[hr-education] Debate over introduction of HRE in national curriculum in India

Dear Friends,

Hereunder is an order by the National Human Rights Commission (NHRC) of
India. The NHRC is the apex institution of the country for the protection
and promotion of human rights of the people of India. Presently, the
Government of India is working hard to revise the school curriculum and
school textbooks. The work is entrusted with the National Council for
Educational Research and Training (NCERT).  Several among the academics,
social activists and human rights researchers have expressed concern about
the way this is being done.  They complaint that in the name of revision a
school education is on its way to be introduced that will generate future
citizens insensitive to plurality, cultural diversity and social justice.
In consequence, there are all possibilities for the school education
itself becomes instrumental for human rights violations. A group of
educators have, therefore, moved to the NHRC with a petition. The
following order is a response to that appeal.  This document indicates
what human rights education should take into account.

Thanks,

Somen Chakraborty, Coordinator, Human Rights Unit,
Indian Social Institute, New Delhi
-------------


		NATIONAL HUMAN RIGHTS COMMISSION

                            SARDAR PATEL BHAWAN

                                        NEW DELHI


Complaint referred by              : Dr. Janaki Rajan & Others

Case No.                                   : 3045/30/2002-2002

Date                                          : 9 January, 2002


CORAM

Justice Shri J.S. Verma, Chairperson, Dr. Justice K Ramaswamy,
Member, Justice Mrs. Sujata V. Manohar, Member, Shri.
Virendra Dayal, Member


		PROCEEDINGS

Right to development is the most basic right of every child, duly
recognised by the Convention on the Rights of the Child (1989), to which
India is a party and it has been reiterated in the World Conference at
Vienna (1993).  Article 39(f) incorporates the right to development as a
Directive Principle of State Policy. Education is the most effective tool
and medium for human development.  Right to education has been judicially
construed to fall within the guarantee of right to life in Article 21 and
now it is being expressly included in Part III of the Constitution as a
fundamental right.

Freedom of information is the essence of democracy.  Education helps to
develop that trait.  It must, therefore, be also a medium of exposure to
different points of view based on depiction of established facts.

It is the obligation of the school to disseminate all necessary
information children require to facilitate them in making informed choices
about their own lives. The school is the agent for translating the child's
right to development into informed action.

Thus, right to education of every child is clearly a human right and its
proper direction a human rights issue.  This is the issue raised in this
petition by some educationists who allege that the revision of text books
for children's education is likely to adversely affect their development
and may distort their personality, which affects human development.  No
doubt formulation of policies is within the domain of government. However,
the constitutional philosophy in the Preamble, the fundamental guarantees
and the mandate of regulation of policy formulation by the Directive
Principles of State Policy has to be respected and when it is alleged that
a policy or state action would adversely affect the development of
children it becomes a human rights issue requiring examination by the
NHRC, in exercise of its statutory functions.


Issue notice to the Ministry of HRD, Government of India and NCERT, New
Delhi for reply within eight weeks.

Put up, thereafter, for further consideration.

(Jusice J.S.Verma) Chairperson
(Justice K. Ramaswamy) Member
(Justice Sujata V. Manohar) Member
(Virendra Dayal) Member




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