Education is fine example of the strengths and weaknesses of judicial activism in India. The Right to Education (RTE) Act was passed in 2009, arising out of constitutional amendment in 1999 that redefined the right to life as including education (!). Private schools challenged the act, especially its requirement that they reserve 25% of places for lower castes, but the Supreme Court upheld it.
To see what all this means on the ground, I duck out of my boring conference and head for Madanpur, a colony for slum dwellers ‘rehabilitated’ in 2000 – i.e. their previous homes were steamrollered and they were shunted to the margins of Delhi. Its current population of 145,000 earns income from construction, domestic work etc – almost entirely in the informal economy.
Oxfam India’s partner, the slightly ungrammatical EFRAH (Empowerment for Rehabilitation, Academic and Health) is an RTE activist NGO working with schools to implement the Act – part support, part watchdog (‘they like us, and they are afraid of us’). There is plenty to work on, as the gap between the Act and reality is great: it mandates school management committees with equal teacher/parent representation, but there are none to be seen in Madanpur.