lsive legislative backihg to ensure the implementation of Article 45 and also procec
la substantial re-w-t
o h & i ~ resources
~ I
to achieve this goal.
5.7
The Commission has been gratified to learn that the Common Minimum
Programme of the United Front Government has resolved to make free and compulsory
elementary education a Fundamental Right and to enforce this through suitable statutory
measures. The Commission has also taken careful note of the subsequent Report
of the Committee of State Education Ministers on the Implications of the Proposal to
Make Elementary Education a Fundamental Right. That report obsenred, inter alia, that
a sum of Rs.4Ol000 crore would be required to achieve the objective in question/~he
Commission is concerned that the dimensions of the problem may now lead ib an
infirmity of will and an incapacity to proceed. It would therefore like to stress that the
achievement of the objective to ensure free and compulsory elementary education will
depend, in large measure, on whether or not the Central and State Governments will
also be able to harness the energies, resources and talents of non-governmental
organizations and the private sector in the pursuit of this great national objective. The
Commission strongly recommends that a major effort be made to this end, failing which
the goal could well remain illusory. The Commission would like to observe in this
connection that, in the State of Ke la, which has a literacy rate of over 90%, 2633
primary schools are in the public sector, while 4150 such schools are in the private
sector. In contrast, in Bihar, where the literacy rate is about 44%, some 52,500 primary
schools are reported to be in the public sector, with only 545 such schools being listed
in the private sector. The lessons from this should be evident to all. If child labour
is to be eradicated through the spread of free and compulsory elementary education,
then all elements of civil society - and not bast non-governmental organizations and
the private sector - must be made full participants in this task.
d
5.8
Even as the fight against child labour must be waged on a nation-wide basis,
so must attention be given to particular situations and circumstanoes. In t9M-97, the
Commission received disturbing reports of the employment of children below the age
of 14 years as domestic servants, not infrequently in the homes of government officials
who should have known better. Unamptable aa the practice is in any circumstance,
the Commission felt that the employment of such children as domestic help in the
homes of government officialswas particularly reprehensible. Following a meeting on
10 January 1997, the Commission decided to recommend that an appropriate rule be
included in the conduct rules of government servants, both Central and State, which
while p r o h i b i g such employment would atso make it a mkcondud inviting a major
psnalty.