and personnel strength. These provisions must be based on equity whether in form of resources or teachers. Perhaps one can limit disparity in schools and look upon them as agency to bridge the socio-economic gaps. Second aspect of strengthening the school rest in creating support structures beyond 6-14 years to gain cumulative effects of education. Most of the leading and high performing countries on PISA* studies have been example of providing rigorous support in the field and commitment to instill reforms through education. In case of Korea while achieving 96% enrolment for children in primary school, the nation invested rapidly in development of education mainly in youth and adult programmes to sustain growth

Negi, B.

and continually focused on quality dimensions of education. Several reforms in education policies and implementation took place to appreciate the changing needs of the nation. While another country doing well on student achievement assessment explicitly linked education with work and production with a focus on individual development. Since school serve as a social agency which can directly be affected by a public policy, it becomes far more pertinent to make amendments at the level of school. Eve n t h e i nte r n at i o n a l conventions define a child as a person upto 18 years which is synonymous with Indian legal provisions for protection of children against abuse. Since the trends at the international forums' are talking about Index which gives a combined effect of education on the society. For instance the EDI which refers to Education (for all) Development Index looks into composite parameters like universal primary education, adult literacy, quality of education and gender to calculate it. This provides an understanding that the focus of educational support extends beyond 6-14 years to understand changes through it. For instance several EDI is calculated 1/4 (primary adjusted NER) + 1/4 (adult literacy rate) + 1/4 (GEI) + 1/4 (survival rate to grade 5). India ranks at 105th position amongst 128 countries.

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studies are supportive of the fact that early childhood programmes reduce the school drop-out rate amongst children on one side while provisions of higher education and academic inputs for children above 14 years make a serious commitment and streamline individual

development through education. School would serve the role of mainstreaming rural society, if they are adequately empowered by supportive agencies and through incorporation of relevant themes and skills for rural children. The schools thus have a significant stake in rural society as

Negi, B.

they create legitimate spaces in terms of provision and participation of children in education and also provide protective environment facilitative of child rights through inclusive schooling.

REFERENCES Central Statistical Organization (2011). Millennium Development Goals INDIA COUNTRY REPORT. Ministry of Statistics and ProgrammeImplementation, Government of India Naik, J.P. (1961) Role of Government of India in Ed u c at i o n , M i n i st r y o f Ed u c at i o n , Government of India retrieved from www.vidyaonline.org Kingdon, G.(2007). The Progress of School Education in India, ESRC Global Poverty Research Group retrieved from http://www.gprg.org/ Drèze, J. and G. Kingdon. (2001). School Participation in Rural India, Review of Development Economics, 5, No. 1: 133, February 2001. NCERT (2003) 7th All India Educational Survey, National Council for Education Research and Training, New Delhi. PROBE Team (1999), Public Report on Basic Education in India New Delhi: Oxford University Press Convention on the Rights of the Child. United Nations, Fifty-first session, Geneva, 25 May-

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12 June 2009 retreived from www.childrights.org Hanushek, E. and L. Zhang (2006) .Qualityconsistent estimates of international returns to skill. NBERWorking Paper 12664 Http://www.nber.org/papers/w12664. DISE (2006). Elementary Education in India: Analytical Report 2005, District Information System for Education, NIEPA, New Delhi. Probe Team (1999). Public Report on Basic Education in India, Oxford University Press, New Delhi. UNESCO (2005). EFA Global Monitoring Report, University press: oxford UNESCO (2008&2009). EFA Global Monitoring Report, University press: oxford Pratham (2011). ASER 2011 - Annual Status of Education Report., Pratham, New Delhi, January 2012 Central Institute of Education (2004). Evaluation of EGS/AS Strategies under DPEP in six states- National Synthesis Report, University of Delhi, New Delhi

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 18-24 RN: 2-W/12/NS/2-3 Corresponding Author: Neeraj Shukla email: shalinisingh.8619@gmail.com

Changing role of HR function and the role of HR manager in multinational companies by Neeraj Shukla, Shalini SIngh, Shubangi Rajput

Abstract

Dr. Neeraj Shukla is Assisstant Professor in Kalicharan PG College, University of Lucknow. Shalini Singh and Shubhangi Rajput are Reseach Scholars.

uman Resource Department deals with management of people within the organization. There are a number of responsibilities that come with this title. First of all, the Department is responsible for hiring members of staff; this will involve attracting employees, keeping them in their positions and ensuring that they perform to expectation. Besides, the Human Resource Department also clarifies and sets day to day goals for the organization. Research has shown that the human aspect of resources within an organization contributes approximately eighty percent of the organization's value. This implies that if people are not managed properly, the organization faces a serious chance of falling apart. The HR department is also bestowed with the

responsibility of planning future organizational goal in relation to people or clarifying these same goals to staff members. This function of the department ensures that people in the organization have a general direction which they are working towards. The 1990s literature portrays the corporate personnel/HR function as in decline due to the decentralization and delay ring of large organizations. As a result personnel's presence on boards of directors and participation in the formation of corporate business and HR strategies cannot survive. This paper challenges this view arguing that strategies do not originate at main board of director level but at the CEO executive group level in most cases.

KEYWORDS Human Resource Development, Organization, HR Function, Decentralization.

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Human Resource Department deals with management of people within the organization. There are a number of responsibilities that come with this title. First of all, the Department is responsible for hiring members of staff; this will involve attracting employees, keeping them in their positions and ensuring that they perform to expectation. Besides, the Human Resource Department also clarifies and sets day to day goals for the organization. It is responsible for organization of people in the entire Company and plans for future ventures and objectives involving people in the Company. (Handy, 1999) Human resource activities play a major role in ensuring that an organization will survive and p r o s p e r. O r g a n i z a t i o n a l effectiveness or ineffectiveness is described in terms of such criteria and components as performance, legal compliance, employee satisfaction, absenteeism, turnover, training effectiveness and return on investment, grievance rates and accident rates. In order for a firm to survive and prosper and earn a profit, reasonable goals in each of these components must be achieved. For achieving these components a Human Resource Manager plays a vital role in setting the direction, tone and effectiveness of the relationship between the employees, the firm and the work performed. Research has shown that the human aspect of resources within an organization

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contributes approximately eighty percent of the organization's value. This implies that if people are not managed properly, the organization faces a serious chance of falling apart. The Human Resource Department's main objective is to bring out the best in their employees and thus contribute to the success of the Company. HR: Functions Hiring Promotions Reassignments Position classification and grading Salary determination Performance appraisal review and processing Awards review and processing Personnel data entry and records maintenance Consultation and advisory services to management and employees Grievance Handling Furnishing Income Tax formalities Performance evaluation Policy development Technical policy interpretation Work Permitting Immigration Visa Program Safety and Health Benefits Health care insurance Life insurance Disability insurance Retirement Voluntary accidental death and dismemberment insurance Leave Transfer Program

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Tuition Assistance Plan Training opportunities Combined Federal Campaign Employee assistance referral Workers' compensation Positive aspects of Roles and Functions of the Human Resource Department Recruitment of Employees This is one of the most fundamental roles of the HR department. This is because this function ensures that the Company under consideration selects the most skilful and competent person from a sea of applicants at that time. This function involves evaluation of ability and competency of potential employees in relation to what the Company needs. This role falls under the Staffing role of management. If this function is performed well, then the organization will increase value consequently being on the right pathway to achieve its organizational and departmental goals and objectives. (Hyde, 2004) Effective recruitment can be done through a number of ways. First of all the Company can conduct educational and psychological measurements. This task will involve assessment of abilities, skills and character e va l u at i o n o f a p p l i c a nt s . Through psychometric evaluation, the Company can ensure that employees have the right attitude necessary to fit into the organization. Another method Companies use to

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recruit members of staff is through interviews. Here, the Human Resource Department can ask applicants questions that evaluate their decision making abilities and how they would deal with certain situations if presented with them. The Department can also employ the use of written interviews where applicants answer questions addressing key issues in the organization. Through these channels, the Department contributes towards organizational performance. An example of a Company that performs this role well is Tesco Ireland. The Company notifies the public about vacancies. It then posts a q u e st i o n n a i re o n l i n e a n d interested parties fill it at that time. This is then evaluated and those who fall within their minimum requirements are invited for an interview. In the interview, applicants are asked a number of questions and those who did extremely well are further analyzed and retained. Those who did moderately well are not immediately eliminated; instead, their interview questions are kept on file then these are reviewed after six months. By so doing, the Tesco Ireland makes sure that its employees are highly capable and that they will enrich the organization. (Hyde, 2004) Improvement of Compensation Packages One of the major functions of the HR department is to motivate employees. This can be

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Shukla N, Singh S, Rajput S,

done through rewards especially that the organization ensures for those who have done well. that all the employees under its The HR department needs to wing are just enough to increase e v a l u a t e p e r fo r m a n c e o f value to the organization. The employees and those who have Department must ensure that exceeded expectations should be staff members are not too many compensated for their actions. because if they exceed this Research has shown that amount, then the organization rewarding employees for good stands to lose. It must plan performance is the number one adequately to ensure that staff incentive for keeping up this members are not too few either, trend. These compensation otherwise they will be packages can come in the overworking those who are following way already in place. Consequently, Holiday Offers there will be poor motivation End of Year Bonuses resulting from fatigue. Equities The HR department is Awards also bestowed with the Salary Increments responsibility of planning future Provision of Flexible Working organizational goal in relation to Hours people or clarifying these same ď&#x201A;ˇ Straight forward Promotion goals to staff members. This Schemes and Career function of the department Developments ensures that people in the If the HR department organization have a general includes these incentives, then it direction which they are working will ensure that employees are towards. Organizations that have satisfied with the Company. It will a clear direction are always more also contribute towards good effective; those members of staff staff retention rates. This is will be more result oriented especially crucial in increasing rather than just working for the stability within the organization. sake of it. The Department is also It also makes employees identify responsible for setting day to day with the firm and instills a sense objectives necessary for of loyalty. (Handy, 1999) streamlining activities within the organization and thus ensuring that work is not just done Planning in the Organization haphazardly. (Hyde, 2004) T h e H u m a n Re s o u r c e Department is placed with the responsibility of ensuring that it Negative Aspects of Functions plans adequately for all the and Roles of the Human organization's future Resource Department engagements that will involve There are a number of people. One important aspect of problems that arise as the this is planning for employees in department goes about its the organization. It is important activities

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Problems in Recruitment The department may sometimes be unable to adequately coordinate and incorporate all the employees needed in the Company's operations. One such example is the NHS. In the year 2004, the organization was found to be wanting in its human resource department's functions. The Company was recruiting a large proportion of its employees; 40% from Asian and African countries. This means that the organization was draining medical personnel from those needy countries and using them for themselves. (Katherine, 2002) Such a practice showed that the HR department had exercised bad judgment in its staffing function. Instead, it could have used these foreign nurses as temporary measure and put in place a strategy to train local nurses such that it could stop depending on those poor countries for supply of nurses. Problems in Remuneration In the process of trying to motivate members of staff to perform better, the Human Resource may make deals that eventually cause problems. A case in point is the Home Depot. This Company has an employee Compensation policy that requires that one should be rewarded for the time they have served the Company. The Home Depot Company offers an end of year bonus, basic salary and grant on stock shares as an incentive for some of its employees The CEO of the

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Company Robert Nardelli lost his job in the year 2007. This was because the company has experienced a lot of losses under his leadership; its shares fell by eight percent in the stock exchange and he deserved to leave the Company. However, because the Human Resource Department had put in place a policy that requires all members of staff to be given the incentive mentioned above, he left with a lot of money. It was reported that he had with him about two hundred and ten million dollars. The Company had no way out of this payment because HR had already passed that policy and they were bound by the law. This goes to show that sometimes policies made by the HR department do not benefit the Company especially if the parties involved are considered as losses to the Company. (Michael, 2007) Problems in Planning Sometimes the HR Department can employ people who may not contribute towards organizational principles. A classic example is the Arthur Andersen Company that fell apart in the year 2002. This was an American Company that dealt with audits. It was initially very successful in its operations prior to that fateful year. But in the latter years of its operations, the Company was involved in two accounting scandals that tarnished its name and subsequently caused failure. The Company failed to plan well for the kind of employees it recruited. This was witnessed

Shukla N, Singh S, Rajput S,

when one of its employees in the Legal Department called Nancy Temple was fined in the Court of law for non adherence to accounting laws. This problem could have been prevented if the HR department had evaluated this employee before hiring her and also evaluation should have been done during her performance. If HR had been extremely critical, then they would have realized that the employee did not adhere to Company principles and would therefore have terminated her employment. Beside this, the Arthur Andersen Human Resource department also failed in its communication function to employees. The department should have ensured that they constantly communicate to members of staff about the goals and objectives of the Company on a day to day basis. This would have made them very clear in the minds of employees and would have prevented the downfall of the Company. Strategies to Improve Human Resource Department's Value to the Organization Training and Internships It is not necessarily a guarantee that a candidate who did well in the recruitment exercise is the best in performing an organization's functions. New employees need orientation into the Company's functions and can also improve some inefficiency that these new employees may have in relation to their skills. This is the purpose of placing

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them on internships. (Norbert, 1967) Training is also essential for members of staff who have been working for the organization for a long time. This is especially so in the wake of technological advancements, legal changes and changes in service delivery. It is important for an Organization to keep up with industry trends otherwise it faces the danger of becoming obsolete; especially in the background of increasing competition. Training need not be restricted to improvement of skills; it can also involve improvement of attitudes. This is normally characterized by attendance of workshops and other forms of talks. Training also increases motivation of employees and gives them that extra boost of energy needed to get them through tough times in their jobs. All the above tasks are placed under the Department of Human Resource because it is the one that will asses when training is needed, who needs the training, where and by whom. This aspect is a sure to improve value of the HR Department in the organization. An example of a company that adheres to this principle is Marks and Spencer retail chain outlet. The Company offers training for twelve months. Here new employees are taught all that is necessary to meet organizational goals and objectives then they can start work when they are ready to do so. (Norbert, 1967)

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Making Better Use of Time Human Resource is conferred with the responsibility of ensuring that all members of staff perform to their best ability. It could improve this area by facilitating better use of time in all departments within the organization. Time is one of the most crucial yet intangible assets of the Company. The proper use of this resource could maximize production and achievement of organizational goals. (Harold, 2003) The Department can do this by planning activities to be carried out in the organization. It can make schedules for the various activities that have to be done in the organization and thus facilitate better flow of information. In addition to this, the Company can also ensure that all members of staff are held accountable for not performing a certain task. This is especially in regard to maintenance of the schedules. In so doing, human the Human Resource Department will be ensuring that employees do not simply report to work and that the time spent at work is directly proportional to output. Improving Organizational Culture Human Resource Department can try to improve organizational culture through a three step procedure. The first step of the process is observation. In this step HR finds out what makes ups or what the company's culture is like. HR should also be very intense on

Shukla N, Singh S, Rajput S,

the organizational needs. Here, HR should realize that personal fulfillment works better and therefore should try to ensure that the change is relevant to every staff member. In this stage, HR should try to explain to all staff members or stakeholder the advantage of transforming the culture in the organization. This should be made clear so that all can see the advantages at the individual level and not simply at the organizational level. (Erica, 2006) Then HR should try to eliminate all inhibitions in staff member's minds. It is possible that some may claim that they tried one or two strategies before and it did not succeed. This are what are called 'cries of despair' and HR should try its best to explain to staff members the need of changing the culture of the organization. The next step is the analysis of various aspects. Here, there is collection of data needed in making certain that culture changes. This stage involves checking out the success features or the factors that can facilitate its success. There should be calibration of data collected. Staff members should be made to understand that there are no perfect situations for implementation of changes. The analysis should involve assessing whether the information is sensible or not. Whether data gathered will be helpful or not and if it is too little or too much. Staff members should be requested for data that will help

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change the culture. Of course when trying to bring in change HR Department should have perceived benefits, a deadline for execution and also the realized gains in relation to the change in culture. In this step, there should be reality checks which should be done often. There should also be continuous integration. Through this scheme HR Department should be able to change the culture in the organization and add value to it. (Harold, 2003) New roles and a changing focus Strategic business partner: HR must factor in policies on employee welfare and new or changing competency requirements when corporate strategies are being developed. Through partnering with management, HR may take on the role of consultant and assist in strengthening the relationship between employees and senior management. Change agent HR professionals must lead in actively building and maintaining a corporate culture that embraces people development. Employee champion HR must create a productive work environment, ensure effective communication, and manage workforce relations.

M a n a ge r o f p e rs o n n e l acquisition and development HR must define, generate, continuously reinforce, and sustain organizational skills, knowledge, abilities, attitudes, and desired behaviors. Manager of processing, compliance, and reporting HR must align its strategic and tactical plans with those of the corporation, comply with laws, create policies, and execute administrative processes, all in a cost-effective manner. Technology is also an important factor in attaining the HR function of the future. By leveraging technology, HR can reduce some of its more routinely tasks and processes and create more time for focusing on strategic HR concerns. An integrated Human Resource Information System (HRIS) can also serve as a tool for gathering information that will be used to carry out a number of HR functions such as performance appraisals, e m p l o ye e co u n s e l i n g , a n d recruitment. Outsourcing is also an increasingly viable option for reducing time spent on highly administrative and transactional a c t i v i t i e s s u c h a s p ay ro l l , timekeeping, and the like. All of these changes will then allow HR to become more than a support unit and advance into a quasiindependent business within an

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organization. Conclusion Human Resource Management team's main function is to manage people. There are positive and negative aspects of this function; first of all, the HR department enriches the organization through recruitment procedures and an example an effective HR team in this area is Tesco Ireland. HR department also ensures that members of staff follow a general direction by frequently clarifying and reminding them of the organization's goals. Besides this, they are also responsible for organizing incentives or compensation packages to motivate employees. All these functions contribute towards organizational effectiveness. However, there are some negative aspects of HR; it has to bear the burden of blame if an employee performs poorly like the Arthur Andersen Company. Besides this, some policies made by the department may be detrimental to the Company like in the Home Depot Company's case. Improvements to their role can be done by arranging training for staff members, organizing activities for the organization and changing organizational culture. (Erica, 2006)

References Katherine, W. (2002): From County Hospital to NHS Trust: the History and Archives of NHS Hospitals; Harvard Press

Michael B. (2007): Embattled Chief Executive Resigns at Home Depot. New York Harold, K. (2003): Project Management: A systems

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approach to planning, scheduling and controlling; Blackwell publishing Erica, W. (2006): Strategic public relations management planning; University of York Publishers.

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Handy, C. (1999): Understanding Organizations fourth edition; Penguin Hyde, J. (2004); Managing and Supporting People in organization, Bailliere Tindall

Norbert, E. (1967): Management planning: a systems approach; Melbourne publishers

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 25-27 RN: 2-W/12/SV/2-3 Corresponding Author: Shradha Vasisht email: shradhavasisht@gmail.com

Quality in primary education: A requirement by Shradha Vasisht

Abstract

Institute of Advanced Studies in Education, Jamia Millia Islamia, New Delhi, INDIA

he Programme of Action, 1992, talked about the essential necessity to lay down Minimum Levels of Learning at primary stage. This necessity came out from the fundamental concern that all children are needed to be treated alike. Minimum Levels of Learning will address the issue of equality and equity. It will, also, focus on competency based learning as well as teaching. A strong emphasis on quality issues in primary education highlights all efforts under SSA, which has become vital area of concern as the programme proceeds. The quality issue on SSA talks about all reforms related to school as such, community ownership and monitoring, institutional capacity building, priority to girl education and special groups, role of teachers and a very a special thrust on creating the education

useful and relevant for children by improving the curriculum, child-centered activities and effective teaching learning strategies. For improving our education system, it is very important that our intentions advance in sync with our efforts. Apart from this suitable planning and its sound implantation is very much required. In case of Delhi, congested classrooms, high degree of poverty and lack of motivation on the part of teachers are the indicators of lack of planning and implementation. However, the focus of this research paper is on the evaluation of the programme in four zones of Delhi, namely, north, south, east and west. Keywords: Minimum Levels of Learning, Quality education, Sar va Shiksha Abhiyaan.

KEYWORDS Human Resource Development, Organization, HR Function, Decentralization.

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Introduction According to Audrey Hepburn, a quality education has the power to transform societies in a single generation, provide children with the protection they need from the h a za rd s o f p o v e r t y, l a b o r exploitation and disease, and given them the knowledge, skills, and confidence to reach their full potential. Education has been an essential benefit to mankind since times immemorial. Without proper knowledge, understanding and receptivity, mankind would not have reached to the place where it is now. All these qualities, also, make us different from a n i m a l s . H o w e v e r, t h e contemporary situation in our country is in very bad shape. In earlier times, our country was popular for its educational centers like Nalanda and Taxila. Its great educationists like Tagore, Gandhi, Krishnamurthy, etc. were popular throughout the world for their very impressive thoughts on quality of education. With such an impressive past records for a country, it is sad to see our educational standards go down badly. Ke y I n d i c a t o r s o f q u a l i t y education 1. Teaching learning process used by teachers. 2. Students' attendance in the class. 3. Infrastructure of the school. 4. Teacher- student ratio. 5. Mid day meal

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Objectives of the study 1. To find out the factors affecting quality of education with the use of key indicators. 2. To analyze factors affecting quality of education with the use of key indicators in relation with the goal achievement. 3. To provide suggestions in improving the quality in primary education. Methodology i. Sample of the study For this research work, a purposive sample was selected. The sample comprised 2 MCD coeducational schools from each of 4 zones of Delhi, namely, north, south, east and west. One section of class V from each school was selected randomly. One primary school teacher of each class was, also, selected for the research work. ii. Tools used and procedure The design of the study necessitated the use of four toolsObservation Schedule, Check list and 2 unstructured interview schedules. The researcher observed class V of each School to collect the data. As the study is related to quality education, teaching learning strategies used by the teachers in the classroom and the response from the students were observed. The various journals, books and other related literature were studied by the researcher in relation to quality education and

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teaching learning processes used by teachers in the class. It helped the researcher to develop the observation schedule. The researcher set certain parameters before devising obser vation schedule. The researcher incorporated as many elements related to quality education and teaching learning processes as he/she could in the observation schedule. The main emphasis was laid on the qualitative teaching learning strategies in the classroom. Certain psychological aspects were also considered in this tool which focused on individual differences, motivational strategies and teaching learning styles. The observation schedule was filled up by the researcher herself by observing the same in the class The checklist was prepared for getting information about the infrastructural facilities in the school like playground, library, proper desks for students, table and chair for teachers, almirahs for teachers where they can keep their registers and teaching learning material used in class for teaching. The checklist comprised 11 items in all. The checklist was filled up by the researcher by asking about the various types of infrastructural facilities from teachers and, also, by observing a few of them in the school itself. An unstructured interview schedule was prepared for the

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teachers of each of the schools selected as sample. The motive was to gather information about the teaching learning process used in the class, students' attendance, teacher- student ratio and mid day meal distributed to the students. Certain items included in the interview schedule were types of methods used for teaching to students, quality of mid day meal distributed to students, teaching learning material used for teaching to students, support by other teachers and principal and many more. An unstructured interview schedule was, also, prepared for 5 students of selected class of each school. The students were asked questions about whether they get any kind of sports item like football or bat in their games class, whether they go to library atleast once a week or not, do they get books issued from library, whether they get an opportunity to express their views in the class, whether they like the mid day meal distributed to them by the school or not, whether they attend school regularly or not and many more. Conclusion As far as conclusions for the

study are concerned, a number of factors affected the quality of primary education in both positive as well as negative way. As far as positive factors affecting quality were good quality of mid day meal and free uniforms and textbooks to students. Negative factors affecting the quality of primary education were overcrowded c l a s s ro o m s ; a l a r m i n g h i g h teacher-student ratio; low socio economic background of students; non awareness among parents about the benefits of e d u cat i o n ; l a c k o f p ro p e r infrastructural facilities including name sake library, non use of sports items, lack of communication among students and teachers, dirty toilets and lack of proper water facilities; high burden on teachers for the completion of non academic tasks like various government surveys and election duties; high students' absenteeism and high teachers' absenteeism. It can, also, be concluded that strong monitoring and feedback is required to further strengthen the positive factors affecting the quality of primary education in

Vasisht S,

Delhi. The researcher would like to give certain suggestions to improve the quality of primary education: Provision of mats and child sized desks should be there in every school. There should be clean toilets for teachers and students. There should be a proper provision of clean drinking water for teachers and students. Efforts should be made to make the teacher student ratio in sync with the government norms. Libraries with sufficient number of children's literature should be there in every school. Teachers should focus more on discussion method rather than on lecture method. Students should get a fearless environment within the school. Teachers should be kept away from the non academic work. Parent Teacher Association should be held once a month to make parents understand the importance of education in their lives. There should be proper check on teachers' attendance.

REFERENCES Buckman, Peter. (1973). Education without school. New York: Oxford University Press. Best, J. W., & Kahn, J. V. (1993). Research in Education. India: Pearson Education Private Limited. Bryman, Alan. (2003). Social Research Methods. New York: Oxford University Press. Dewey, John. (1997). Experience and Education. New York City: Free Press.

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Friere, Paulo. (1970). Pedagogy of the Oppressed. New York: Oxford University Press. Jafa, Maorama. (1982). Writing for Children. New Delhi: Children's Book Trust. N.C.E.R.T. (2005). National Curriculum Framework 2005. New Delhi: N.C.E.R.T.

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 28-32 RN: 2-W/12/AM/2-3 Corresponding Author: Abhijeet Mishra email: abhijeetmishra42@gmail.com

Child Rights Protection: Justice to Juveniles by Abhijeet Mishra, Anjali Srivastava

Abstract

Hidayatullah National Law University, Raipur, INDIA

his paper mainly focuses on Juveniles in Conflict with Law (JCLs), which calls for the establishment of Juvenile Justice Boards (JJBs) where the State Government sees it. JJBs must contain a Metropolitan or Judicial magistrate and two social workers where one of the workers must be a woman. The magistrate is required to have a background in child psychology or child welfare. JCL cases can only be heard in the JJB and not by another court. The state is required to set up a number of institutions where the needs and protection of juveniles may be fulfilled.

For the reception and rehabilitation of JCLs the state must set up Observation Homes and Special Homes in ever district or group of districts. The state may directly set up these homes or contract a voluntary organisation to do so. Observation homes are for institutions for juveniles while their proceedings are underway. After the proceedings of a particular case are complete, the JJB may decide that the rehabilitation of the child is not complete and hence place them in a Special home for no longer than three years.

KEYWORDS Delinquents, Observation homes, Inaccurate age verification, Medical Verification, Police Brutality

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The Government of India enacted the Juvenile Justice Act in 1986. In 1989 the General Assembly of the United Nations adopted the Convention on the Rights of a Child. India ratified the UNCRC in 1992. The convention outlines the right of the child to integrate into society without judicial proceeding. However the Government felt that there is a need to fulfill the standards to the convention and therefore there is a need to rewrite the law. Hence in 2000 the old law was replaced by the Juvenile Justice (Care and Protection of Children) Act. In this act a child or juvenile is defined as a person who has not completed 18 year of age. It outlines two target groups: Children in need of care and protection and Juveniles in conflict with law. This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned eighteen yet in short it has a retrospective effect. This paper mainly focuses on Juveniles in Conflict with Law (JCLs), which calls for the establishment of Juvenile Justice Boards (JJBs) where the State Government sees it. JJBs must contain a Metropolitan or Judicial magistrate and two social workers where one of the workers must be a woman. The magistrate is required to have a background in child psychology or child welfare. JCL cases can only be heard in the

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JJB and not by another court. The state is required to set up a number of institutions where the needs and protection of juveniles may be fulfilled. For the reception and rehabilitation of JCLs the state must set up Observation Homes and Special Homes in ever district or group of districts. The state may directly set up these homes or contract a voluntary organisation to do so. Observation homes are for institutions for juveniles while their proceedings are underway. After the proceedings of a particular case are complete, the JJB may decide that the rehabilitation of the child is not complete and hence place them in a Special home for no longer than three years. Legislative Background As India is a Party to the Convention on the Rights of the Child (“CRC”) and various other rules and guidelines on children's rights, the Government of India is bound to fulfill the duties set out for child rights. International agreements on children's rights, as they concern juveniles in conflict with law, promote a universal approach, concerned with the development, care, and protection of children throughout their interactions with the juvenile justice system. Juvenile justice is m o re c o n c e r n e d w i t h t h e rehabilitation of juveniles than to provide them criminal justice. When discussing juveniles in conflict with law, international agreements generally emphasize the importance of preventing juveniles from coming into conflict with the law in the first place, as

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well as an expectation of complete rehabilitation by the time they leave the juvenile justice system. Throughout the proceedings within the system, “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth.” The Juvenile Justice (Care and Protection of Children) Act (2000) (“JJ Act”), amended in 2002 and 2006, covers all aspects of interaction between children and the legal system. From adoption to abuse and neglect to children in conflict with the law, the Act is farreaching in its scope and intent. The provisions within the JJ Act, like its international predecessors, are intended to preserve the dignity and best interests of the child. The Ground Reality According to section 7, Rule 12 of the Juvenile Justice Act, the judge is supposed to assess prima facie whether the accused is a juvenile or not. The problem arises when the juvenile has ostensible indicators like facial hair and well-developed muscles. Under these circumstances many juveniles have been remanded in prison till the time an age verification test is conducted upon them. For instances, let us take a case of Delhi only the facts were that on 11 November, 2001, Mukesh, a helper at a small eatery near Inter- state bus terminus, Delhi, was found dead. The next day the police arrested Rahul, who

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worked at the tea stall near the eatery, as an accused in the case. Rahul was 15-years-old then. In 2004, a trial court awarded him life imprisonment for murdering Mukesh. In March 2011, the Delhi High Court acquitted Rahul. The court ruled that he was a juvenile, between 15 and 16 years, on the day of crime and should have been tried under the Juvenile Justice (JJ) Act, 2000. But by then, he had been incarcerated for 8 years, nearly three times more than the maximum period prescribed for juveniles under the JJ Act. According to the JJ Act, juvenile accused are to be tried by Juvenile Justice Boards (JJBs). Those found guilty are sent to observation homes where attempts are made to reform or rehabilitate them. But the ground reality is somewhat different. Like Rahul, hundreds of juveniles, shown as adults just because of a error in predicting the age of juveniles accused and these juveniles are languishing in prisons across the country which is a gross violation of Juvenile Justice Act, the objective of which was to protect the rights of 'children in conflict with law.'

Some Ground Breaking Facts The High court directed National Commission for Protection of Child Rights to conduct an inquiry regarding the number of juveniles lodged in Delhi's prisons, nine jails in the Tihar complex and the Rohini jail. In three visits made so far after the order, surveyors have identified more than 200 probable juveniles in Tihar. They have been segregated and will undergo age verification test. Those ultimately found below 18 will be transferred to JJBs. “The fact that almost half of those interviewed during the survey were found to be children is a matter of grave concern, This is the situation in Delhi itself .The situation in other states may be worse.

The curious case of establishing correct age “The Juvenile Justice Act faces many roadblocks in protecting the vulnerable, due to inaccurate age verification processes and a brutal police system” One of the sketchiest areas of juvenile justice in India is the question of establishing the age of the alleged offender. About 29 children have been transferred from Tihar jail to their observation

Issue of Age Determination Age determination has been a tricky and controversial issue in juvenile justice. A number of cases have been decided by the courts in this regard. In the context of juvenile legislation in India, a juvenile is a person who has not completed eighteen years of age. Only children below seven to twelve years of age who are sufficiently mature to understand the repercussions of their act and

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homes since January 2011 in New Delhi itself. This means that in the last eight months alone, close to 30 minors were lodged inside Tihar. “Most people aren't even aware of the law, and they don't have the money for adequate legal council, which is why many delinquents under the age of 18 are in Tihar”.

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children between twelve to eighteen years of age can be tried under Juvenile Justice Act as children below seven years of age have been granted blanket immunity. The objective is not to treat such children as adults for their criminal behavior but to reform and rehabilitate them. The issue of age determination controversial because there is no clarity on the point, Even in the case of Indian Penal Code, sections 82 and 83 talk about children below and above seven years of age but it is silent about seven year old children. Who is to determine the age bracket they fall in? Section 49 (1) of the Juvenile Justice Act, 2000 confers the power on competent authority to determine whether the person brought before is a juvenile, if he/she appears to be so, however the procedure to determine juvenility of a person cannot be relied on. The two ways to determine age of the accused are documentary evidence and medical evidence. I n J a y a M a l a v. H o m e Secretary, Government of J&K the apex court held that the age as ascertained by medical examination is not conclusive proof of age. It is mere opinion of the doctor and a margin of 2 years could be on either side. In another high profile case of Bhoop Ram v. State of UP, the court held that in case of conflict between documentary evidence and medical report, the documentary evidence will be considered to be correct. This leads one to the conclusion that all

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that it needs to establish and convince court that a criminal is a juvenile is documentary proof. Now documentary proof is one of the easiest things to obtain in our country whether it is to get a licensed one or furnishing age proof in the court. In such a case, even if we were to turn to medical examination, which is held not to be hundred percent conclusive proof by even medicos. By the Allahabad High Court's own admission, a doctor is not always truthful. In the case of Smt. Kamlesh and anr. v. State of UP, the court maintained that a professional witness is prone to side with a party that engages his/her services. Thus, a doctor is not always truthful. Now, if age cannot be determined conclusively by using either documentary evidence or medical evidence, what is to be done? The apex court in Babloo Passi and anr. v. State of Jharkhand and anr. held that no fixed norms had been laid down by the Act for the age determination of a person and the plea of the juvenile must be judged strictly on its own merit. The medical evidence as to the age of a person, though a very useful guiding factor, is not conclusive and has to be considered along with other cogent evidence. Apart from the conclusive determination of age, the question of the date when age has to be taken into account has also been a matter of controversy. In Umesh Chandra v. State of Rajasthan, it was held that it is the date of the offence that has to be

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considered, However Arnit Das v State of Bihar overruled the judgment saying that the date of c o m m i s s i o n o f o f fe n c e i s irrelevant and it is the date of bringing the accused in the court that has to be taken into account. This was again corrected in Pratap Singh v. State of Jharkhand where the court held that “the reckoning date for the determination of the age of the juvenile is the date of an offence and not the date when he is produced before the authority or in the Court.” The Problem with Police Brutality The problem of Age determination prevails with the existence of brutality towards juveniles by police officials. Juveniles are often brutally beaten and sexually abused by policemen after getting into custody and sometimes even forced to confess about their crime. In 2009, the Delhi High Court came out with a scathing criticism of police atrocities towards juveniles in custody. There have been instances where the police, knowing that the detainee is a juvenile, have misrepresented the juvenile's age to present him as an adult. “The police often want to dodge the complicated protocol of dealing with a juvenile, and so they show him to be an adult. Besides, the police are under tremendous p r e s s u r e to m a ke a r r e st s whenever there is a serious crime,” The callous attitude of the police and the lower judiciary has led to repeated and systemic abuse of a child's basic rights

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despite the presence of the JJ Act. Problems with regard to harsh treatment by police and difficulties with regard to age verification continue to plague this Juvenile situation. Skeptics believe that there is a chance that the guilty will misuse the law to get away with a lighter sentence. However, of course some people could abuse this act, just like any other law. But the point is that not even one child should be wronged. Conclusion It is apparent from the above analysis that the juvenile justice system that started as a welfare measure of the state for its children, despite the specific reference to the CRC, continues to o p e ra te f ro m t h e w e l fa re perspective. Rights of the child have found a reference in the legislation but it is far from recognizing those rights to them. The operations under the JJA 2000 are replete with instances where the lawyers, judges and even the police officials do not apply the law correctly. In case of grave offences by children, the judges continue to apply the penal law approach and not that included under the JJA 2000. The interpretation in some of the recent judgments has been narrow and exclusionary, contrary to the scheme and spirit of the JJA 2000 and the Rules framed under it both of which are inclusionary in nature and strive to cover all cases of children on the border line.

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REFERENCES Books Juvenile Justice: An Indian Scenario, Sunil Kanta Bhattacharyya, Publication Daya Books, Year 2000. Acts The Juvenile Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 Website http://www.jjindia.net/1/jjact.aspx - An article on Juvenile Justice by Human Rights Watch

http://legalservicesindia.com/article/article/juvenilejustice-387-1.html -An article on Juvenile JusticeA Hard Look http://www.nujslawreview.org/articles2009vol2no4/ve d-kumari.pdf - Juvenile Justice: Securing the Rights of Children during 1998 2008 by Ved Kumari. Http://www.firstpost.com/politics/tihars-juvenilewoes-over-200-shouldnt-be-in-jail-256992.html - News Report Child protection information sheet by The United Nations Children's Fund (UNICEF) May 2006

FOOTNOTES 1 2 3

Jaya Ma la v. Home Secretary, AIR 1982 SC 1297 Bhoop Ram v. State of UP , AIR 1989 SC 1329 Smt. Kamlesh and anr. v. State of UP, 2002 CriLJ 3680 Babloo Passi and anr. v. State of Jharkhand and anr, 2009(1) JCR 73 (SC) Umesh Chandra v. State of Rajasthan, (1982) 2 SCC 202 Arnit Das v State of Bihar, AIR 2001 SC 3575

Pratap Singh v. State of Jharkhand, 2005 (3). SCC 2731

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 33-37 RN: 2-W/12/MS/2-3 Corresponding Author: Munmun Singh email: munmun_singh@ymail.com

Child's Right To Protection

by Munmun Singh

Abstract

Institute of Advanced Studies in Education, Jamia Millia Islamia, New Delhi, INDIA

he right of children to be protected from exploitation and to receive education has been recognised as fundamental to a child's dignity and growth as a wellinformed individual to build just and fair society. Child labour and failing education systems are matters that directly affect the daily lives of hundreds of millions of children around the world. UNICEF uses the term 'child protection' to refer to preventing and responding to violence, exploitation and abuse against children including commercial sexual exploitation, trafficking, child labour and harmful traditional practices, such as female genital mutilation/cutting and child marriage. Child protection is a term that describes policies, standards, and practices that seek to protect children from harm- physical,

emotional, psychological, and sexual or any other negligence. 1 The United Nations Convention on the Rights of the Child (UNCRC) advances international standards on children's rights in a number of ways. It elaborates and makes legally binding many of the rights of children laid out in previous instruments. It contains new provisions relating to children, for example, with regard to rights to participation, and the principle that in all decisions concerning the child, the child's best interests must come first. It also created for the first time an international body responsible for overseeing respect for the rights of the child, the Committee on the Rights of the Child. 2 This Convention outlines the fundamental rights of children, including

KEYWORDS Human Resource Development, Organization, HR Function, Decentralization.

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the right to be protected from economic exploitation and harmful work, from all forms of sexual exploitation and abuse, and from physical or mental violence, as well as ensuring that children will not be separated from their family against their will. These rights are further refined by two Optional Protocols, one on the sale of children, child prostitution and child pornography, and the other on the involvement of children in armed conflict. 3 In its simplest form, child protection addresses every child's right not to be subjected to harm. It complements other rights that, inter alia, ensure that children receive that which they need in order to survive, develop and thrive. Child protection covers a wide range of important, diverse and urgent issues. Many, such as child prostitution, are very closely linked to economic factors. Others, such as violence in the home or in schools, may relate more closely to poverty, social values, norms and traditions. Often criminality is involved, for example, with regard to child trafficking. Even technological advance has its protection aspects, as has been seen with the growth in child pornography. It is a special concern in situations of emergency and humanitarian crisis. Many of the defining features of emergencies displacement, lack of

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humanitarian access, breakdown in family and social structures, erosion of traditional value systems, a culture of violence, weak governance, absence of accountability and lack of access to basic social services create serious child protection problems. Emergencies may result in large numbers of children becoming orphaned, displaced or separated from their families. Children may become refugees or be internally displaced; abducted or forced to work for armed groups; disabled as a result of combat, landmines and unexploded ordnance; sexually exploited during and after conflict; or trafficked for military purposes. They may become soldiers, or be witnesses to war crimes and come before justice mechanisms. Armed conflict and periods of repression increase the risk that children will be tortured. For money or protection, children may turn to 'survival sex', which is usually unprotected and carries a high risk of transmission of disease, including HIV/AIDS. Failure to protect children undermines national development and has costs and negative effects that continue beyond childhood into the individual's adult life. While children continue to suffer violence, abuse and exploitation, the world will fail in its obligations to children; it will also fail to meet its development aspirations as laid

Singh, M

out in such documents as the Millennium Agenda with its Millennium Development Goals. 4 Building a protective environment The scale, extent, nature, urgency and complexity of child protection issues are daunting. Yet there are numerous examples among many countries of the varied ways in which governments, civil society actors, c o m m u n i t i e s a n d c h i l d re n themselves can help prevent and respond to violence, abuse and exploitation. It is clear that the response to child protection has to be holistic, recognize the duties of all people at all levels to respect children's protection rights and apply to all children in all circumstances without discrimination. Achieving a world where children's protection rights are routinely respected requires ensuring that children grow up in an environment that is protective, where every element of that environment contributes to their protection and where every actor does his or her part. There is no legal or other a g reed d ef in it io n o f w h at constitutes a protective environment. Government interest in, recognition of and commitment to child protection is an essential element for a protective environment. This includes ensuring that adequate resources are made available for

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child protection, for example, for programmes to combat child labour. In societies where attitudes or traditions facilitate abuse the environment will not be protective. At the most basic level, children need to be free to speak up about child protection concerns affecting them or other children. At the national level, both media attention to and civil society engagement with child protection issues contribute to child protection. An adequate l e g i s l a t i v e f ra m e w o r k , i t s consistent implementation, accountability and a lack of impunity are essential elements of a p ro te c t i ve e nv i ro n m e nt . Parents, health workers, teachers, police, social workers and many others who care for and live, deal and work with children need to be equipped with the skills, knowledge, authority and motivation to identify and respond to child protection problems. Children need information and knowledge to be equipped to protect themselves. They also need to be provided with safe and protective channels for participation and selfexpression. Where children have no opportunities for participation, they are more likely to become involved in crime or other dangerous or harmful activities. A protective environment for children requires an effective monitoring system that records

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the incidence and nature of child protection abuses and allows for informed and strategic responses. Such systems can be more effective where they are participatory and locally based. It is a responsibility of government to make sure that every country knows the situation of its children with regard to violence, abuse and exploitation. Child victims of any form of neglect, exploitation or abuse are entitled to care and nondiscriminatory access to basic social services. These services must be provided in an environment that fosters the health, self-respect and dignity of the child. Some elements of the protective environment will overlap. For example, governmental commitment may dictate whether services for victims of abuse are provided, or whether investment is made in monitoring mechanisms. Similarly, media attention can be a key factor in influencing attitudes. Indian Perspective Children are not a homogeneous category. Like adults, they are divided into different categories based on social and economic status, physical and mental ability, geographical location etc. These d i ffe re n c e s d ete r m i n e t h e difference in the degree of their vulnerability. While gender discrimination exists almost all

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over the world, it is much greater in some countries - and India is definitely one of them. Girls in vulnerable situations such as poverty, disability, homelessness etc. find themselves doubly disadvantaged, by their gender and the physical, economic, political, social situation that they find themselves in. It is therefore imperative to take a gender perspective into account in examining the situation of children. The Constitution of India p ro v i d e s a co m p re h e n s i ve understanding of child rights. A fairly comprehensive legal regime exists for their implementation. I n d i a h a s ra t i f i e d s e v e ra l international legal instruments including the Convention of the Rights of the Child (CRC). However, the government seems to be more comfortable with the idea of wellbeing rather than rights (with its political overtones). Child rights activists are faced with challenges of promoting and protecting rights as a positive social value. An examination of the laws shows that although they are meant to protect the interests of children, they have been formulated from the point of view of adults and not children. They are neither child-centred, nor child friendly, nor do they always resonate with the CRC. The problem begins with the very definition of 'child' within the

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Indian legal and policy framework. The CRC defines children as persons below the age of 18 years, however different laws stipulate different cut-off ages to define a child. Only the Juvenile Justice (Care and Protection) Act 2000 is in consonance with the Convention. In the absence of a clear definition of a child, it is left to various laws and interpretations. That our laws are not child friendly or child oriented is also evident in the distinction family laws make between legitimate and illegitimate children depending on the status of their parents' marriage or relationship. A child born out of wedlock or of a void or illegal marriage is considered 'illegitimate'. Children pay for the decisions taken by the parents and are denied inheritance rights. Even worse, a child born of rape is stigmatised and treated as 'illegitimate', both by society and law. While the Constitution lays down the duties of the State with respect to health care, there is no law addressing the issue of public health. Children's health care needs continue to be in great part dealt under the Reproductive and Child Health Programme of the Ministry of Health and Family We l fa re , w i t h a fo c u s o n reproductive health and safe motherhood and child survival. The other health needs of children are addressed by the country's

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primary health care system; with very little attempt to address these needs specifically or separately. The Child Labour (Prohibition and Regulation Act) was enacted in 1986, to specifically address the situation of children in labour. However, this law distinguishes between hazardous and nonhazardous forms of labour, and identifies certain processes and occupations from which children are prohibited from working. It leaves out a large range of activities that children are engaged in and are exploited and abused. The large-scale exploitation and abuse of children employed in domestic work and hotels are cases in point. Child trafficking is one of the most heinous manifestations of violence against children. This is taking on alarming proportions nationally and internationally. Although, very little reliable data or documentation is available, meetings and consultations across the country have revealed the gravity and the extent of this crime. It is high time we understood and realised that children are trafficked for a number of reasons and this cannot be treated synonymously with prostitution. The Juvenile Justice Act, 2000 i s d e s i g n e d fo r t h e c a re , protection, development and rehabilitation of juveniles in conflict with the law and children

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in need of care and protection by adopting a child friendly approach and keeping in mind the best interests of the child. The Act covers boys and girls, up to age of 18 years, and distinguishes between 'juvenile in conflict with the law' and 'children in need of care and protection'. A juvenile in conflict with the law means a juvenile who is alleged to have committed an offence'. A 'child in need of care and protection' is one who is homeless, lacks any proper means of subsistence, has parents who are unfit to care for him/her, resides with a person who has the likelihood of injuring the child, is mentally or physically challenged or ill, suffers from terminal/incurable diseases having no one to support, is orphaned or abandoned and whose parents cannot be found, who is victim of armed conflict, who is found vulnerable and is likely to be inducted into drug abuse or trafficking or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts. 5 Conclusion Building a protective environment for children that will help prevent and respond to violence, abuse and exploitation involves eight essential components: Strengthening government commitment and capacity to fulfil children's right to protection; promoting the with

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establishment and enforcement of adequate legislation; addressing harmful attitudes, customs and practices; encouraging open discussion of child protection issues that includes media and civil society partners; developing children's life skills, knowledge and participation; building capacity of families and communities; providing essential services for prevention, recovery

and reintegration, including basic health, education and protection; and establishing and implementing ongoing and effective monitoring, reporting and oversight. It is only with the ratifying of the Child Rights Convention that children's rights to participation began gaining formal recognition, although several NGOs had initiated processes to enlist participation of

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children and young adults long before the UNCRC. There is, however, no universal or accepted definition of child participation. Various groups and individuals have defined it according to their own understanding. There is still a fairly long journey before this 'inclusion' of children's participation is internalised and accepted widely.

FOOTNOTES 1. 2. 3. 4. 5.

See, for example, Child Protection Information Sheet, “What is Child Protection”, available at http://www.unicef.org/chinese/protection/files/What_is_Child_Protection.pdf Dan O'Donnell, CHILD PROTECTION- A HANDBOOK FOR PARLIAMENTARIANS, SRO- Kundig, Switzerland, 2004, pp. 10, available at http://www.childlineindia.org.in/pdf/nicp_faq.pdf (accessed on 22nd June, 2012) Ibid. Supra note 2 THE ESSENTIALS OF CHILD PROTECTION, CHILDLINE India Foundation, Plan India, Silverpoint Press Pvt. Ltd., Mumbai, 2008, pp. 50, available at http://www.childlineindia.org.in/pdf/Essentials-of-child-protection-Oct%2008.pdf (accessed on 24th June, 2012)

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 38-44 RN: 2-W/12/NS/2-3 Corresponding Author: Neha Shukla email: nehashukla17.5@gmail.com

Child Labor - A Violation of Right to Education of Child by Niteesh Km Upadhyay, Neha Shukla#

Abstract

WBNUJS, Kolkata, INDIA Dept of Commerce, University of Delhi, New Delhi, INDIA #

hildhood is most innocent phase of every one's life. But it is not the case with many children in India and across the world. Child labor is the reason for destroying the innocent childhood of millions of children across the globe. Child labor refers to the employment of children at regular and sustained labor. If we talk about children's right to education the biggest barrier to it is child labor as it still continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. Children are universally recognized

as the most important asset of any nation. . The UN convention on the rights of the child proclaims in article 6 that every child has the inherent right to life and the state parties shall ensure to the maximum extent possible the survival and development of the child .the government to India has ratified the convention in December 1992 but with the solitary rider in the relation to Article 32 due to wide spread poverty and illiteracy which are some of the reason beyond its control. Still besides many national and international laws the problem of child labor is present which hampers the right to education of children . to fulfill the goal of higher literacy rate in the nation first of all the problem of child labor needs to be removed only then can we dream about exercising proper child rights in the nation.

KEYWORDS

Children's Rights, Child Labour, Right to Education Act

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The most innocent phase in human life is the childhood. It is that stage of life when the human foundations are laid for a successful adult life. But it is not the case with many children in India and across the world. Child labor is the reason for destroying the innocent childhood of millions of children across the globe. If we talk about children's right to education the biggest barrier to it is child labor as it still continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. H o w e v e r, c o n s i d e r i n g t h e magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. Children are universally recognized as the most important asset of any nation. The future of the nation depends directly on how they are brought up and cared for that's why the universal declaration of Human Rights adopted way back in 1948 which had proclaimed that childhood was entitled to special care and assistance. The UN convention on the rights of the child proclaims in article 6 that every child has the inherent right to life and the state parties shall ensure to the maximum extent possible the

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survival and development of the child .the government to India has ratified the convention in December 1992 but with the solitary rider in the relation to Article 32 due to wide spread poverty and illiteracy which are some of the reason beyond its control. Child Labor is the universal problem and it's very much in picture in developing countries like India. In India poverty had prevented governments from expanding mass education and compulsory education program. There are many instances seen in the past where a large number of child labor are seen working in the industries like match industry of sivakasi , glass industries of Firozabad pottery industry of khurja , gem polishing industry of jaipur or the lock industry of Aligarhetc. There are various reasons why we find child labor near us like ,Child labors are always better than adult workers because they work for longer time and most of the time underpaid so they are source of cheaper Labor and we also know that education is not very wide spread with all the sections and all the parts of the country and lack of education is one of the biggest problem which helps in fostering the growth of the child labors and Vice versa Failure of various educational schemes also added to the increase in the number of child

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l a b o r, U n e m p l o y m e n t a n d Underemployment of the parents and major members of the family, Use of drugs and alcohols by the parents and the guardian of the child also helps in the increase of the child labor. Homelessnes, Wide spread poverty in the country, and Other problems like single parenthood, population explosion, traditional occupations and parental attitudes, lack of minimum wages and Most importantly illiteracy of parents etc Some Times child labor becomes a necessary evil and child voluntary enters to work to protect his family from starvation but we know that the exploitive child labor is a evil it cannot be uprooted overnight as it is deeply entrenched in the problems of poverty , illiteracy and overpopulation are the few main reasons of child labor in India. We know that by working in hazardous industry and its ancillary activities shows a dearth of opportunities for them to access even basic rights such as primary education and healthcare. That they are being forced to take on adult economic roles in the most exploitative conditions in order to help their families survive, is certainly not an indicator that sets us on track to achieve the Millennium Development Goals (MDG) goals emphasized in the 11th Five Year Plan especially for these social groups. This paves the route to

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socio-economic disparities in India's children and according to the report of ILO there is most number of child labors are founded in Asia-Pacific regionand if we talk about India as per the census of India the number of child labors between age group of 5 to 14 years are given below; 1971= 10.75 million,1981=13.64 million,1991= 11.28 million ,2001= 12.66 million About 5.77 million children can be classified as main workers and the rest 6.88 million as marginal worker. Main workers are those workers who work more than 183 days in a year and Marginal worker are those who work less than 183 days in a year.

Who is a Child Labour? Child Labour is conventionally defined as a working child between age of 5 to 14 years who are doing labor or engaged in economical activity either paid or unpaid or underpaid .

right to play , leisure and healthy growth and we can say that Children are deprived of their childhood itself  Child labor creates and perpetuates poverty and also helps to increase child labors in future generation..  It condemns the child life of unskilled, badly paid work and ultimately leads child labors with each generation of poor children undercutting wages.  Children are deprived of their free mental, physical, spiritual and psychological growth . So in short we can say that Work at too early age take their right to education, exerts physical, social and psychological stress. work also undermines children's dignity and self esteem which is detrimental to full social and psychological development take away their right to play and enjoy childhood and is also a main cause of putting them as underpaid worker throughout the life.

Consequences of child labour Child labour is a concrete manifestation of the violation of the rights of children, especially the right to education and development. Working at a young age has many adverse and direct consequences and also the below mentioned consequences.  Children are deprived of their right to education due to which there is a high dropout rate of children from schools.  Children are deprived of their

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Child Labour and Right to Education Child labour and illiteracy go hand in hand as one tends to breed the other. Numerous studies have examined the impact of education on the incidence of child labor . Most of child labors are either illiterate or partially literate. The parents of child labor are also more often not literate and also no study has ever found a child labor coming from an educated family

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and to prove it we can take example of kerala state where child labor is almost non-existent because the literacy rate is very high. In case of M.C.Mehta v. State of M.P the court has held that the employment of child hampers Childs growth and development and the court further emphasized that it is necessary that special facilities for providing the quality of life of children should be provided. This will require facilities for education, scope of recreation as also providing opportunity for socialization. Facility for general education as also job oriented education should be available and the school time should be so adjusted that employment is not affected. Article 45 Directive Principles of the Constitution having made it the duty of the State to provide free and compulsory education to all children up to age fourteen years. Mohini Jain V State of Karnataka, the Supreme Court held that right to education is fundamental right under Article 21 of the Constitution. Article 51-A (k) that it shall be a fundamental duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child/ward between the age of six and fourteen years Because the objectives of democracy, social justice, and equality can be

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achieved only through the provision of elementary education of equitable quality to all; And whereas it is also imperative to improve the present delivery system of elementary education b y, i n t e r a l i a , g r e a t e r decentralization of its management, and making it sensitive to the needs of children, especially of those belonging to disadvantaged groups. The Child Labour is the major problem due to poverty and hampers development by driving wages down putting adult out of works and denying education to the future workforce and so we can say that child Labour is due to poverty and vice versaand the root cause of poverty is illiteracy so providing education to the mine workers and child labors working in the mine is the best way to curtail down the child labor in mining sector. In Bandhua Mukti Morcha v. Union of India Court had held that right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and those opportunities and facilities should be provided to the children to develop in a healthy manner and in conditions of freedom and dignity. Adequate facilities, just and humane conditions of work etc. are the minimum requirements which must exist in order to enable a person to live with human dignity and the State

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has to take every action.

Steps taken by the government The problem of child labor continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. H o w e v e r, c o n s i d e r i n g t h e magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. Government formed the first committee called Gurupadswamy Committee to study the issue of child labor and to suggest measures to tackle it. The Committee examined the problem in detail and made some farreaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labor and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labor in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children. Based on the recommendations of

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Gurupadaswamy Committee, the child labor(prohibition & regulation)act was enacted. Laws pertaining to child labor:  Children [Pledging of Labor] Act (1933)  Employment of Children Act (1938)  The Bombay Shop and Establishments Act (1948)  Child Labor -Prohibition and Regulation Act  The Indian Factories Act (1948)  Plantations Labor Act (1951)  The Mines Act (1952)  Merchant Shipping Act (1958)  The Apprentice Act (1961)  The Motor Transport Workers Act (1961)  The Atomic Energy Act (1962)  Bide and Cigar Workers (Condition of Employment) Act (1966)  State Shops and Establishments Act Education is a tool that can play vital role in improving the socio-economic condition of the nation. It empowers citizens with analytical abilities , leads to better confidence level and fortifies one with will power and goal setting competence. But it is sad to see that such a basis and fundamental need of millions of children is not fulfilled due child labor. The government of India has drafted many plans to provide education to the masses.

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Education the only tool to fight against child labor Education is like a medicine and the only medicine that can totally cure our society from child labor . government has drafted many plans and made many acts to provide education to the weaker section of the society. The two most talked about plans of the government are  Sarva Siksha Abhiyan  Compulsory Education Act

The sarva siksha abhiyan is also known as the education for all movement or “each one teach one”. It was introduced in 20002001 as the flagship programs run by the Government of India . it was framed to provide elementary education to children of age group 6-14 years by the end of the year 2010. The aim of the program was to provide education to all thus helping in the social and economical development of all and in a way a effort to bridge the regional and gender gaps. In this program schools were open in villages and areas with less development to provide children in these regions with elementary education.

the age group of 6-14 years will be provided 8 years of elementary education in an age appropriate classroom in the vicinity of his/her neighborhood. The act also states that the state will bear any cost that hinders a child to attend school. State shall also take care of enrolling the child in the school and also regularly keeping a check on the attendance and completion of 8 years of schooling . Another important part of the act is that all private schools need to reserve 25% of their seats for weaker sections and disadvantaged communities All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfill these standards within 3 years will be allowed to function. All private schools will have to apply for recognition, failing which they will be penalized to the tune of Rs 1 lakh and if they still continue to function will be liable to pay Rs 10,000 per day as fine. Norms and standards of teacher qualification and training are also being laid down by an Academic Authority. Teachers in all schools will have to subscribe to these norms within 5 years

Complsory Education Act:

Conclusion

The Right of children to Free and Compulsory Education Act has come into force from today, April 1, 2010. Under this every child in

So to sum up we can say if we dream to provide children with their fundamental rights child labor need to be removed

Sarva Siksha Abhiyan

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Upadhyay N.K., Shukla N.

completely and it can be possible only if each and every one from the society takes up their responsibility . Now days we see that corporate are doing their best to provide education to many underprivileged children. ITC limited id providing education to over 2,80,000 rural children , in a similar way many NGO'S are working in many regions of the country an doing their part . But the problem is too deep rooted to be removed by handful of people , many of us still have small children working at our homes , then how can do we call ourselves educated when we ourselves are being a barrier in the development of a child and stopping him from exercising his fundamental right to education . If all of us educate one child at our level may be the same working at our home we can actually create a change and dream to free our society from the clutches of this evil “child labor ”. Child labor is such a big problem because of three major things  Corruption  Lack of political will  Phenomenon of educated illiterate Corruption We need not introduce anyone with this word in our country now because it has been the major issue in our nation in the last year and we are all well versed with it . Not only this it is the major problem with most of the

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developing nations like us. Although we have the best set of legislation and the best form independent judiciary but due to corruption the implementation of any kind of rules is least and mainly on paper only. Corruption has become an integral part of people's life today in countries like India and it has its roots spread in each and every department of government. Corruption weakens the thread of laws and due to it any one can play with the laws and go unpunished . We all are aware of the several plans drafted by different governments at state and union level regarding removal of child labor and providing children with basic and free education. But now hardly any one of them has been successful completely still child labor prevails full fledged and still the drop outs from the schools is high . And this is all due to corruption because of it no law has been implemented completely and been fruitful. Lack of political will If today corruption prevails to such an extend in our nation that it hampers almost the implementation of basic laws it is all due to lack of political will to

suppress it completely not only this although rules are drafted but none of them is implemented . There are ample of rules and plans for providing education to children till 14 years of age but we hardly see them being effective . It is so also because people in power are not interested in the welfare of people they lack the will to implement the rules effectively . P h e n o m e n o n o f e d u c a te d illiterates In developing countries like India the number of educated illiterates is growing day by day , although we all know about the effects of child labor but still we re m a i n s i l e n t . w e g o t o restaurant's and dhabas and enjoy our food over there and see the child working there but we remain silent then what is the use of being educated if we support a crime like child labor that ruins the life of a child for ever and stops him from exercising his most basic right that is , right to education. Thus it is the responsibility of each one of us to help the innocent childhood of millions of children to p ro s p e r w i t h t h e l i g ht o f education. The New Ray of Hope case of

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Society for Un-aided Private Schools of Rajasthan versus U.O.I. & Anr Supreme court held that the Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall reserve 25% seats for students of weak classes and apply to the following: (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school including aided minority school (s) receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided non-minority school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. This decision had shown a ray of new hope but we must concluded by saying that we need the support of NGO'S , Government , corporate , and other stakeholders to fight with the problem of Child Labor so that we can give those child Labor the right to Education.

FOOTNOTES 1. 2. 3.

Volume 50 JILI 2008 p 143 Burra Nerra, born to work , oxford university press , ed 2 1998 Institute for World Congress on Human Rights January 1997, New Delhi. http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW &BaseHref=CAP/2010/05/10&PageLabel=10&EntityId=Ar01000&ViewMode=HTML&GZ=T visited on 22/06/2012

12:00 AM IST.

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5. 6. 7. 8. 9. 10.

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Prasad Narendera, kanishka publishers distributors New Delhi, ed-1 2001, p 105 Kumar vijay , child protection challenges and initiatives , icfai university press 2008 ,p19 Y.S Reddy Anmol Publications Pvt .LTD New Delhi, Ed -1, 1999, p 4. 50 JILI 2008 p 153 A.I.R 1999 S.C.41 (1992 AIR 1858) http://www.right-to-education.org/node/680 visited on 23/06/2012 12:45 AM IST

11. http://www.education.nic.in/elementary/RighttoEducationBill2005.pdf visited on 20/06/2012 11:20 AM IST 12. Child Labour and the right to Education in south Asia, Needs versus Rights , SAGE Publications New Delhi, ed-1 2003 13. [1984] 3 SCC 161

14. http://login.westlawindia.com/maf/wlin/app/document?&src=rl&srguid=ia744cc630000012e7c656fcd16cfc33b&do cguid=I1ADCB3E033AB11DF83CF9281592106AC&hitguid=I1ADCB3E033AB11DF83CF9281592106AC&spos=10&epo s=10&td=33&crumb-action=append&context=17 visited on 22/06/2012 12:I0 PM IST 15. 16. 17. 18. 19.

1979. 1986. http://labour.nic.in/cwl/childlabour.htm. visited on 22/06/2012 08:00 PM IST http://india.gov.in/spotlight/spotlight_archive.php?id=31 visited on 21/06/2012 07:00 AM IST. http://www.icbse.com/2010/education-rte-act-2009/ visited on 22/06/2012 12:59 PM IST

20. http://www.indiankanoon.org/doc/182531720/ Visited on 26/06/2012 at 10:33 PM IST.

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 45-49 RN: 2-W/12/AR/2-3 Corresponding Author: Ayesha Raees email: araees847@gmail.com

Exploring the emerging conscience: A study of 6 - 8 year old children's moral reasoning in selected situations by Ayesha Raees, Nandita Chaudhary

Abstract

Dept. of Human Development, Lady Irwin College, University of Delhi, New Delhi, INDIA

he study was aimed at understanding moral reasoning given by children in the age group of 6 to 8 years under selected situations. Children's justifications for actions, presence of subjective responsibility, orientation towards justice/care and sensitivity towards rewards are some of the phenomena that were explored. Age wise trends were investigated in order to

ascertain the emergence of conscience at an early age. The findings revealed clear age and gender trends in moral reasoning given by the children and also in the influence of positive reinforcement as assessed through the tools of this study. It was evident through the findings that children's moral development follows different pathways.

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Introduction Over the centuries, attitudes towards children and childhood have shifted drastically. There are a l s o p ro fo u n d d i st i n c t i o n s between different cultures regarding the treatment given to children and interpretation of what children perceive (Gittins, 1998). Very young children once considered inept for conscientious decisions and oblivious to rules and values, are now seen as having rich consciences (Eisenberg, 1998). These beliefs about children have been part of folk knowledge since centuries. Young children are initially believed to be almost totally dependent on e x t e r n a l r u l i n g , g ra d u a l l y becoming increasingly guided by inner mechanisms towards increasing self-regulation. Inner guidance systems are likely to be the most effective when it comes to ensure people's compliance with shared rules and standards (Sears, Rau & Alpert, 1965). These inner guiding systems generally described as conscience or the 'inner voice', guide one's thoughts and actions. But when does conscience emerge and what are its earliest forms? Freud proposed that the child develops the superego around the age of four or five years. It is an important step in the socialization of the individual. In early childhood, parents teach the child what is right and what is wrong through pleasure and pain. These external inhibitions are

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internalized by the child who sees moral rules as far more important than consideration for people. The inhibitions built at an early age create a sense of guilt, fear and anxiety when the child transgresses the rules of authority. The conscience has two aspects, the superego that is formed unconsciously at a very early age and the ego-ideal which is formed gradually at a later stage, is a creative aspect of moral self (Kuppuswamy, 1974). Maccoby (1983, 1999) noted that at times, children adopt a willing stance towards parental directives and demands which serves as a critical ingredient in the development of conscience. Also there is a striking array of difference in the developing conscience amongst children which has dual roots: children's temperamentally based differences and qualities of early socialization, particularly in the context of caregivers (Maccoby & Martin, 1983). Rest (1979) asserts, moral reasoning is thought to be one's conceptual and analytical ability to frame socio-moral problems using one's standards and values in order to judge the proper course of action (Sivanathan & Fekken, 2002). By ages 4Â˝ to 5, children begin to explain reasons for moral judgments. Older preschoolers can often state the reason for a rule and increasingly can explain moral concepts such as fairness

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and responsibility (Davies, 2011). Five contemporary lines of approaches guide the understanding of morality for this study: the CognitiveDevelopmental, Domain, Two Orientations, Role-Taking and Hedonistic-Needs Orientation. Based on the preceding discussion, the objectives of the study were: To investigate children's responses to tasks presenting choices having moral connotations To understand children's orientation towards subjective responsibility in their responses To explore evidence of morality of justice and morality of care in children's responses To investigate the influence of p o s i t i ve re i n fo rc e m e nt o n children's selections. Method The sample consisted of 30 children (equal number of boys and girls) in the age group of 6 to 8 years (10 children from each of the age ranges). A combination of convenience and purposive sampling techniques was applied for the selection of school and children respectively. The research d e s i g n fo r t h e st u d y wa s qualitative. Different tools were designed for each objective of the study which can be divided into reasoning and performance tasks including an introductory game. The tools consisted of stories and

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games prepared after detailed referencing of existing methods. Semi-structured interviews were conducted after every task to gain in-depth understanding of the subject matter. The prepared tools were pre-tested on 6 to 8 year old children. The data were collected individually to a large extent with all test items presented in Hindi. The responses were audio recorded, transcribed, tabulated and categorized using Microsoft Excel. The data obtained were d e s c r i p t i ve i n n a t u re a n d subjected to content analysis which was followed by category and concept formation through the process of recursive abstraction. Findings The findings are organized around the objectives of the study. Within the sample, clear age and gender trends in moral reasoning given by the children were evidenced and also in the influence of positive reinforcement as assessed through the tools of this study. Children's responses to task presenting choices having moral connotations This 'Maze Task' was aimed at discovering who is important for children or what their priority is when faced with multiple choices related to helping: an unknown person (old lady) or a known person (mother),

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giving food to a hungry animal or enjoying with friends? The findings indicate that the Mother's call was the first choice for most of the children (more so for boys than girls) followed by old lady, friends and lastly, a hungry cat. Preference for mother gradually decreased and children increasingly said that they would and should assist the old lady as they got older within the sample. Children's orientation towards subjective responsibility In order to understand children's orientation towards subjective responsibility at an early age, an animated story was shown to them which had both rule-bound (objective) and altruistic (subjective) orientation. Children were asked to choose to award a prize between two characters, one of them had played according to the rules while the other one had helped and achieved the final target without fulfilling one of the obligations (climbing the ladder). Children could choose both characters, either one or no one, based on their ability to take all factors into consideration. Most children chose to award both characters and either or seemed to be more an adult proclivity. Children's reasoning indicated that they become capable of subjectively looking at a problem even at a young age of 6 years. A decreasing trend was seen with respect to

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increasing age in choosing both the characters. Although 8 year olds perceived rules as important, still they gave more preference to the character that is helpful to others even if he did not play according to the rules. Evidence of morality of justice/ morality of care To find out the evidence of morality of justice/ care, a dilemma was presented as a story where a friend is shown to have eaten mangoes from the teacher's bag because he was very hungry and asks one of his friends not to tell the teacher. The friend promises not to tell the teacher. However, on account of the act, a third friend gets scolded. The dilemma lies in keeping the promise to a friend or telling the truth to the teacher. Overall it was found that children were equally oriented towards morality of care (here keeping a promise) and morality of justice (here telling the truth). Age wise distribution showed that 6 year old children were more inclined towards morality of care and with increasing age the orientation shifted towards justice. Within the sample, with increasing age, justice became important than keeping a promise (as proposed by Kohlberg) among boys. The opposite trend was seen in girls' responses in consonance with research by Gilligan (1982). Girls were found to be more relational

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in their orientation. Children who responded that saving the friend is more important, saw truth telling as offending and being disloyal to the friend. Influence of positive reinforcement To observe the influence of positive reinforcement on the selections children make, 'Picture Card Task' and 'Character Change Task' were designed. In Picture Card Task, 10 neutral pictures of objects, persons and surroundings of which children are aware, were shown. Each child was asked to choose five of them while the remaining five were marked with 'Pink stars' as reward in the child's absence. Again the child was asked to choose but this time with the mention that cards with pink stars are 'Star cards'. The point was in assessing whether their choices remain the same or change subsequent to the assignment of a star to the unselected cards. It was found that after the non-selected items were marked with stars, none of the children stayed with

their original choice, although the extent to which the children were influenced was found to vary. A decreasing trend was seen with respect to age. The change was more prominent in girls as compared to boys. In girls' responses, there was a downward loop whereas in boys' responses, it was going upwards and then coming back. The Character Change Task (although not an ideal task) was intended to observe children's command over their urge to receive a reward. For this task, children were asked if they would readily and out of their own free will, agree to researcher's wish to interchange the headdress of two characters- a doll (wig) and a bull (horns), to gain reward? Almost all (27 out of 30) children changed the head-dress (putting horns on the doll's head) for attaining the reward with boys complying slightly more than girls. A decreasing trend was seen with respect to age within the sample. Younger children were found to be more willing to change their

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selections. Most 8 year old children could not defy their conscience and chose not to be rewarded for acts which came under the category of unethical acts. Conclusion Children's choices linked to moral issues were almost equally hedonistically and needsoriented. Children's reasoning indicates the significant presence of subjectivity, care and empathy in the emerging conscience. Girls were found to be more relational in their orientation whereas boys were found to be more justiceoriented. Children's responses were found to be sensitive to reward by the researcher (more so for girls). The findings support more of Gilligan's and Eisenberg's claims and less supportive of Kohlberg's and Piaget's stages of moral development. The presence of intra-group differences compels us to mention that there might be a 'moral age' phenomenon behind such diverse responses with respect to age.

REFERENCES Davies, D. (2011). The course of child development: Preschool development. In Child development A practitioner's guide. (pp. 287-294). New York: Guilford Press. Eisenberg, N. (1998). Introduction. In W. Damon (Series Ed.), Handbook of child psychology, N. Eisenberg (Vol. Ed.), Social, emotional, and personality development (5th ed., pp. 124). New York: Wiley.

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Gittins, D. (1998). Are children innocent? In The child in question (pp. 145-147). London: MacMillan Press Ltd. Kuppuswamy, B. (1974). Moral development. In Textbook of child behavior and development (pp. 158 -174). New Delhi: Vikas Publishing House.

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Maccoby, E.E., & Martin, J.A. (1983). Socialization in the context of the family: Parent-child interaction. In P. H. Mussen & E.M. Hetherington (Eds.), th Handbook of child psychology (4 ed.,Vol. 4, pp 1102). New York: Wiley. Rest, J. (1979). Development in Judging Moral Issues. Minneapolis: Unversity of Minnesota Press

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Sears, R. R., Rau, L., & Alpert, R. (1965). Identification and Child Rearing. Stanford, California: Stanford University Press. Sivanathan, N., & Fekken, G.C. (2002). Emotional intelligence, moral reasoning and transformational leadership. Leadership and Organization Development Journal, 23 (3/4), 198204.

ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 50-53 RN: 2-W/12/PRC/2-3 Corresponding Author: Payel Rai Chowdhury email: payelrc03@gmail.com

Right to Primary Education and Children with Disabilities by Payel Rai Chowdhury

Abstract

Vivekananda College, Kolkata, INDIA

he Constitution (86th Amendment) Act 2002 which has made free and compulsory education aright of all children from 6 to 14 years of age, gave further thrust to the goal of universal primary education. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 provides that every child with a disability shall have access to free education until 18 years of age. This is a statutory responsibility cast on all appropriate governments in the country. The Ministry of Social Justice and Empowerment, the nodal Ministry for disability issues estimates the number of children with disabilities having special needs as five percent of the total population of the country. One of the focus areas of universal primary education is to increase access, enrolment of all

children and reduce school drop outs. The emphasis is also on providing equality education to all children and needs of children with disabilities support to them in regular schools and giving them an opportunity to receive education in the most appropriate environment. Hence, education of children with disabilities is considered an important area that requires a great deal of technical expertise to deal with the problems of children having different kinds of impairments. The impact of the legislative recognition of right to education of children with disabilities is that the programme of Integrated Education for Disabled Children (IEDC) has been commenced in each State, District and Metropolis. Naturally, two questions arise in the existing situation: (a) whether the programme of integrated education for children with disabilities can

KEYWORDS

Children with disabilities, special need education, Right to Free and Conpulsory Education

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can be offered to those children who cannot benefit fully by going to regular schools? (b) whether some children with disabilities require specialised services offered through special needs schools ? Hence, there is a need to evaluate the existing educational scheme with special reference to primary education developed through legislations in Kolkata Metropolis and suggest schemes supported by law for the benefit of students with disabilities. The education of children with disabilities has to be organised not merely on humanitarian grounds, but also on grounds of utility and as a constitutional requirement under Article 21-A. Proper education generally enables a disabled child to largely overcome his/her handicap, and makes him or her a useful citizen. Social justice also demands and it has to be remembered, as pointed out above, that the constitutional directive on compulsory education under Article 21-A includes children with disabilities as well. Very little has been done in this field so far on account of several excuses. There is much we could learn from the educationally advanced countries which in recent years have developed new methods and techniques based on a d va n c e s i n s c i e n c e s a n d medicine. It may be reiterated that the primary task of education for a disabled child is to prepare him for his socio-cultural environment. It

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is essential, therefore, that the education of children with disabilities be an inalienable part of the general educational system. The differences lie in the methods employed to teach the child and the means to acquire information by the child. These differences in methodology do not influence the content or goals of education. This form of education is, therefore, referred to as special education. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 notified on 1st January, 1996 has not been effective so far because the handicapped arc not getting equal opportunities as envisaged by the Act. They are also not able to exercise their rights even after admission to regular schools. This prevents their full participation in life with others Although the National Policy on Education, 1986 (modified in 1992), stated, “the objective should be to integrate the physically and mentally handicapped with the general community as equal partners, to prepare them for normal growth and to enable them to face life with courage and confidence”, the ground realities are quite d ifferent. T h is p o licy als o envisages “wherever it is feasible, the education of children with motor handicaps and other mild handicaps, will be common with that of others”. But in reality, most schools turn away even mildly handicapped children. The Act,

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though general in nature, is silent on reservations for handicapped students in schools and colleges. Section 39 of the Act provides, “All government education institutions and other educational institutions receiving aid from the government, shall reserve not less than three percent seats for persons with disabilities”. But this section occurs in the chapter relating to 'employment' and cannot be interpreted as providing three percent reservations for a d m i s s i o n o f h a n d i ca p p e d students to various seats in the educational institutions. A similar provision should have been inserted in Section 26(b) of the Act which deals with 'education'. It appears that the intention of the drafters might have been that Section 39 would take care of reservation for students also, but that is not possible in view of interpretative technicalities. This is an apparent legislative defect. The reason may be the fast tracking of the impugned Bill, passed without debate in December, 1995. It does not appear that the drafters intended to keep handicapped students away from schools and other academic and educational institutions. Had that been so, they would not have incorporated other beneficial provisions in the Act to provide concessions to such students. For example, Section 30 refers to the provision of “transport facilities to the children with disabilities and financial

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incentives to parents and guardians to enable their children with disabilities to attend school”. It also provides for “removing architectural barriers from schools and colleges, supplying books, uniforms and other materials to children with disabilities attending schools, grant of scholarship to st u d e nt s w i t h d i s a b i l i t i e s , restructuring of curriculum for the benefit of children with disabilities” and a number of other facilities. When the legislation provides for three percent reservations for all jobs in both government and aided schools including teachers with disabilities, how could it not provide for reservation of scats in academic institutions for students with disabilities? It definitely appears to be a case of an unintentional oversight and not intentional neglect or discrimination on the part of drafters. If not, Section 8(2) (f) would not have been in the Act which requires taking steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions. Section 8(2)(g) further directs monitoring and evaluation of the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities. It will not be possible to implement these policies without admitting the disabled students to schools and other educational institutions at a

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muchlarger scale. The Act needs to be amended and a clause may be appropriately added to Section 26 providing that every school and any other institution, whether government or non-government, aided, unaided or autonomous, shall admit in every class such percentage of disabled students as prescribed, not less than five percent, reserving at least one seat for each of the groups with: (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy. The education scheme for children with disabilities comprising Section 26 to 31 is uncertain and confusing. Though “special education” and “special schools” have been predominantly mentioned at several places in Section 26(c), their scope and ambit has not been defined anywhere. Therefore, Act seems to lean towards a segregationist education. However, the use of the term 'integration' in Section 26 (b) and 'integrated schools' in Section 29, shows that the integrationist school concept has a presence here. As far as 'inclusive' education is concerned, even though the term itself is conspicuous by its absence; Section 26 (a) which envisages 'appropriate' environment, hints of an endeavour towards inclusive education in the Act. Other provisions that lend a more credible basis to the view that inclusive education has been

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promoted in the Act, are provisions such as Section 28 which provides for designing and developing new assistive devices, teaching aids, special teaching materials and other such items necessary to provide 'equal opportunities in education' to a child with disability; and clauses (f), (g), (h) of Section 29, which provides for suitable modification in the examination system through elimination of purely mathematical questions for the benefit of blind students and those with low vision (f); restructuring of curriculum for the benefit of children with disabilities (g); restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum (h). Section 31 also stipulates that al1 educational institutions shall provide amanuensis (scribes) to blind students and students with low vision. However, these words are bound to fail in the absence of any ideological underpinning. Much improvement - both in language and concept - is called for in these provisions: the term 'normal' schools presumably intended to be 'mainstream' schools, is only one example. As already pointed out, the phrase, appropriate environment' is inadequate and ambiguous, since it fails to lay down any standard of the appropriateness of the

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environment. In fact, in the absence of any qualifying words, there is a certain danger that segregation could be pushed as being appropriate. Further, provisions like clauses (f), (g), (h) of Section 29 are also inadequate for the same reasons; since they fail to clearly define the purpose for which these modifications and restructuring is needed and also fall short of making a definite statement in infavour of inclusive education. If the intent is to take up these exercises towards inclusive education, then the changes ought to have reflected the effective factors of inclusive education: such as access in the

general curriculum, the medium and mode of teaching, the learning tools and material, access to the teaching, methods of assessment and most importantly, compulsory training of all teachers (not just special educators but all those teaching in mainstream institutions) to develop the skills and knowledge necessary to equip them to teach children with disabilities as well. In fact, some of these provisions plainly betray faulty assumptions, such as clause (f), which assumes an inability on the part of the blind or low vision students to learn mathematics, which is unwarranted since their only limitation is of access and

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tools. Section 28 does provide for designing and developing new assistive devices, teaching aids, special teaching materials or other such items necessary to give a child with disability 'equal opportunities in education', but it could be better worded to extend beyond just equal opportunities in curriculum and academics, to a totally interactive learning process, thereby implying the integration of all students, disabled and non-disabled. Therefore, the Act needs to be suitably amended to do away with its uncertainties.

FOOTNOTES 1. For details visit www.socialjustice.nic.in. 2. See, Sudershan Vaid, “Children with Disabilities and Challenges in Education”, Suniye : 3rd Annual Day Celebrations 5-8 (1998). See also, Anil Maheshwari, “Media and Human Rights of Persons with Disability”, 4 Dhun 20-24 at 22 (1999). 3. Sections 26 to 31 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 provide that the appropriate Government and local authorities shall provide a comprehensive education scheme for disabled students emphasizing the access to free education, integration of students with disabilities in the regular schools, setting up special schools, vocational training facilities, schemes and programmes for non-formal education, schemes providing for transport facilities, supply of books etc.

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 54-59 RN: 2-W/12/AK/2-3 Corresponding Author: Ananya Kapoor email: ananyakapoor@gmail.com

Quality educationMyth or reality in india? by Ananya Kapoor

Abstract

Dr. Neeraj Shukla is Assisstant Professor in Kalicharan PG College, University of Lucknow. Shalini Singh and Shubhangi Rajput are Reseach Scholars.

he real challenge before democratic India today is the struggle to achieve the very spirit of equality, dignity and liberty as enshrined in the PREAMBLE to our Constitution. The preeminent question before us is whether this equality and dignity is being made available to the children, who are the future of our nation. Our Government provides policies and regulations to ensure that the educational system caters to the overall development of the child and makes him/her into a strong, confident and a visionary citizen of the nation. Unfortunately, achieving the same has been a herculean task due to economic, social and political constraints. However, the Government

alone is not to be criticized, as it is not just the mere lack of 'political will' but also more importantly the 'social will' which has largely been the reason for non-fulfillment of the objectives. It cannot be said that a child is living with dignity and equality, unless he is allowed to recognize his full potential and is given a platform to grow and strengthen his qualities. A mandatory obligation ought to be imposed on the Government and the civil society to ensure that such provisions are made. The Judiciary has been a savior in this regard and has laid down myriad principles and rules to ensure that protection is given to children belonging to all sections.

KEYWORDS Human Resource Development, Organization, HR Function, Decentralization.

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Introduction In today's era, the hallmark of a h e a l t hy d e m o c ra c y i s a prosperous and developed society where all members and individuals are given opportunities to recognize and exploit their potential to the fullest. Children are the pillars of the social structure. Since time immemorial there have been international conventions and national legislations with the intent of protecting the children against social evils and develop in all spheres of life. In India, the Constitution being supreme law of the land, has laid down myriad provisions to safeguard the child and its childhood against the social hazards and to allow them to utilize their capacities. The preeminent question before us today is, if children are so essential and vital for the functioning of democracy today and more a better tomorrow of the nation, then why has their interests not been given the due need and importance that it requires. The author proposes to examine the nature of educational system in India. Right to Education in India Education is the most potent mechanism for advancement of the society. It enriches a man's intellect and helps him improve his approach to several aspects in life. The significance of education was very well explained in case of

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Brown v. Board of Education, in following words: "It is the very foundation of good citizenship. Today, it is principal instrument in awakening the child to cultural value, in preparing him for later professional training and in helping him to adjust normally to his environment. " In 1948, the United Nations made its own pronouncement on compulsory education. Article 26(1) of the Universal Declaration of Human Rights made free and compulsory education a lofty if not enforceable goal. It states: "Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit." The importance of this right in India was recognized well before independence. However, financial constraints and importance to other issues prevented the Constituent Assembly from making this into a Fundamental Right, enforceable by/ against the State. Initially, the interpretation of this right was found in Article 45 and Article 46. However, the year 2002, witnessed a change in the Constitution, brought in by the 86th Amendment Act, 2002 which made primary education a

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Fundamental Right through the inclusion of new Article 21-A. Finally in 2009, the Right of Children to Free and Compulsory Education Act, 2009 was passed by the Union Parliament. Now, every child of the age of '6-14' years will have the right to 'free' and 'compulsory' education in a neighborhood school till completion of his/ her 'elementary' education. Judicial Precedents The Apex Court in Unni Krishnan, J.P. & Others v. State of Andhra Pradesh & Others held as under: "_ right to education is implicit in and flows from the right to life guaranteed by Article 21. That the right to education has been treated as one of transcendental importance in the life of an individual [and] has been recognized not only in this country since thousands of years, but all over the world. _ without education being provided to citizens of this country, the objectives set forth in the Preamble to the Constitution cannot be achieved. The Constitution would fail." In Mohini Jain v State of Karnataka, interpreting Article 21, the Apex Court held that - “We think that the right to life includes the right to live with human dignity and all that goes along with it, namely the bare necessaries of life such as adequate nutrition,

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clothing and shelter and facilities for reading, writing and expressing oneself.” Further the Supreme Court in M.C. Mehta v. State of Tamil Nadu the Supreme Court observed that, to develop the full potential of the children they should be prohibited to do hazardous work and education should be made available to them. In this regard the Court held that, the government should formulate programme offering job oriented education so that they may get education and the timings be so adjusted so that their employment is should not be affected. Again in BandhuaMutiMorcha v. Union of India, Justice K. Ramaswamy and Justice Sagir Ahmad, observed, illiteracy has many adverse effects in a democracy governed by rule of law. The Court held that"A free educated citizen could meaningfully exercise his political rights, discharge social responsibilities satisfactorily and develop a spirit of tolerance and reform. Therefore, education is compulsory. Primary education to the children, in particular, to the child from poor, weaker sections, Dalits and Tribes and minorities is mandatory. The basic education and employment-oriented vocational education should be imparted so as to empower the children within these segments of the society to retrieve them from poverty and, thus, develop basic abilities _ to live a meaningful life _

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Compulsory education, therefore, to these children is one of the principal means and primary duty of the State for stability of the democracy, social integration and to eliminate social tensions." Quality Education In all aspects of the school and its surrounding education community, the rights of the whole child, and all children, to survival, protection, development and participation are at the centre. This means that the focus is on learning which strengthens the capacities of children to act progressively on their own behalf through the acquisition of relevant knowledge, useful skills and appropriate attitudes; and which creates for children, and helps them create for themselves and others, places of safety, security and healthy interaction. Quality education would be one, which is open to change and evolution based on information, changing contexts, and new understandings of the nature of education's challenges. New research ranging from multinational research to action research at the classroom levelshould be an integral part of such education. Unfortunately, India is far from achieving an education that p ro v i d e s fo r s u c h q u a l i t y education at all levels. World Bank Director Education Elizabeth M King said in the World Innovation

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Summit for Education that “It's not enough that you are putting more children into schools and colleges each year, you will have to bring them at par with international standard.” As per the ASSOCHAM study, India is at the last position in terms of quality of secondary education while Russia and Brazil had maximum scores. The quality of tertiary education in India is lowest among the other emerging nations. The points it scored on the scale of 2, was 0.1. Real development lies with the inclusion of all the people and for that quality education is the key. Quality education caters to overall personality development of an individual. It gives them the power to become independent and to understand the nature of several problems and take decisions for their welfare and benefit, which in long run shall lead to welfare of the whole society. O u r s c h o o l sy s t e m s emphasize memorization especially at young ages for everything from times tables in math to the periodic table, to facts in history, biology and other fact based subjects. There are 3 problems with it. Firstly, children who might otherwise be smart and intelligent are regarding 'nonintelligent' if they are not able to memorize. Secondly, even if a student can memorize, the duration for which he/she will

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remember that memorized portion is very less. As a result of this, whenever in later life the student has to refer to what he/she had learnt 2 years back, the child will not be able to answer any question pertaining to that and will have to refer back to the books. This shows, that for the long run, the education system is not of any benefit to the child. Lastly, the students who are not able to memorize, often submit themselves to peer pressure or parental pressure and start feeling that they cannot achieve anything in life and this has a drastic effect on their mental psychology, selfconfidence and their ability to achieve something. There are growing cries to revamp India's education system, which focuses on learning outside the textbooks also. The calls for reforms include better monitoring and evaluation systems with more focus on practical applicability rather than the theoretical approach. The author is of the opinion that quality education should include the following aspects1) Good health and nutrition. 2) Early childhood psychosocial development experiences. 3) Regular attendance and family support for learning. 4) Interaction between school infrastructure and other quality dimensions. 5) Extensive focus on school

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facilities, eg, library, conference rooms, study rooms, extra classes fo r w e a ke r s t u d e n t s , a n d playgrounds and stadiums for most sports. 6) Focus on an adequate pupilteacher ratio. 7) Safe environments, especially for girls and effective school discipline policies. 8) S t u d e n t - c e n t r e d , n o n discriminatory, standards-based curriculum structures. 9) Peace Education and nonviolence. 10) Teacher competence and school efficiency and Ongoing professional development. 11) Active, standards-based participation methods. 12) Diversity of processes and facilities. Eg, adjustments in school hours and calendars, constructing day care close to schools and opening reading centres at school. 13) Using formative assessment to improve achievement outcomes. 14) O u t c o m e s r e l a t e d t o community participation, learner confidence and life-long learning. 15) Focus on Psychosocial and interpersonal skills. Education is the backbone of a nation. It is the citizens who create societies and civilizations. Natural resources are just peripheral factors, which contribute to prosperity of a society. Education is the key instrument to national human re s o u rc e d eve l o p m e nt . A n

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intelligent society and a goaloriented Government must invest in quality education,as a nation's future is dependent on it. Quality education in India is influential in determining the future of children and in turn the fate of the nation. We also have to understand that in this globalized era quality education has become a survival issue. Quality is a relative term and yesterday's quality withers away today. A nation needs to continuously update their knowledge for achieving better results for the benefit of our education system. The government has endorsed several plans and schemes to improve quality education in India. Operation black board, mid-day meal scheme, and national literacy mission are a few important ones where the success rate has beencomparatively high as compared to other policies that have been undertaken. The problem of education in India cannot be removed or targeted in isolation. Elimination of social malpractices, caste system, untouchability, and sati that are still prevalent in remote areas of India today, largely contribute to the low literacy rate. Unless such barriers and hindrances are not removed, the literacy rate will not improve, and thus the aim of quality education, will never be achieved. Thus, it is essential to focus on such social

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issues, and the government should on priority basis, provide f u n d s a n d o t h e r re q u i re d resources, to overcome all barriers as mentioned above. Conclusion At present, India has a considerable sufficient amount of goods schools and facilities but the actual need of today isto innovate and educate people in a way that t h ey ca n co m p ete i n t h i s challenging world. Quality education can help nurture the talents of our young generation that will make them excel at the global level. The author opines that, in today's era, education is the fourth necessity for man after food, clothing and shelter. To survive in

today's competitive world, quality education is inevitable and indispensable. Education is indeed a powerful tool to combat problems and challenges that man is faced with at every junctures in life. Privatization and globalization of 1991 helped to bring world-class education to India. However, the foremost question is about accessibility. Barely 1% of India's behemothic population has access to such high quality institutions like the Indian Institute of Technology (IIT's). The need of the hour is to adopt a scheme with focus on quality education in rural and urban areas and the scheme should not only be applied at higher levels of education, but at the primary level

Kapoor, A

itself. It is no doubt, that huge amount of finances are needed to uplift the education standards. Further finances are also needed for effecting monitoring and to change the mindsets of the society. The author understands the financial restraints that the government of a developing nation like ours faces. However, to say that there are no funds available at all for quality education for the youth at present is just an evidence of noncommitmenton behalf of the government. I would like to end by the inspirational, famous words of Mr. Nelson Mandela, “Education is the most powerful weapon which you can use to change the world.”.

FOOTNOTES 1. 347 U.S. 483 (1954); landmark United States Supreme Court decision. 2. Article 45- Provision for free and compulsory education for children “The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” 3. Article 46- Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.” 4. As stated in Part III of the Constitution of India 5. Article 21A- "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." 6. It received the President assent on 26th August, 2009 7. (1993) 1 SCC 645 para 166 8. AIR 1992 SC 1858 9. (1996) 6 SCC 756 10. (1997) 10 SCC 549 at page 557 11. As recognized by UNICEF, http://www.unicef.org/education/files/QualityEducation.PDF (Bernard, 1999) (Last visited on June 29, 2012) 12. http://indiatoday.intoday.in/story/quality-of-education-in-india-world-bank/1/159314.html (Last visited on June 25, 2012)

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13. 14. 15. 16. 17.

18. 19.

Kapoor, A

The Associated Chambers of Commerce and Industry of India (ASSOCHAM) is one of the apex trade associations of India. http://www.siliconindia.com/shownews/India_ranks_second_last_in_Quality_Education-nid-50034-cidOthers.html (Last visited on June 22, 2012) Carron, G. and Chau, T.N. (1996). The quality of primary schools in different development contexts. Paris: UNESCO. Beeby, C. (1966). The quality of education in developing countries. Cambridge, Massachusetts: Harvard University Press. Fountain, S. (1999). Peace education in UNICEF. UNICEF Staff Working Papers. New York: UNICEF Program Publications. Available at http://www.UNICef.org/programme/education/index.html. (Last visited on June 25, 2012) http://www.ommrudraksha.com/topic/35-need-for-quality-education.aspx (Last visited on June 20, 2012) http://articles.timesofindia.indiatimes.com/2012-04-30/nagpur/31506235_1_quality-education-educationsystem-higher-education (Last visited on July 1, 2012)

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ISSN: 2229-4872 Mindshare Int. J. Res. Dev. Vol. 2, Issue 3 (2012), pp 60-61 RN: 2-W/12/NKP/2-3 Corresponding Author: Nand Kishor Pandey email: shalinisingh.8619@gmail.com

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MINDSHARE • Volume 2 Issue 3 •

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ISSN 2229-4872

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