[Polity] Prohibition of Unfair Practices in Schools Bill 2012 and Central Advisory Board of Education (CABE): Features, functions

polity31 Comments

  1. What is CABE?
  2. Objectives of the bill?
  3. Unfair Practices Prohibited under the Bill
  4. Punishment
  5. Anti-argument
  6. Mock Questions

What is CABE?

  • Central Advisory Board of Education (CABE), is the highest advisory body to advise the Union and State Governments in the field of education. Particularly for the matters related to
  1. Review of the National Policy on Education, in the light of the significant socio-economic and socio-cultural developments taking place in the country.
  2. Girls Education and the Common School System
  3. Universalization of Secondary Education
  4. Integrating Culture Education in the School Curriculum
  5. Regulatory Mechanism for the Text Books and parallel text books taught in schools outside the Government system
  6. Autonomy and Financing of Higher and Technical Education.

Composition /Members

  • HRD minister= chairman
  • Ministers/officials of Union, State, UT- from relevant Departments (Education, Science, Tribal, Social Justice etc)
  • 6 MPs
  • Representatives from schools, academicians, NGOs etc.

Why in News?

Because CABE has come up with a “Prohibition of Unfair Practices in Schools Bill 2012”

Objectives of the bill?

  1. Put an end to the unfair practices prevalent in Indian schools.
  2. Protect the interests of teachers and students.

Unfair Practices Prohibited under the Bill

Exploitation of Teachers

  1. recruiting teachers without qualification
  2. recruiting teachers on part-time basis.
  3. giving teachers and other administrative staff lesser salary than shown in the school records.
  4. Exploitation of teachers through various other means (e.g. asking them to teach in more than one school ran by the same  Management.)

Exploitation of parents

  1. Demanding capitation fees/donation for admission.
  2. Not giving the receipts of fees-payment.
  3. Charging fees for information brochure, prospectus, admission form or an admission test (They’ll have to provide all such information on its website or notice board.)
  4. forcing students to purchase books, uniforms and other stationery from a particular shop.
  5. Insisting for private coaching in the school or outside after the school hours.
  6. Providing false or misleading advertisement.

Exploitation of Students

  1. Allowing students to appear for board exams, without conducting classes.
  2. Helping students to cheat during board exams.
  3. withholding students to appear in any examination (e.g. for not paying fees)
  4. expelling a student due to poor academic performance.
  5. Not showing answer sheets to parents/students.
  6. discrimination of SC, ST, OBC, physically challenged students.
  7. denying admission or expelling any student if he/she is reported to have any serious diseases such as HIV/AIDS.
  8. corporal punishment in class. (e.g. beating the students for not doing homework.)
  9. Any type of sexual harassment.

Punishment

The bill proposes to setup following authorities

  1. State Education Tribunal
  2. National Education Tribunal
  • They’ll receive the complaints and give punishments.
  • Courts cannot interfere/give stay-orders in ^their proceedings.
  • The burden of proof would be on the schools.
PunishmentUpto
Fine10 lakhs (will goto the consolidated fund of India)
Jail3 years.

Anti-argument

We are against corporal punishment and instruct the teachers not to beat students. But a teacher cannot be forced to undergo jail term for punishing the students to follow the right path. (-Progressive Recognised Teachers Union (PRTU))

Mock Questions

Which of the following statements are correct?

  1. Central Advisory Board of Education (CABE) is composed to oversee the Right to education only.
  2. Union Minister for Social Justice is the chairman of Central Advisory Board of Education (CABE).

Descriptive (Mains)

  1. Critically examine the need and feasibility for Universalization of Secondary Education in India. (25 marks)
  2. Write a note on the Salient features of Prohibition of Unfair Practices in Schools Bill 2012. (15 marks)
  3. Examine the need for Common School system in India (12 marks)
  4. Recommendations of Justice J S Varma Commission on teacher education. (10 marks)
  5. List the steps/initiatives taken by Government to promote Girl education in India? (10 marks)
  6. Central Advisory Board of Education (5 marks)

Essay

  • A punishment to some, to some a gift, and to many a favor.

Interview:

  • It is good to completely ban and criminalize corporal punishment of children? What about that saying “Spare the rod and spoil the child”?

Mrunal recommends

  1. (free) NCERT, NIOS, TN-Books
  2. Environment by ShankarIAS
  3. Indian Polity M.Laxmikanth (Hindi | English)
  4. Art & Culture by Nitin Singhania (Hindi | English)
  5. Spectrum: Modern History (Hindi | English)
  6. Bipin Chandra: Post Independence
  7. Fast-track to Arithmetic Rajesh Verma
  8. MK Pandey’s Analytical Reasoning
  9. Disha’s Topicwise Paperset (Hindi | English)
  10. School Atlas
  11. Mains: Language papers
  1. (free) NCERT, NIOS, TN-Books 4 History,Geo,Sci
  2. Indian Polity M.Laxmikanth (Hindi | English)
  3. Spectrum: Modern History (Hindi | English)
  4. Maths: Quantam CAT Sarvesh Kumar
  5. Objective General English SP Bakshi
  6. Word Power made Easy -Norman Lowe
  7. Topic wise Solved Paperset by Disha


So far 31 Comments posted

  1. kp

    Excellent stuff !!!!

  2. Bhupender Singh

    So nice…thanks

  3. Rohit

    IIPM should be held for providing false and misleading advertisement.

  4. indian24

    Hello Mr. Mrunal! I request you to please upload the answer key for CAPF exam held on 11.11.12! And also can you please make a detailed analysis of the score that can make in and previous year analysis too.. I mainly want to know on thing: Please suggest a book for Theories of Public Administration PLEASE. I have asked this previously too but unfortunately could not get the reply. I understand your time constraints but please do the needfull as it may help others too… Thankyou in advance and Goodluck!

  5. srikanth

    i want to understand here Courts cannot interfere here means once the bill is passed they wont be having any jurisdiction over tribunals formed? and what if the tribunals function like any other govt tribunals

    1. Mrunal

      it means if i complaint against a school, in that tribunal, then that school cannot approach HC/SC to get stay order against the proceedings in that tribunal.

  6. Havi

    Mrunal Ji
    Though out of topic a small query

    for ugc-net/jrf if we pursue post-grad in distance mode thru Ignou like M.A.(pol.sci) are we eligile to attempt & go to that???Having no pol.sci background in U_G stage
    like me having science at UG level but took M.A(pol.sci) at post graduate level ??

    plz help me

  7. udhayarasu

    hi mrunal, got a small doubt… the fine money goes to the consolidated fund of india.
    will the fine money goes to the same if the matter is taken up by state education tribunal???

  8. Abhinav Singh

    Thanks Sir for posting..
    Jut asking casually, whether they have not inculcated ill practice of Baptization (forcing Teacher and unprivileged student to convert to Christianity)?
    almost 95% of Indian Convent school are suffering from this dilemma.

    1. R.Kithan

      I didn’t expect hindutvas to be here. Bringing religion into everything. There are enough anti conversion laws directed against Christians across different states in India, i think it will easily cover your fear of conversion of poor unsuspecting non christians. And most Convent schools are secular. I don’t know where you got your damning “95%” statistics.

      1. Thimmaiah

        Branding a person who speaks of conversion as an agent of Hindutva shows your poor skills of interpretation. Maybe 95% fact not true, but definitely some schools are indulging in those cheap tactics. You know the prayers are changed to Christian ones, holidays being given to christian festivals and denied the same to Hindu festivals. Preferential treatment given to Christians for teaching spots. You can’t deny these facts my bro. And ofcourse please brand me as an RSS agent in your next comment. Lord Ram bless you.

        1. R.Kithan

          Although i appreciate your comment but this forum is not exactly the proper arena to discuss such issues but since you brought it up I would like to clarify that minority institutes whether Christian, Muslim or other such minorities(religious or cultural) which are run without govt support have the FUNDAMENTAL RIGHT to propagate their religion, they can give preference to students from their own community and at the same time can also set their own criteria for staff selections. They of course do not have the right to convert a student, and if infact there are some cases they are enough laws to tackle such misgivings. Moreover no one is forcing any student to join such institutes set up by the minorities. What I wanted to portray in my previous comment was that people tend to blame only the Christians about it and try to communalise it. Reports in “Frontline” reported how some BJP ruled states like Karnataka have started to impose the teaching of the Gita and Hinduism in GOVT schools but no one makes any hue and cry about it even though this goes against the secular character of the state. Moreover schools run by VHP like Ekal Eklavya Vidyalayas infact start with chanting of Sanskrit prayer Pasayadan and ends with the Ganapati mantra. So i believe its totally unfair to target only Christians. Moreover in such a forum of aspiring civil servants, it is highly unethical to target a particular religion and shows a dangerous predicament of aspiring future civil servants who are supposed to help run a secular state.

          1. nishi

            @r.kithan ven minorities propagate their religion it is their fundamental rt.bt ven v teach studnts at dutifulnes it is communalism?r they nt dual standards.since last 1000 yrs v r facing same situation n unfortunatly after 65 yrs of independence also.

            regardin gita it is nt proslethysation n evangalism.it teaches the way of leading dutiful,happy way n art of living life

            if child is taught moral thngs 4m childhood dat 2 4m gita,they will bcum best of human resources.patriots n grt human beings

    2. nishi

      this govt. will do nythng 2 promote minority(vote bank) conversion will fetch dem votes(divide n rule) so v cant xpect nythng 4m sonia

      this is serious concern 4 responsible citizens bt as upsc aspirant v shudnt speak on such issues.bt if v were speaking in favour of minorities den v r vry sensible othrwise v blong 2 rss n insensible

      ppl who talk of secular wont knw meaning of secularism.dis is wat our education has made the harm

  9. ankita

    hello sir,
    your article is wonderful.but i have a small doubt..
    can you please explain what does common school system mean?

  10. Pr.Suguresh Hiremath

    HAPPY DIWALI… As my opinion The points which are mentioned in Unfair Practices Prohibited under the Bill all are well and good accept corporal punishment in class , because it may leads to negligence in both learning and teaching.

  11. shahnawaj

    very nice sir

  12. navneet

    Does the 6th point under Exploitation of Parents = “Providing false or misleading advertisement” also refer to bogus coaching centers like Delhi’s ?

    1. Mrunal

      Coaching class matter falls under Consumer courts.

  13. chandra

    India’s demographic dividend(major population age) in coming years by 2020 is around 29 years that means a population with an average age of 29.Whats interesting here is that the same for China is 37 years and US is 38 years.This means around 2020 we will have maximum population as young Indians.
    So its important that young Indians are meaningfully participated in the economy and contribute to growth.
    I have done similar analysis on this issue here “http://chandranathkumar.blogspot.com/2012/11/the-prohibition-of-unfair-practice-in.html”

  14. Shashank Amrohi

    Very informative. Every bit of this site is a resource.

    Thanks!

  15. Ramba

    CABE – Right to Education only?

  16. jeremy scott longchamp

    I agree with the comment of you. Thanks for share with us

  17. pal

    When you say CABE includes “representatives from schools” will it include school management groups for example Unaided Schools Forum, Association of Unaided Schools etc ? I feel the provisions like “Providing false or misleading advertisement” and “forcing students to purchase from school bookshop only” are happening more in these cases where school management is very much involved.

  18. love sharma

    acc 2 me…ban on corporate punishmnt in school is upto mark bcz we can nt mould or change or improve d child by punishing or by showing fear….it wil make him used to of punishmnt n mreovr spoiled him made dem mre vulnerable n smetym least intersted in studies leading 2 dropouts frm schools disregarding RTE …..n nw a days there is list of news about by beating d childrens several of dem died due to injuries…m nt saying he should nt be corrected but we can bring d child 2 right path by various other means…lyk teaching him moral lessons , encourage him 2 correct his mistakes , defining between good n bad n its future effects……

  19. J A

    1.false
    2.false(hrd minister is chairman)
    sir pls tell whether 1st one is false only?

Write your message!