Usually schools, working in remote areas, do not fully comply with government regulations. However, if the rules are enforced strictly, it would lead to most schools closing down. How should an administrator strike a balance between enforcement of rules and educational rights of children?
The dilemma pits rule of law against substantive right to education under Article 21A and the RTE Act, 2009.
Balanced Administrative Approach:
- Assess ground reality: Distinguish between critical non-compliance (unsafe buildings, unqualified teachers, child safety) and formal gaps (playground area, boundary walls) that don't harm children.
- Zero-tolerance for safety violations; graded compliance for infrastructural gaps.
- Convert enforcement into support: Instead of closing schools, deploy Samagra Shiksha funds, mobile science labs, teacher-training via DIETs.
- Sunset timeline: Grant a defined compliance window with quarterly milestones.
- Community and Panchayat involvement: Mobilise local resources; leverage School Management Committees under RTE.
- Alternative delivery: Where closure is unavoidable, ensure residential/transport arrangements before disruption.
- Escalate policy gap: Recommend context-specific norms for remote/tribal areas to the state government.
Guiding Principle: Rules serve children, not vice versa. Rigid enforcement that denies education violates the very purpose of the rule — sensitive, phased compliance protects both legality and rights.
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Sarvesh Jha
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