Section 16 of the Right To Education Act is pretty short :
No child admitted in a school shall be held back in any class or expelled from school until the completion of elementary education
This is called the no-detention policy currently in the crosshairs of the Union HRD. Most states want this repealed, the policy experts who designed this during UPA rule are predictably crying murder. In this article, I will remove some of the misleading jargon and clear the smoke from this debate. Hopefully at the end you will see the sheer scale of horrors that have been inflicted on the education sector.
It is extremely important to state in clear terms what one is up against, even more than the position favorable to ones own. In case of the no-detention policy we need to actually get a hold of what it is they are proposing in a more direct vocabulary without falling into the trap of terminology. The task starts with the following observation.
The opposite of hot is not no-hot. It is cold.
The opposite of detention is not no-detention. It is social promotion.
What on earth is ‘social promotion’ ?
Thanks for asking that. See, we are already on the path to freedom by starting to use precise terms instead of a negative. What is no-detention will just be met with “You know what is detention? It is the opposite of that”. And that opposite of detention is the law imposed on 400 Million kids in the country of India.
Social promotion is the practice of promoting a student to the next grade at the end of the current school year, regardless of when or whether they learned the necessary material, in order to keep them with their peers by age, that being the intended social grouping. [Wiki]
The opposite of this is called Grade Retention or Detention. This is the practice of making a student repeat a particular grade if they have not attained the basic learning level for that grade. A variant of this is the so called double-promotion where gifted kids can accelerate to join older students.
The pros and cons of both policies are easy searchable on Google. Let me just state them here and put them in the context of the countries and cultures they are sought to be implemented in. Before we dive into “policy wonkery” mode we need large strategic vision points rooted in reality. I list a few below.
- India is not like Norway, we are a developing country with real constraints in teaching, measurement, and infra.
- India needs a very strong layer of high achieving human capital that can pull the wagons if we want to get out of third world
- India cannot afford mediocrity as the normative vision because a culture of excellence pulls up the median and a culture of mediocrity pulls it even further down.
- India has real issues with equitable access – I have seen many experts who design policy teach their own kids at home using the latest tools on iPads but for the bulk of population the school is the only place where learning happens
- India has a sectarian legal regime in education unlike any other country. Any “policy think tank” that ignores the legal landscape is just plain dishonest and probably corrupt. I will come to this at the end of this post.
Social Promotion : The main argument is that making a student repeat a grade adds to mental stress, lowers their self esteem, and could cause them to drop out altogether. The UPA govt supported by every think tank justified it as – “because examinations are often used for eliminating children who obtain poor marks.. Compelling a child to repeat a class is demotivating and discouraging”. To replace tests, a system called CCE (Comprehensive and Continuous Evaluation) was introduced. ( See “Jiten gulped his tiffin” ) One might wonder what does CCE have to do with no detention. If CCE is just another form of testing, maybe holistic- what if a student shows deficiency in that too? CCE is just a way of assigning high enough weights to non learning factors such as social, personality, attitudes and values displayed. It would then be impossible to separate the wheat from the chaff and measure to any degree of robustness the actual learning that took place vs the other parameters.
The biggest lie peddled by the experts is that social promotion is the ‘settled’ position all across the world. In USA this is still a burning debate. With all its money, high quality of teachers, and heated swimming pools in public schools – school districts from Chicago to Florida to NY, retention and exhaustive testing is the norm. Not social promotion. The testing happens for science, math, english not on extraneous secondary effects like attitudes and values.
Here is Bill Clinton in 1997 calling for a total end to social promotion
“I challenge every school district to adopt high standards, to abolish social promotion, to move aggressively to help students make the grade through tutoring and summer schools and to hold schools accountable for results.” Bill Clinton in LA Times
Indians should not be misled into believing that USA partisan politics is at the same level as that in India. Democrats and Republicans are not very far off when it comes to the issue of testing. Florida improved its reading scores dramatically after grade retention and now outperforms every state on fourth grade reading test. Canada, Germany all wealthy countries do not have a mandated social promotion policy. The single most notable feature in Indian Edu law (ignoring the sectarian nature) is that these burning debates which are happening in the academic circles and in state legislatures are presented as if they are settled issues when the experts return to Delhi. There is no evidence I can find online that our experts in UPA – to be fair the BJP opposition to – have considered any of the global trends and placed them in a third world context.
Social promotion works in developed countries and in upmarket schools that are equipped to deliver what is known as ‘tracking’. Tracking is the process where a teacher is able to handle a class with a wide spread of abilities in kids. The learning levels of each kid is tracked and the appropriate lessons are tailormade. For example a high achiever in Class 5 is encouraged and kept engaged by giving her a tougher homework than a boy who is tailing. As you can see this requires a very high level of teacher training. The stakes are very high because remember what I mentioned earlier, you simply cannot afford to drop the high achiever. These are your future ‘load pullers’ of your country in various sectors from sports to social science to inventors. You also need extremely proficient principals who can monitor these teachers. It is easy to slip up and teach to a low-average level. The high achievers are pulled down but they clear the tests of course but could display attitudinal behaviours due to the ennui that turn into low marks on the CCE value part. Now think if this is possible in India? Teachers are barely trained, only 4% clear the Teacher Eligibility Tests. Experts and thinktanks are now blaming it on “implementation”, in my view this is an irresponsible behavior. Did they now know what works in Finland cant be transported here ?
You may be trained by the Idea of India ecosystem to denounce my mention of achievers as “Brahminism”- you may use words like “Elitism” to couch that even. Beyond name calling, we should learn to recognize the key assets if you want to turn a third world country by leveraging human capital. Behind every success story such as Apple, Google, or now Huawei, there will be a tiny core of very high talent. Others build around that core and supply diversity. No nation has been built pursuing mediocrity or excellence in “values”. The USA even has “magnet schools” where gifted kids are simply brought together and challenged. Other countries have variants of this too. The selection to these schools are highly competitive. The Right to Education Act on the other hand bans all screening. I have documented the case of Jnana Prabodhini schools for talented children in Pune which have been suffocated. The UPA’s focus on abolishing exams even at Std X level, grading instead of marks at all levels, CCE, the continuous denouncing of “coaching” and portraying standardized exams as anti student have had a traumatic effect.
Social Promotions, see I am no longer a prisoner to their terminology ‘no-detention’ , have an even more adverse effect on the equity aspect. The same folks who scream equity from every corner have perpetrated a criminal act of crushing those who do not have access. A mere 25% quota in a tiny subset of Hindu run schools selected by lottery is a sick joke that needs condemnation. What about the losers of the lottery ? These simple questions are not asked by their think tank friends who are supposed to supply a level of intellectual checks.
Things being the way they are – the answer should seek to play to the current situation in teaching. Teachers today can be expected to teach to a compact cohort and teach towards a test. A compact cohort means the students in a class are not completely off in abilities. The testing part is still evolving but can be sufficiently well designed that it can pick out at the top as well as at the bottom. Social Promotion blows both these things out of the water. Today a teacher, not in Lutyens but in Sullurpeta, at Class 6 is expected to teach a class with some students with Class 2 level learning. Some experts on Twitter have the nerve to say “Fail the teacher, not the student”. How about “fail the activists” for thrusting this policy down this nations throat ? In most cases, the teacher either fails or simply drops down to the level of the kid with the lowest ability. This is where the next crime happens.
When the class standard is lowered, the talented kids get bored and display erratic behaviour. Now watch what happens. The kids whose parents are educated themselves will be challenged at home. I’ve seen so many kids at airports working out various Japanese maths worksheets (Kumon). The kid without this background is basically lost. The talent could be gone forever. I have received comments from bright school kids who bemoan the lack of differentiation in CBSE Std X post abolition of exams. This is the worst form of propagating privilege. The hapless teacher however has no choice – she is already trapped by the CCE which has to take into account extraneous factors.
Detention does not mean every kid is detained. There are no numbers – which is another area the experts are now pretending to be anguished after supporting the RTE. My guess is that only 3-5% kids will be detained. With social promotion, kids and their parents are guaranteed a ride till Class 8 so while the upper class can keep tabs on things, the lower class masses tend to take the eye off the ball. They have no idea what is happening in school. Before you teach me about PTA feedback meetings – this is not how it works in the mass schools. A kid who fails in mid terms is usually shaken up and tends to work harder to avoid staying back. Even more importantly the teacher can identify kids at risk of staying back and feed that info back to the parents in addition to tuning her own attention. The ‘experts’ are dreaming if this kind of seriousness will still be around if the Law makes it Illegal to keep any kid back. The teachers, the kids, and their parents will simply slack it out. Currently the RTE stops at Std 8. I am telling you right now that this is a bogus stopping point. The Congress Govt just kicked the can a little further down the road. But if this were to be the end of RTE, then it follows that a mass of students will flop out over the cliff. By that time – it is too late. The only solution is either to extend the RTE to Std 12 which Sibal has hinted at or to employ extremely easy testing or to add in extraneous ‘value’ factors to get the mass of kids over the ropes.
Social promotion is simply a bizarre idea in the context of a third world country of India’s size and aspiration. It is simply stunning that such a wide impact law that strikes at the very heart of our future has been passed with so little comment. Five batches of kids have passed.
Are you an expert ? Have you done field work?
In an article called “Merits of No Detention” Anurag Behar, CEO of Azim Premji Foundation cries foul. That IT-Waity Types like myself are intruding into expert territory. His line is – leave it to experts to design the Air Traffic Control system and amateurs should keep out. This is shockingly ignorant. It confuses separation of labour type of expertise with its more general cousin. I may not know how to design a radar but I will cry murder if someone suggests a traffic signal on the runway for airplanes and forces me to accept that just because he is an expert soi-disant.
PS : Minorities are exempt from social promotion provision. Because the RTE Act lock stock and barrel is not applicable. (Ref : Master Srikanth v Principal Frank Anthony Public School Bangalore KA High Court Judgment) I am not even going into the ramifications of this in this post. It just means teachers in RTE exempt schools will be more effective by law.
The probability that a criminal is caught depends on how much money the state is able to allocate to catch him.
From this flows the basic problem with imitating western arguments in criminology into a poor or developing country like India. Indian liberals are tossing around “certainty” of catching a criminal nonchalantly as if this comes for free. If you see the anti capital punishment literature in the United States they almost always compare themselves with other advanced, developed, OECD, countries. It is not even clear that the following three components of criminology – catching a criminal, a fair judicial process, a mature system of incarceration – are all that accessible to a poor third world country. Especially one like India where the rule of law is vitiated by extraneous considerations and identities.
Beneath the visible layer of law and police there exists strong societal currents with their own instincts and expectations. The grand project has always been to collect these instincts, see if any common threads can be teased out into a code or rules, and invest the state with enforcing the replacement code. The replacement provided by the state is visible to us as a system of law and punishments represented by Khakis and Blacks that merely substitutes these instincts. There are compromises to be made by all groups while accepting this code. Biological instincts are among the most important.
A physically weak person whose child was murdered would want nothing more than death for his child’s killer. But without allies. he on his own steam may not be able to apprehend a murderer. The weaker person is therefore likely to consider attractive the certainty of the state catching and jailing the perpetrator for one year. His basic instinct flowing from the Amygdala (the part of the brain that guides emotion) is all the time screaming “..revenge you wimp!”. Invariably after the initial flood the Amydgala’s screaming is overwhelmed by chemicals flowing from the Cerebral Cortex (the calculating part). The Cerebral Cortex probably goes “Look man, I know my friend the walnut sized Amydgala is the honorable response that befits a dad, a man, but look at you – you have no weapons, your limbs are weak, your allies are unreliable. Why not take the state’s deal – let them catch him and jail him for a year”. The stronger guy may never encounter this biological tete-a-tete – because he fancies with good reason that he has the resources to catch the killer himself and exact retaliation. However, even the strongest guy is aware that entering into a feud is a very costly affair. These pulls and pushes guide and balance the law of retaliation just below the surface of formal legal processes.
This long digression was needed to show that behind violent crimes there exists real victims and families who deal with these raging chemical reactions in their heads on a daily basis. Neither you nor I can understand what it feels like to be Rimpa Halder’s dad – nor the parents or children of modestly dressed folks whose naked limbs and torsos were stuck to buildings in the aftermath of bomb blasts. The real evaluation of the Indian state is happening as we speak. Not just in CAG reports or by politicians but by millions of common folk. People watching how other folks experience interacting with police and law. The arguments these common people seek are not what international think tanks offer about ‘uncivilized Indians‘ but what folks who have the ability to put themselves in someone else s shoes are able to see.
Jaideep has an excellent article on Retribution , so I wont repeat his points here. Suffice to say that India is no different from anywhere else. Every kid in Tamilnadu learns in school about Kannagi who took revenge on the entire city of Madurai for an incorrect judgment from the Pandiyan king. This does not automatically lead to an eye-for-eye doctrine of course, but the deep rooted instinct has to be recognized.
To wrap up – here are more practical questions that Indian activists and think tanks are evading. They interest me less than the meta issues involved, but just stating them here.
- Mr Tharoor “proved” on a NDTV blog that capital punishment had no deterrent effect , quite a remarkable achievement considering scholars from across the world have struggled with it for ages. The argument goes : In 1990-2000 there were 10 executions but murder increased – but between 2000-2010 there was only one and murders decreased. Quite a stunning conclusion. These are complex multi variable issues that cant be naively analyzed like this. What if the deterrent effect kicks in only after a certain threshold? Say 500. What about the fact that encounter killings increased in that same period (2000-2010) that replaced the deterrent effect of formal execution? What if fewer prosecutors push for capital punishment because of the costs involved?
- The rarest-of-rare doctrine is actually a serviceable or workable sentencing guideline. It is clear that murders of passion, routine cases of which there are numerous of, even cold blooded murders arising out of feud etc fall on the other side. If you cant even service this guideline it is not sure what else can be done. Any guidelines has to have enough headroom so as to accommodate enough individual cases into categories. Tharoor says, criminals who commit crimes in heat of moment rarely pay attention to punishment schedules. On the other hand, cold calculating conspirators that carry out terrorist activity surely pay attention to the prevailing penal landscape. After all, they have to go out and recruit willing folks who carry out attacks on the ground. So it is not a true statement that criminals are never aware of these things. One can even argue that taking capital punishment off the table makes it easier for terrorists to recruit minions to carry out their diabolical plans.
- Tharoor (CON) and Varun Gandhi (BJP) castigate the judicial process itself for being biased. I fail to see how this is a fair argument. Is it okay if a broken judicial process docks an innocent guy for 45 years in jail? These are tangential and shallow arguments. The clinching point they fail to mention is that capital punishment convicts receive a FAR more thorough hearing through the appellate process than life convicts ever will.
- Lawyer activists never actually help out at the trial stage. Only when it comes to their neighborhood in the Supreme Court they go all out and denounce and cast aspersions on the trial court proceedings. They gain publicity for their rants through a willing media which these days are ready to take up anything anti-national. Why dont they put their money where their mouth is? Go to the district magistrate courts – pick a criminal case – stay in a hotel and help fight the trial for free?
- Copying western arguments on deterrence. In western countries with a high standard of living, there is a huge disincentive not to be in jail. Outside you have wine, bars, beaches, the Rivera, jobs, a $50,000 per capita, clean air, public services – inside you have an stainless steel mug. In poor countries, the deterrence effect of jail is highly debatable. Can anyone say that the squalor of a slum on the edges of a sewage river with uncertainty of income, food, petty rivalry, oppression is desirable compared to jail ? You are guaranteed food, safety, clean clothes, some work, exercise which so many can only dream of outside.
The thing that bothers me most about think tanks and liberals in India is that they completely skip inconvenient material. They decry the sentencing issues but keep quiet on the mercy process. The real moral hazard is the following.
A and B are both sentenced to die after the culmination of a long judical process.
A is pardoned by politicians.
B is not.
This is a sure fire way to take the winds out of the pro-DP crowd sails. I am speechless personally and am force to concede all points. Upon closer inspection, this argument is alarming. What they are really saying is : We, the politicians, using the mercy process will hold the system hostage until you concede.
In effect they are using the arbitrary political process to vitiate the legal process and then use that very subterfuge to attack the judicial process itself as arbitrary !!! A lot of everyday folk are busy with their own lives and are unable to see bogus justifications. For example : a lot of young right wingers repeat that Rajiv killers case was different because they had a 11 year delay on mercy petition. The question you should be asking is “Okay, why didnt Yakub also get a 11 year delay.”
I cried hoarse when Pratibha Patil and P. Chidambaram of the Congress Party commuted death sentences of most gruesome criminals. This is a kind of sneaky behaviour that must be caught early on and politicians who ran these programs made to account for it.
The education wing of the RSS – Bharatiya Shikshan Mandal (BSM) recently announced that it would launch a judicial as well as legislative campaign to relook at the minority-majority sectarian split that lies at the root of the Indian education system both at the school and college level. As per a very short media report :
“So, the definition of minority status should be reviewed for which there should either be a Supreme Court intervention or a constitutional amendment. We want to explore both the possibilities,” Kantikar added –Source : IE
Hasan Suroor is wrong in Firstpost
This is a high impact development that has received the expected burial in the main stream media – except two pieces. In Firstpost and another one in DNA. Both of these pieces denounced the RSS moves – let us see if their arguments carry any merit. Hasan Suroor says :
Why the RSS is wrong on minority educational institutions ? Some of India’s most famous islands of academic excellence are minority institutions. St Stephen’s, Delhi; St Xavier’s Mumbai and Kolkata; Loyola College, and Madras Christian College, Chennai; St Joseph’s, Bengalaru; Christ College, Pune; St Francis College for Women, Hyderabad — just to name a few — are secretly sought after even by those who oppose them publicly for political reasons. But, the RSS, of course, can’t stand anything with a minority tag; Source Firstpost (emphasis mine)
Well, lets dimiss this style of argumentation for a second. There is no reason for anyone to ‘stand’ anything with any tag. The RSS can easily counter this by saying – “But, the Idea of India ecosystem led by Sonia Gandhi’s Congress Party, can’t stand anything with a Hindu tag”. In fact, they would be more correct than Mr Suroor because the RSS are specifically calling out a discriminatory law while you are just waving hands. So, let cull out all these wild ad-hominems and see if Mr Suroor is making any sense otherwise. Mr Suroor goes on to claim :
The trouble is that Mr Kantikar has got his facts all wrong. Either, he is genuinely ignorant and, if so, it doesn’t exactly reflect well on RSS credibility; or he is deliberately twisting well-established facts in other to mislead.
Well Mr Suroor isnt right on the facts either. The contentious piece is this :
“The low percentage of minority students in minority institutions is handiwork of judiciary and government. On top of the Supreme Court ruling in St Stephen’s College case that no minority institution can admit more than 50 per cent of minority students, the government insists on imposing its SC/ST reservation policy (22.5 per cent) on minority institutions too. Added up, this means 72.5 per cent of the seats are automatically beyond the reach of minority students. So where is the scope for a higher minority intake in minority institutions?” asks Dr Tahir Mahmood, ex-chairman of the National Minorities Commission, and member Law Commission of India.
There is a basic maths error here – even if 22.5% (of the total) is imposed on top of the 50% minority quota – only 50% would be out of reach of minorities and not 72.5%. Even in institutions with an SC/ST quota it is imposed pro-rated on the 50% – therefore quota is 12.125%. We will come around to the real facts later in this article but lets turn our attention to the DNA Editorial opinion.
#realitycheckEdit The RSS Bogey – the DNA Edit is incoherent
But rather than being influenced by ideologically motivated entities like the BSM, it is for the State to ensure that the minority status is not being misused. For example, it can stipulate that all minority aided institutions must follow the official reservation and recruitment policies. .. . An important question to be raised is the BSM’s motivations. In a country with shockingly poor learning outcomes, the BSM appears to be unhappy that more non-minority students are choosing to study in minority institutions. The BSM would have done better to campaign against schools denying admissions to EWS students under the RTI Act and the poor teaching standards in government schools. By choosing to rail against minority institutions, the Shiksha Mandal is missing the woods for the trees Source : DNA Editorial “The Minority Bogey”
I think the DNA Editorial team means to say RTE and not RTI. Aside from the general sloppiness the edit is also incoherent. The whole piece is essentially a call to ignore the RSS and BSM because they are “Ideologically motivated entities”. The editorial also calls for stipulation that minority institutions to follow reservation policy and recruitment. Ahem! This is exactly what the BJM is calling for! This can only happen if the body of laws and regulations are reopened as RSS/BSM wants. There is no way to arbitrarily stipulate these new rules. The current legal position is not only a product of 50 years of communal activism in education but also of the policies of the UPA government over a decade. That regime under the leadership of Sonia Gandhi enacted the 93rd Amendment , established the NCMEI, and passed the Right to Education Act. All of them explicitly discriminate against Hindus. The closing of the edit is meaningless – you cant tell RSS what to do. They may also push for higher maths and science standards in govt school in addition to taking on this challenge.
Why the RSS and Bharatiya Shiksa Mandal (BSM) initiative must be welcomed
Now let me explain why the BSM initiative must be welcomed. The rest of this article lays out the spread of education laws and the sectarianism that has been baked in. Those who are just education consumers may be less than impressed but remember these are life-death issues for those who are trying to be suppliers.
The real facts about Minority quotas
For aided minority institutions
The rule established by St Stephens judgment is 50% must be from the minority community. Unfortunately the expected precision is lacking from most judgments in this area. The rule was that the state can regulate intake in minority-aided institutions no more than 50%. This has come to mean in practice a 50-50 split with the minorities granted their own admission rules in the open category 50%. They are exempt from the OBC quota and it isnt entirely clear if they can be exempt from SC/ST quota too. See the cases in Sindhi Educational Society v NCT Delhi (2010) SC and Federation of Catholic Faithful vs Tamilnadu (2014) Madras HC. We will get to this in a moment. It is also important to note the distinction between aided schools vs aided colleges. Post #RTE the aided minority schools are exempt from the law in toto.
For unaided minority institutions –
There was no set rule. After the cases in the TMA Pai troika the minority and Hindu run unaided institutions were on the same level (give or take a few). Post enactment of the 93rd Amendment and the RTE Act the ground has completely shifted from under the Hindu unaided schools. This is why the RSS/BSM move is of an urgent nature. The entire gamut of top schools across the country from St Columbas to Bishops to Campion to La Martiniere fall under the unaided minority category. The essence of the argument is – schools that have low minority student ratio are exempt from all burdens imposed only because the management happens to be clergymen or individual minority born persons. This leads to the following absurd situation for example :
where Christian run School with 5% Christians is exempt but Hindu school with 5% Christians is met with full force of the burdens imposed by the law.
There have been efforts in Karnataka and Maharashtra to peg the minority student content anywhere from 25% to 75% – but they have not been fructified because the folks are unable to think with clarity and establish new principles or even to defend existing one. If I may speak for a moment on behalf of RSS/BSM – this is the hub of the issue. Parity.
Benefits of minority status in Indias education sector
First folks have to understand the astounding benefits that ‘minority’ status bestows on an educational institution. Here is a quick summary.
Note that this list varies in minor ways from state to state. Some go over and some under. The general benefits remain the same across all states.
1. Aided minority institutions are usually aided upto 95% of the salary of the staff. This comes out of all taxpayer money. This is where St Stephens case (1991) got it wrong. The state is essentially subsidizing 50% christian quota by tax money which all Indians including Hindus, Christians, and Muslims pay.
2. Minority Aided schools or colleges do not have to follow the TEACHERS quota for SC/ST. They can promote a pure meritocracy (whatever that means) or innovate in this matter. ( See Sindhi Society Case )
3. Minority Aided schools or colleges can hire Hindu faculty without any limit. Only the top management is permanently with the clergy. For example : St Stephens has a large Hindu teaching body.
4. Minority Aided can apply own selection criteria for students. This was actually the real issue with St Stephens case (1991). They wanted to add a written test + interview on top of DU rules. The court allowed them that autonomy. Today Stephens is able to break the grade inflation induced tie-breakers by conducting a written test and interview. Hindu colleges have to follow DU rules strictly.
5. Minority Unaided and Hindu Unaided pretty much has the same freedom after TMA Pai. But as soon as CON swept into power in 2004 the first thing they did was demolish TMA Pai by passing the 93rd Amendment. As it stands the wording of Article 15(5) – introduced by the 93rd Amendment – is very wide and practically transfers the entire (unspecified) social burden only on Hindu run schools and colleges. The language also redundantly and explicitly excludes minorities.
6. Minority aided can innovate promotion of their teaching cadre. They need not follow seniority rules, or go to the govt employment exchanges for new vacancy. They can advertise and recruit on their own. Denied to Hindus
7. Minority aided college need not have a University nominee on board. Even one. In many cases, including St Stephens the Church of North India clergymen have total control of the affairs of the institute. Similarly minority schools need not have a Govt Education Officer on board. The ratio in State of Kerala v Very Rev Mother Provincial (1970) still holds the field. In that case, the impugned provisions were like this. Minority colleges were to have a governing board of 11 members – 6 from the college itself (thus a simple majority) and among the balance of 5 the principal and manager of the college. Thereby making up a majority of 8-3. The remaining three were to be University Nominee+ Teachers nominee + Govt appointee. Even this hopeless minority oversight of these taxpayer aided colleges were rejected by the court.
8. Minority colleges (Aided by govt) are completely exempt from OBC quota. They are also exempt from the SC/ST quota post a 2014 judgment that interpreted the 93rd Amendment to be so. News report “Minority colleges out of quota purview” and judgement in Federation of Catholic Faithful vs TN
9. Minority colleges in Mumbai also have a 15% management quota on top of the 51% set aside for minorities. They are free to fill this with anyone.
10. There is no need for Minority to be run by a religious trust – a single minority person can run a school and get all the exemptions. Deccan Education Society vs Karnataka.
11. The minority institutions can impart a totally secular education identical to that imparted by the HIndu school across the street. This is actually the crux of the issue in a epic 9 Judge Bench in Ahmedabad St Xaviers vs State of Gujarat (1974) a 44 year old case. Among other things like exempting St Xaviers from University interference in selection the case delinked ‘preservation of culture’ (Art 29) from ‘right to establish and run’ (Art 30). At this point, it isn’t exactly clear how the below absurdity does not follow.
Do institutions established by minorities that are engaged not in preservation of culture, but destruction of culture also avail of legal exemptions? Conversely Can a Hindu establish a school that has a clergyman come in and conduct regular Catechism and then avail of minority benefits because obviously he is promoting preservation of culture that even Stephens and Xaviers do not insist on?
These are simple absurdities that would never get past the “Golden Rule of interpretation” that western societies have evolved over time from the period of Modernity. Is this alien to Indians ?
12. Takeover of minority institutions. Tamilnadu and other states have excluded minority institutions from takeover provisions, at best, they can appoint a minority member beloning to the same religion. [ Refer to News Report “State cannot takeover minority school management“] Most folks may not have heard of the All Bihar Christian Schools vs State of Bihar, a landmark case where the state took over non -minority schools. The rule today is : only if a minority school itself makes a representation to takeover that is possible.
13. Permission to expand class size and hiring. A minority aided school in many states like TN can first expand to cater to demand and then apply for aid to pay for the new teaching/non-teaching staff capacity.
14. Selection of teachers. No university, govt, civil society, or teachers union (body) representative can be imposed on the selection panel when hiring teachers in minority aided colleges. In Hindu colleges in addition to faculty reservation and other rules regarding seniority based hiring, there is presence of govt,university,and teachers.
15. Private goods. The Congress government with such scholars like Shashi Tharoor in the Humam Resources Department ministry introduced schemes like IDMI which were grants given to private minority institutions and denied to a similarly situated (and bearing all of the above legal burdens) Hindu school across the street. This may be an aberration and may not be repeated in the current MHRD, but lets not forget 2019 is not far off.
16. Establishment. A minority and Hindu have different processes – while a number of formalities may appear to be the same, minorities who face difficulty in obtaining a NOC (No Objection Certificate) in the states can approach the NCMEI and get that case heard by a minority only panel. The NCMEI also has the power to issue a minority certificate. This is not a minor issue (no pun) as the NCMEI has issued thousands of such certificates post the 93rd Amendment. See my article “Bulkwarks erected against redefining minorities in India’s education system”
Post #RTE the situation has dramatically changed.
Prior to the 93rd amendment ; even though the aided minorities were getting all of the above benefits denied to Hindus, the unaided institutions were on parity more or less. However, the Congress Govt aided by the Sonia Gandhi NAC, disrupted the status quo. Even though the public face of Congress is goofy the inner core appears to work strategically. The Congress first passed the 93rd Amendment to the Constitution and then instituted the NCMEI. I have blogged about these TWIN initiatives of Congress extensively in “A Brief History of the 93rd Constitutional Amendment“. Post RTE the Hindu institutions are under an open-ended liability under a statute capable of very wide interpretation. There is no rationale to either the 25% quota nor to the stopping of quotas at Class 8. The NGO activists who spun off from the Congress party’s NAC and founded the Aam Aadmi Party are now taking this further. They are now slotting various conducts of Hindu run schools into a criminal code. For instance, a screening procedure – which is an essential component of autonomy – would result in MINIMUM 5 year jailterm and a MAXIMUM 10 year. A school principal who decides who to admit is being punished like a rapist murderer.
To give you an idea of how skewed the 93rd Amendment is – I present this passage from the Sindhi Education Trust v NCT Delhi (2010) case
1. Article 15(5) of the Constitution excludes the minority educational institutions from the power of the State to make any provision by law for the advancement of any social or backward classes of the citizens or for Scheduled Castes and Scheduled Tribes in relation to their admission to educational institutions including private educational institutions whether aided or unaided. This Article is capable of very wide interpretation and vests the State with power of wide magnitude to achieve the purpose stated in the Article. But, the framers of the Constitution have specifically excluded minority educational institutions from operation of this clause
Framers of the Constitution? Really?
Article 15(5) was introduced, not by Ambedkar or Patel – but by Congress stalwart Arjun Singh aided by Sonia and likes of Kejriwal in the NAC. Are these the framers of the constitution? This is the real problem with an unchecked culture of amendments that mutilate the original document. We confuse the ‘framers’ with the ‘mutilators’. In the end there is no spirit – the amendments are several times more voluminous than the original.
This sectarianism in education only in India ?
There is no country in the world with this skew. There is Ireland – but Catholics are a majority there and there is already a movement afoot to start a debate on that. One can raise the issue of state funding Catholic schools in province of Ontario in Canada. Catholics are a minority in Ontario but majority in Quebec. This is a rich country with quality public schools and this special protection was negotiated by a 150 year old treaty. There is already a debate in Canada to end this. United States has the cleanest separation – the state will not touch by way of taxpayer money any religiously controlled school or college. France has issue too but once again France is majority Catholic (nominally). Iran ironically, the country of Fali Narimans forefathers outlaws minorities from running schools. UK faith based schools can be funded but they must be faith based not normal schools merely controlled by practitioners of a certain faith. Face it ; this is a unique Indian invention. I fully understand that India does not need to copy the western societies and can blaze its own path, so I wont dwell on this further. It is however important to keep in mind that equality is the norm everywhere and India is the outlier.
Should minority body be the yardstick?
This may not be desirable but is better than the current definition. Insisting on a minority student body at , say 80% places a natural check on the ability of these institutions to proliferate. Once again, I remind readers that no one is against CHRISTIANS or MUSLIMS or JAINS operating schools under the SAME rules as Hindus. They are free to proliferate under a secular law. I had to sneak in this obvious sentence to avoid being accused of various atrocities. The reason this rule wont work in the short run is the quantity of minorities must be high enough such that Hindus do not misuse this route and turn it into an absurdity.
For example if the minority quota is only 10%; and the rule was minority body is the yardstick; then a Hindu should also be able to start a school with 10% minority quota and gain the exemption.
Suroor castigates the RSS for not railing against the linguistic minorities. I think he is wrong on that, from media reports it is clear the RSS wants to introduce a non-sectarian regime in education. That would automatically submit the linguistic minority to the same regime. On a side note, while linguistic minorities are equally abhorrent to equality in edu. If you believe in the logic that there are forbidden grounds for discrimination then linguistic minority is a lesser evil than religious or racial minorities.
The way forward.
I hope I have explained how despite the crass name calling from the Liberal and Idea of India camp – it is the Chaddiwallahs, that have modernity on their side in this particular case.
Now, what is the way forward.
To find a way forward there needs to be practical compromises keeping in mind principles of harm. Why should this be discussed at this time? First everyone must admit that the RSS and aspiring Hindu education providers have clinching arguments from their side. The current situation is also not a tenable one because due to social media it is no longer possible to divert peoples attention or to prevent the debate from taking place entirely. Some intellectuals lament the absence of ‘constitutional method’ – here is RSS using a constitutional method and is being ignored completely or being attacked for wearing Chaddis. For constitutional methods to work India needs folks with genuine curiosity and honesty, those who can spot valid arguments and engage with them irrespective of who is making them.
The tourist town of Mahabalipuram (Mamallapuram) in Tamilnadu about 60 odd Kms south of Chennai has the following rule.
- All Cars/Vans entering the town pay 40 Rupees
- All bikes pay 10 Rupees
- This is not linked to any actual tourist visit – even transiting the town attracts this toll
There was a news item in todays Deccan Chronicle print edition that one Advocate Sudhan has approached the Madras High Court against this practice. Apparently he was approached by some youth who stopped his vehicle and demanded Rs 40 – he protested and approached the Police station in Mahabalipuram. They dissuaded him and warned him some big shots were behind this and asked him to be careful. He then took the case to Madras High Court. I personally have faced this and have managed to control my rage. I am so happy that someone has tried to bell the cat. This issue may appear to be a trifling one but I think this case involves some very fundamental issues.
The basic question is this
Can residents of a town, which is in endowed with some tourist attraction impose a toll on all outsiders ?
Yes. Why Yes?
No. Why No?
Is this question worth examining in detail ? Is it simpler just to fork out the 40 bucks and not exert brain cells over this ? This is exactly what millions of people have been doing for years now. This issue is now before Chief Justice Kaul – let us see if we can examine this issue and extract any ground rules/principles. Before that the toll imposed must possess the following three characteristics.
First : The town is endowed with a tourist attraction that is immovable by nature. For example – the town has a geographical feature, an archaeological or historical structure. If the town has a less permanent attraction ; like Bars, Hotels, a Fair – then those are mobile. If the tolls are high those attractions can move.
Second: The tolls are collected by a local body. This is not just a bunch of thugs. They are youth hired by the local government to collect the tolls.
Third : The tolls are not specific to any specific goods or services. In Mahabalipuram – you have to pay a separate fee for parking, fees for each tourist monument. You may not visit any monument but you still have to pay the toll. It is basically an entry tax. There is a by-pass road nearby but that does not in any way mean you are prevented from transiting Mahabalipuram via the town.
Given the above three properties of the toll. The following arguments will certainly be advanced by its supporters.
Look punk we are local body govt who represent the town of Mahabalipuram. We are lucky to be endowed with archaeological structures and we have every right to monetize the tourist flood. This toll money will be used for various goods.
The argument sounds good but is actually hollow. The fault in this argument is not if they can monetize but how they monetize. The tourist flood spends tons of money in various shops selling trinket and food. This is how the majority of townfolk get the money. Also each service such as the parking lot charges separately. Those are legitimate income streams. Imposing a tax on all Indians entering the town is not because it impinges on freedom of movement (Art 19(4). The fact that there are a) zero services in exchange for this money and b) that only paying the toll buys you the freedom of movement only proves there isnt any grounds for restricting this.
So my rules would be as follows.
- No entry tax for any town
- Tolls allowed only for roads that are specifically designated
- No local body has power to impose entry tax on anyone unless there is a law passed by the state legislature to that effect
- If there are other kinds of tolls they must be in exchange for a very specific service such as parking, paid toilets, etc
Another variant of this abhorrent practice seen in almost all temple towns in Tamilnadu goes like this. You go in a car and park anywhere near the temple – say 2-3 streets away – some kid will run up to you and stick a token in your hand for 20-50 bucks. There is no explicitly marked parking lot. Therefore this is just an tax on anyone who comes to the temple in a car. The politics behind this are very simple. Local dominant groups trying to extract a tax from outsiders in the absence of weak legal framework.
Ask yourself – you agreed for 40 bucks. Will you agree for 100 bucks? What if you had a car load of kids eager to visit ? What if you were poorer ?
Hope this petition succeeds and all tolls levied by local bodies that are in the nature of entry toll are declared illegal.
Vyapam (MPPEB) Exam board deaths
In unison, all the media houses have abandoned the hugely entertaining Lalit Modi “saga” and rolled over the Vyapam scam. The focus is on the death of people involved with the scam. The latest ones being the death of a journalist with Aaj Tak and a Dean of Jabalpur medical college. We’ve even seen journos take a vow to “report the hell out of it” and “vyapam every night” and so forth.
Vyapam is education corruption. In a third world country such as India, it is absolutely critical that institutions that serve as gates to the few opportunities are protected with a fierce resolve. The AIPMT exam leak, the AIIMS leak all fall into the category of crimes that undermine this institution. What happens if exam and selection institutions are undermined? People lose their faith in the capabilities of the state itself and fall back to asking for community wise sharing of opportunities. Therefore, exam scams are a particularly vicious type of crime against the state that must be aggressively investigated and prosecuted. This is also a fit crime for exemplary punishment as we are looking for deterrence.
Therefore, the media spotlight on Vyapam is welcome. However the focus on the 48 deaths over 8-9 years missing the point. It is important to note that Vyaapam is not like 2G – the criminal act is not a single discrete one rather it is a systematic and widespread cheating on hundreds of exams. The media headlines in next few days will be along ” X linked to Vyapam dies”. The keyword is “linked” – there are more than 2,000 in custody and thousands who have benefited from cheating and a few thousands more who are suspected of cheating. There would hardly be an educationalist, bureaucrat, or politician involved in recruitment who is NOT linked to the systematic cheating culture that is the Vyapam scam. Therefore the number of deaths , be it natural or murder, should be placed in the context of how many (Lakhs?) linked to the cheating. It is also a fact that the poison is oozing out in BJP ruled MP but is it out of the ken of possibility that the same cheating is not prevalent in UP, Bihar?
Quite tragic that the people of the state would indulge in cheating – but that is linked to whether criminals get caught. This is especially true of cheating at the funnel points , the gates in ones life. That doctors who cheated now perform surgeries and those that did not, lost out and are medical representatives peddling their drugs to these very cheats. This immorality is rooted in crime. It is time the might (whatever is left of it) of the state crack down and bring these quacks and their helpers who committed these high crimes to justice.
More colleges get minority tag in Delhi
However, four colleges under the Delhi Sikh Gurdwara Management Committee — Guru Gobind Singh College of Commerce, SGTB Khalsa College, SGND Khalsa College and Mata Sundri College — have not released their third cut-off list
In a circular sent to the principals of these colleges, the committee has written, “In view of the order passed by the Delhi High Court… in upholding the minority status of the colleges, certain benefits will be available to us…You are, thus, directed not to declare and hold on to the third list for three days…”
Source : IE
Four college including Khalsa now have the coveted minority tag. This was after a Delhi High Court judgement upholding the granting of minority status by NCMEI. With this status these colleges do not have to follow the reservation system for SC/ST/OBC and can avail of a plethora of benefits such as autonomy in a number of areas like faculty recruitment. The SC category is optional and some of them might announce that as a compromise, but it is important to distinguish between voluntary behaviour and legal mandates. With this the colleges under the Gurudwara Committee join the exalted ranks of Stephens and Jesus & Mary as minority institutions.
I maintain the same rules for any community running education, only if you admit > 90% from your community can you avail of special benefits. These colleges will now admit 50% from open category, therefore turning them into secular colleges which should be under a uniform law regime. I cannot emphasize how central this issue is to the Indian political economy.
LOLWATCH is a new experiment I am starting today. Since my highly intellectual political and social punditry refuses to be confined to 140 characters most of my tweets turn into ‘tweet series’. Everyone knows tweet series are like goat droppings, a poor substitute for bovine dump. With LOLWATCH my reactions to various news items will be on one page with a single tweet pointing to the blog link where the treasure can be found.
Socio Economic Caste Census released
Provisional findings of the Socio Economic Caste Census (SECC), first reported by The Indian Express last week, recognise “multidimensional” aspects of poverty and will form the basis for determination of beneficiaries of government schemes in rural areas. Conducted between 2011 and 2013, it will facilitate identification of the poor and deprived in rural areas.
Source : IE
If you see what they’ve released it does not include any caste information at all. So this is like Vada-Paav without the Vada.
The caste census itself was commissioned in a highly reckless manner by the Congress Party and supported by BJP. Why is the Indian state so nervous about releasing the data which it spent thousands of crores collecting? The social order promoted by Idea of India depends on ad-hoc power and benefit sharing. The system is stable only if groups do not know exactly how much others have been getting. This media piece reflects the nervousness : “Caste data held back due to social upheaval fears” the analysis gets it completely wrong. The real issue is not finding out what the actual OBC percentage is in the population but whether a particular caste can be classified as OBC.
Cant pay for EWS kids : Haryana Govt
GURGAON: The Haryana government has conceded that the admission of thousands of EWS (economically weaker section) students in grades I to VIII in private unaided schools was put on hold as it entailed “hundreds of crores of rupees”.
The state government’s admission was contained in an affidavit submitted recently to the Punjab and Haryana high court. The admissions were put on hold by the state on May 1 in clear violation of a high court order issued on April 1 this year.
Source : TOI
Imprecise terminology is the hallmark of all RTE stories. Schools have no defence against non-payment because the matter is related to cross subsidy and Idea of India style judicial thinking.
The story goes like this. You are running a mid level school and your fees for paying students are 40,000 per year/student. The state only gives you Rs 11,000 because that is what they spend in govt schools. A westerner would stop right here and say – ‘are you crazy?’ This is nothing but confiscation. Our free market think tanks are comfortable with this. But lets carry on.
Therefore the balance Rs 29,000 is spread out to the other students in the form of cross subsidy. The Idea of India jurisprudence is marked by the absence of principles as court seeks to strike a balance and reconcile by playing around with amplitudes and percentages. One of the reasoning tools they use is induction. It goes like this. “You’ve already agreed to X, the matter in front of us is X+1. On what basis are you opposing that”. This is an extremely tricky situation to get out of. You have agreed to bear a 29,000 burden – why not bear 11,000 more?
The answer is we need honesty and clarity in our think tanks. When laws like this come out they must be rebuked for what they are in no uncertain terms. Too much to ask?
Jat bodies to cut off supplies to Delhi on Sep 28. Threaten immolation or conversion
Jat bodies on Friday threatened to seal Haryana border along Delhi and cut off all supplies to the national capital if the Union government fails to implement reservation for the community before September 28.
A meeting has been called at Jat Dharamshala in Kurukshetra on July 12 to intensify their movement for inclusion in Other Backward Classes (OBC) quota, said Nafe Singh Nain, chief of Sarv Jat Khap Panchayat, at Narvana area here.
Source : Statesman
A debatable judgment excluding Jats from quota. Also telling how in Idea of India framework outside groups find it increasingly hard to get in as the inside group acquire power.
Will blog later, but the Jat Quota judgment got it opposite. Not only is relativity the correct yardstick to evaluate claims of backwardness – but it is the only possible yardstick. During the deliberations to study backwardness of Jats it was discovered that Kurmis and Ahirs were ahead of Jats on many parameters that involved state benefits. In my view that is all that is required. All a group has to do to gain inclusion is to show that there is atleast a single group that is ahead of them in representation and is included. This also tells you about the dangers of Idea of India style ‘accommodation of groups’. Initially the accommodation is easy. You go from 0(inside):100(outside) to 30:70; then 40:60. Since these accommodations directly reflect political power – as inside groups gain in numbers they will make it harder for outsiders to come in. So at 51:49 – they can effectively shut out anyone trying to gain OBC status. To me it is remarkable that Jats are having such a harrowing time availing quota while 73% of Tamilnadu have been casually classified as OBC without a murmur.
Continuing on the Tamilnadu Medical data story, here is the situation in Post Graduate Medical in various colleges in TN. For sake of convenience I have only analyzed colleges with greater than 10 PG positions including surgical and super specialty.
- Stanley, Kilpauk, Coimbatore have ZERO students from open category
- There are only EIGHT PG doctors from general category that will graduate in this batch of nearly 300.
- As quotas are applied at successive stages – they have a cumulative effect.
- Unless a judicial doctrine of scrutiny is evolved, this will continue. Remember that any change today – will impact doctors only in 2023 to 2025.
|TOTAL PG||Unreserved||OBC||BC-Muslim||Most BC (MBC)||SC||SC-A|
|Madras Medical College||103||4||41||3||30||18||7|
* includes ST
Source : Data on tnhealth.org – I’ve uploaded the raw data for others to analyze because the link may disappear after counselling. To see the data click pg (PDF)
Continuing our data series on Tamilnadu medical admissions which you wont find in any main stream media. This time we will look at the MBBS admissions for 2015-16 and see how it compares with our old analysis of 2013-14.
Results based on provisional MBBS Merit List available at http://www.tnhealth.org/ (click on the scrolling link). I have also posted the raw PDF Provisional Rank List here (mbbs2015-16) because the raw data usually may be removed in a few days after counseling.
In 2015-16, Tamilnadu has 2655 medical seats this year including the ones surrendered by private colleges. Out of this 15% ie 398 seats are filled in via AIPMT (which was cancelled after a paper leak).
- It appears that over 95.4% of the population of TN is covered in reserved categories. This is supported by the fact that only 4.7% of those who applied for MBBS are from General Category (so called Forward Castes). Supported by fact that typically becoming doctors is something that ‘forward castes’ ought to be interested in.
- The castes classified as OBC are showing absolutely no evidence of disability. 13 of 17 tied at 100% are BC.
- There is an urgent necessity to revise the OBC Caste List due to the fact that 72.1% of the open category seats are taken by candidates belonging to castes currently classified as OBC in Tamilnadu.
- Only 53 of 2257 doctors will be from the general category in 2020.
- Only 53 of 2257 who apply for 100-odd open category PG seats in 2020 will be from general category. Multi level quotas are an area of interest for me currently as I consider them unconstitutional (to the extent we even have a constitution).
Total number of candidates for 2257 seats
|Open Category (FC)||1488||5.1%||1493||4.7%|
Purely on Merit (If there were no quotas of any kind)
|Open Category (FC)||230||7.9%||146||6.5%|
Number of guaranteed (reserved) seats by
|BC Guaranteed (Reserved)||768||26.5%||598||26.5%|
|Open Category (FC) Guaranteed||0||0%||0||0%|
|Everyone Competes in||899||31%||699||31%|
How the 699 seats in open category were taken
Final communal distribution = Open + Guaranteed
|Category||Seats obtained in open category||Seats guaranteed for community||Total seats obtained||%||% in
|Open Category (Unreserved community)||53||0||53||2.3%||2.3%||0 %|
Communal loss = Seats if no quota vs with quota
|Category||Seats obtained when no quota||Seats obtained after quota||Loss/Gain due to quota||Gain/Loss % due to quota
|Gain/Loss % due to quota
|Open Category (Unreserved community)||146||53||-94||-64.4%||-70.4%|
Marks distribution in first 899 seats (Exam hardness factor)
Tie break by Date of Birth / followed by Bio Marks/ followed by Random number
|Mark % ( Marks out of 200/2)||Number of Ties at
|Number of Ties at
|Number of ties at
Analysis of this system and its implications for political
landscape of this country in next post.
Just want to document two huge cases in India’s education sector that slipped by un-noticed. Will get around to commenting on this in the next few days.
Case 1 : May 16 2015 Bombay HC says no TET required for minority schools ( but non-minority need to insist on TET clearance for new teacher posts )
The teachers eligibility test (TET) is no longer mandatory for minority schools. The Bombay High Court’s Aurangabad bench has decried that minority schools in Maharashtra are now free to follow their own selection processes for teachers’ appointment.
While hearing the case of a local minority school teacher’s appointment being challenged by the state authorities for not having a TET score, the court ruled that the government cannot interfere with the minority institutions and their admission process. “The TET for teachers’ appointment is a methodology accepted by the government, but it’s not a qualification. It’s rather a selection process from the given lot, which is why minority institutions aren’t expected to follow the mandate,” the court stated.
Source : Pune Mirror
Case 2 : May 16 2015 Karnataka High Court rules minority-run schools can detain poor students
BENGALURU: In an interesting case, the Karnataka high court dismissed the petition filed by a school boy who invoked Right To Education (RTE) Act to get promotion to next class.
Dismissing the petition filed by Master Shashikanth (name changed), Justice H G Ramesh noted that the school in question – The Frank Anthony Public School, Halasuru – is a private, unaided, minority educational institution and as such the provisions of RTE are not applicable.
Earlier, the government advocate brought to the notice of the court the judgement rendered by the Apex court ..
Source : Times of India
To be continued..
In both cases the issues are involving the nature of the minority-run schools. They are participating in general education and freely admit Hindus as both teachers and students.
Request : If anyone else is tracking issues such as this, please leave a note in the comments section. We need to connect.