After 60 years of Independence and many international magazine covers later, the story of India is not all hope and glitter. In its wide dark spaces, which threaten to get bigger and darker, discrimination and inequity fester. In a Public Interest litigation filed by the Salamvelu Gandhi alias Velu on September 17th 2007, sought a complete ban on “caste disclosure” forms circulated by schools to students during the time of admission. However the Court dismissed the PIL. The 81-year old freedom fighter from Tamil Nadu argued his case himself mainly in Tamil with an occasional mix of English. The Court held that schools should not force students to disclose their identity at the time of admission. A Bench headed by Chief Justice of India K.G. Balakrishnan said it should be left to the discretion of the student or his or her parents to disclose the caste identity. Appreciating the laudable objectiveof the Petitioner, the court expressed its inability to issue any direction to the authorities as it would create problems for those who want to avail of  free scholarships and other benefits meant for students from weaker sections of the society.

According to the 2001 census while SC’s form 16.20 per cent of the population, ST’s account for 8.08 percent.

The Bench noted that the school leaving certificate (SLC’s) mentioned SC’s, ST’s and other backward Castes and the certificate was used for availing of benefits of reservationin higher education and Government jobs. The Petitioner submitted before the Court that most of the schools in India at the time of admission insisted that they reveal the caste to which they belong to at the time of filling the admission forms this according to him promoted casteism in the Indian Society.He further submitted that by perpetuating such “Feudal practices”, the State that had the duty to ensure equality of law under the constitution, was abdicating its obligation by following such practices. Theoretically, there is admirable concern for children especially from socially backward groups. This is reflected in the guiding principles of the Constitution of India: equality before law, equal protection to all and non-discrimination, expanded further in Articles 14, 15, 17, 25-28, 29 and 30 which promise social and economic justice to all in addition to the guarantee of doing away with biases.

In 2001 was launched Sarva Shiksha Abhiyan (SSA) which aimed for universalisation of education, it had particular directives for bridging social and gender gaps, While the Integrated Child Development Services (ICDS) launched in 1975, focuses on areas predominantly inhabited by the SC, ST besides drought-prone regions and urban slums. In addition, there are specific schemes for fee concession, scholarships, book banks, merit scholarships, training for state services, hostel grants, running of Ashram schools (for STs) and Kasturba Gandhi Balika Vidyalayas (for SC, ST and minority community adolescent girls).

Implementation of these well-intentioned national schemes in the states remains poor. ‘Elementary Education in India, Where do We stand’, a 2004 publication of the National Institute of Education Planning and Administration (NIEPA) has studied the proportion of students from SCs and STs that make it through the education system.

Private school managements have been less than friendly to socially disadvantaged children. In 2004, only 12.48 per cent and 10.32 per cent of the total SC children enrolled in primary and upper primary schools respectively were going to private schools. For instance, admission to private schools comes after an interview conducted in English with parents. There is also an unspoken preference for children of professionals. School admission forms have columns that ask for the mother’s education qualification. This loads the process against children, many of who may be the first generation of learners in the family aspiring for admission to such schools.

-Prabhu Dayal