The apex court directive
- Hueiyen Lanpao Editorial :: October 06, 2012 -

Supreme Court of India at Delhi

On Wednesday, Supreme Court of India directed the Centre and the State Governments to ensure basic infrastructures including sufficient classrooms, appointment of teaching and non-teaching staff and facilities for drinking water and separate toilets for boys and girls in all schools, whether State-owned or private, aided or unaided, minority or non-minority, located across the country within six months.

Issuing the directive, a bench of the apex court comprising Justice KS Radhakrishan and Justice Dipak Misra also asked the State Governments to honour all its previous directives pertaining to providing necessary infrastructure in schools within the timeframe fixed by it.

The latest directive of the apex court has come while disposing of a Public Interest Litigation (PIL) dating back to 2004.

In 2004, Environmental and Consumer Protection Foundation, an NGO, had filed a PIL seeking basic facilities in schools and improvement of school conditions.

Consequently, on October 11, 2011, the Supreme Court issued a similar directive to all the States and Union Territories.

But most of the States and the Union Territories sought further time for implementation of the directive.

So, in a way, the latest directive of the Supreme Court is like a reminder over what the Centre and the State Governments are expected to do towards ensuring success of the goal of 'universalization of education' to all in the state.

Nonetheless, the latest directive has scored a point when the apex court made it clear that in case of failure to comply with the directive, the petitioner could file contempt petition and invite court contempt.

The significant of the court directive is such that although the Government of India has enacted the Right of Children to Free and Compulsory Education Act or simply Right to Education (RTE) Act, in 2009, to ensure free and compulsory education as a fundamental right to all children in the age group of 6 to 14, enjoyment of this right could not be possible unless the required basic infrastructure is provided in all schools.

During the hearing of the petition, the apex court had sought a report from the National University of Education Planning and Administration which conducted a survey in 2010.

Predictably, the report revealed a grim picture of the education scenario in the country, more particularly in the aided and government run-schools.

Without going into the details of the report with reference to education scenario in Manipur, the news report on the existing condition of the government schools in Jiribam sub-division of Imphal East district, which we carried on the front page of this paper with a 'disturbing' photograph of a dilapidated building that passes off as school building on the same day the Supreme Court came up with its directive would suffice to give an idea about how far the fundamental right of the children to free and compulsory education has been able to ensure in Manipur.

Even though the news report was related to Jiribam sub-division, the condition of other government schools in rest of the state is just the same without any degree of difference.

One may have to just change the name of the school and it would fit the bill exactly.

Thus, the state government has a daunting task ahead towards ensuring free and compulsory education to all its children and the time to act is now. Or wait for six months to face the court contempt. The government has to make the choice.