IRJMSH Vol 7 Issue 3 [Year 2016] ISSN 2277 – 9809 (0nline) 2348–9359 (Print)

PRIVITIZATION OF EDUCATION: ITS IMPACT ON RIGHT TO EDUCATION

Nitish Nayyar
Assistant Professor
Deptt.of Commerce
G.G.D.S.D.College
Hariana-144208
Hoshiarpur(Punjab)
Email:nitishnayyar@gmail.com
Contact No.-07696121262,07696656467

Abstract

This paper examines the privatization of Indian higher education. The key argument of this paper
is that higher education in India is being de facto privatized on a massive scale.But this
privatization is not a result of changing ideological commitments of the key actors—the state, the
judiciary or India’s propertied classes. Rather, this privatization has resulted from a breakdown
of the state system. As a result, it is a form of privatization whose ideological and institutional
underpinnings remain very weak. Instead of being part of a comprehensive program of education
reform, much of the private initiative remains hostage to the discretionary actions of the state.
Now a day’s Privatization has acquired almost all fields of economy. Privatization has been
introduced in education sector too. The factors which facilitate the privatization in education
sector are many. Quality improvement is the main objects behind privatization of Education.
There are many advantages and a disadvantage of it.In India to get education has become a
fundamental right. Right to education is often violated due to privatization in education sector.
Privatization in education cannot be opposed totally. If proper measures are taken privatization
will help for proper exercise, promotion and protection of right to education in India.

Keywords : Education, Privatization, Right to Education, Constitution.

INTRODUCTION

Privatization has taken over almost all fields of economy . Field of education is no exception to it
. There are many reasons and objects of Privatization in the field of education and it has its own
merits and demerits. Right to get education is one of the fundamental rights guaranteed in Indian
Constitution. Privatization of Education affects the right to education. This paper examines the
political economy of Indian higher (tertiary) education. The key argument of this paper is that
higher education in India is being de facto privatized on a massive scale. But this privatization is
not a result of changing ideological commitments of the key actors—the state, the judiciary or
India’s propertied classes. Rather, this privatization has resulted from a breakdown of the state
system. As a result, it is a form of privatization whose ideological and institutional underpinnings
remain very weak.Since the impact of privatization is penetrating all sectors of the economy, it is
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bound to affect education sector as well. As it is very difficult to meet the democratic aspirations
of the people for further expansion of educational system due to paucity of resources it is
therefore, being felt that the private sector is inducted in education so that it car share the burdens
of the state in funding education.

Instead of being part of a comprehensive program of education reform, much of the private
initiative remains hostage to the discretionary actions of the state. As a result, the education
system remains suspended between over-regulation by the state on the one hand, and a
discretionary privatization that is unable to mobilize private capital in productive ways. The
result is a sub-optimal structuring of higher education.

WHAT IS EDUCATION

The term ―Education‖ is derived from Latin word ―educate‖ which means to ―learn‖ and ―to
know‖. The term education can be understood in its two senses. One in Strict or narrower sense
and another in liberal or broader sense. In its strict sense education connotes learning process in
schools, colleges and universities. So in this sense education is limited within buildings and
premises of educational institutions. But in its liberal or broader sense education connotes a
perpetual learning process which is not limited within the four walls of educational institutions
including schools, colleges and universities. Privatization of educational impacts on education in
its two senses.In India, the privatization of education has been taking place at the school level
without much resistance. But it has not made much dent into other levels. However privatization,
though necessary has some drawbacks. Private education trusts often become merely profit
making business ventures with no social ideals or objectives.

PRIVATIZATION OF EDUCATION

The main idea of privatization implies Control of private ownership in enterprises and
organization owned by state. Gradual transformation of public enterprise into private Enterprise
is the feature of privatization .There is no control of State over private enterprises. Privatization
also includes introduction of private management and control in public enterprises. Privatization
may be total or partial. It means it may vary from zero public or state ownership to various
degrees and levels of private ownership .This privatization has conquered the majority area of
education sector in India. For Indians, higher education has been, in Stanley Wolpert’s evocative
words, ―the swiftest elevators to the pinnacles of modern Indian power and opportunity.‖ This
realization, coupled with the severe limitations of publicly funded higher education institutions
and the greater purchasing power of the middle class, means that Indians are prepared to pay
rather than be denied. According to NSS data, the government’s share in overall education
expenditure has been declining steadily, from 80 percent in 1983 to 67 percent in 1999. For
states like Kerala, the decline is steep, from 75 to 48 percent, while for Madhya Pradesh it is
from 84 percent to 68 percent. Indeed, while private expenditure on education has risen 10.8
times in the last 16 years, that for the poor rose even faster, by 12.4 times. Many students who

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formally enroll in publicly funded colleges and universities, barely attend classes there. Instead,
they pay considerable sums to the burgeoning private sector vocational IT training firms such as
NIIT and the Aptech.

There are many reasons behind privatization in education sector in India. The main reason
behind it is that the state is overburdened with many responsibilities. Today’s State is welfare
State and as a welfare State it has to undertake many responsibilities including education. In
order to fulfill all the responsibilities state does not have sufficient resources, including economic
resources. So State tries to reduce its responsibility of education by shouldering it upon the
private enterprises. Lack of sufficient resources is the main reason behind privatization of
education.

Secondly Public Enterprises do not provide education of as much better quality as expected by
its recipients. Reasons behind it may be many like lack of sufficient resources etc. Private
educational institutions claim to provide better quality education than public educational
institutions. So recipients of education give preference to private educational institution. Main
object of those who take services from such educational institution is to get education of better
quality. Big and wealthy industrialists, Politicians etc. are often owners of such private
educational institutions. Some rules and regulations made by state provide for assistance of state
for such private institutions too. So it is true to some extent that production of better quality
education is possible, because economic, political and social factors in India are in favour of
Privatization and they facilitate it.

In order to decide whether particular educational institution is private or public that is owned by
state there may be two main criteria. First, Funding source and second control. If substantial fund
is raised by that institution itself and it is under no control of state, it is private institution. State
can exercise control over such institution but it is very weak and cannot prevent such institutions
from becoming autonomous bodies.

Main object behind privatization of education is said to be quality improvement and to provide
better quality education. Apart from this there are some other advantages of privatization of
education.

The state or public educational institutions do not have proper resources so they cannot provide
better facilities of education. On the other hand the owners of private educational institutions
belong to very rich class of society and these institutions have all kinds of resources. So these
institutions provide all those better facilities of education which are not provided by public
educational institutions. Modern facilities like different modes of Communications, robots,
lasers, new industrial material, various tools and products incorporating the micro chip etc. are
provided by only private sector.

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Secondly, Private sector is very sensitive for any change which is occurred and for any change
which is likely to be occurred. According to change and want of time it changes itself so as to
suit the prevailing situations, because private sector is very flexible. When demands and
necessities of society in respect of education changes private sector education institutes are fully
equipped to fulfill such demands and necessities of society. Such demands and necessities cannot
be fulfilled by public sector education institutions, as they are working according to rigid rules of
states and so they themselves are rigid.

Thirdly, as the important object behind privatization is quality improvement .Private sector
provides better quality education than the education provided by public sector or state owned
educational institutions.

Fourthly easy access to education has become possible due to privatization. To get education has
become somewhat easy as due to privatization number of educational institutions like schools,
colleges and universities are increased. Again different methods of communications are
developed so that teaching and learning process can be done anywhere and anytime.

Lastly such privatization reduces the burden of state. State can utilize its resources for any other
purposes.

But there are some disadvantages of privatization of education too. Firstly education this subject
is included in the concurrent list in Indian Constitution. Both central as well as state government
must take share of their responsibilities in the matter of education . But due to reluctant attitude
and lack of proper resources gradually it has become the duty of state. Later on privatization
entered into the area of education and the attention and control of state government in the area of
education is decreased up to considerable extent. So privatization in the area of education has
been resulted in avoidance of responsibilities towards education by central as well as state
government, which is not in the interest of education and democracy. Highly regarded
economists all writing about the impact of privatization on countries have asserted that
privatization has: (1) been ―beneficial to many countries‖; (2) ―increased average incomes but
also increased income differentials‖; (3) has ―resulted in social and political chaos‖; and (4) has
―frequently produced private monopolies that are fully as inefficient as the government
enterprises they replaced and more corrupt.‖ Don’t look for consensus within education either. In
general, pro-privatization advocates tout its benefits for improving the cost-effectiveness,
responsiveness, and innovation of public services, while anti-privatization advocates lament the
probable degradation, un-equalizing effects, and even loss, of those same public services with the
advent of privatization. Both sides are well-populated on such ―privatization‖ issues in education
as private, especially for-profit, schooling, contract schooling, virtual schooling, charters,
vouchers, and for-profit universities – all considered in this issue of UrbanEd.

Secondly, privatization of education has resulted into tremendous increase of educational

institutions. In order or reduce responsibilities state has framed political and economic policies

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which encourages and boosts establishment of many kinds of private educational institutions
without any rational .In this behalf the fact that majority of politicians are the owners of such
private educational institutes. Cannot be ignored. In India, in the year 2003-2004 there were total
12, 08,398 educational institutions, of which majority educational institutions belong to private
sector. Private educational institutions are increasing day by day. Such tremendous increase has
been proved fatal for that educational institution too. Some of such educational institutions are in
existence for the sake of name only and still they are claiming governmental benefits and
facilities.

Thirdly, though the object behind privatization of education is said to be quality improvement,
this object is not fulfilled. In majority of educational institutions quality compromise is observed.
Their staff is not properly qualified and provides services for fewer sums. By using such staff
such institutions earn considerable amount of profit but in return do not provide better quality
education. Lack of proper classrooms, technological devices etc. are some features of such
institutions.

Fourthly private educational institutions have become absolutely, autonomous bodies. In T.M.A.
Pai Foundation versus State of Karnataka case Supreme Court gave its judgment on Oct 31,
2002. The judgment highlights three important points:

A. Minority institutions are totally independent and free from control of state.

B. Unaided educational institutions like private educational institutions are also

free from substantial control of state. So they can decide procedure of admission and can
charge any amount of fee because fees chargeable by such educational institutions cannot
be regulated by state, and

C. All citizens have a right to establish and administer educational institutions

according to choice under Article 19(1)(g) of Indian constitution. Article 19(1) (g) of
Indian constitution provides a fundamental right to conduct any business, trade,
occupation or to practice any profession. So now as a matter of right to conduct business
educational institutions can be established and administered.

We find all the aforesaid features in case of private educational institutions. State cannot exercise
any control or can exercise very weak control over such private educational institutions. So these
institutions have become absolute autonomous bodies functioning for their own objects.

Fifthly these institutions particularly those working at school level impart education in English
language. They charge very high fees which cover not only the current cost of education but also
contribute towards costs of building and other equipments. Under the name of tution fee,
development fee, building fee, games fee, cultural programmes fee these institution charge
considerable big amount of fee. In return of it they do not provide better quality education.

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In this way majority of private educational institutions have converted education into business
enterprise. Earlier these institutions were confined to urban areas, metropolitan and big cities.
But now days they are spreading smaller villages and even to villages and other rural areas.
Ultimately it results into lowering the standard of education.

RIGHT TO EDUCATION AND PRIVITIZATION OF EDUCATION

In order to examine the impact of privatization of education on right to education on right to

education one must understand what is right to education.

Technically and legally right is that interest which is recognized and protected by law of state.
Every Indian Citizen’s interest in education is recognized and protected by laws particularly
Indian Constitution.

In India to take education is a right and it is fundamental right. Constitution of India is mother of
all the laws. It contains many provisions which makes right to education is one of the
fundamental rights.

Article 21-A of Indian Constitution provides that the state shall provide free and compulsory
education to all children of the age of six to fourteen years in such manner as the state may by
law, determine. This provision has been added to Indian constitution by eighty sixth amendment
in 2002. This Article is in the part of fundamental rights and so it has made fundamental right.
Article 29(2) says that no citizen can be denied admission into any educational institutions
maintained by the state or receiving aid out of state funds on grounds only of religion race ,
caste, language or any of them. Article 30 provides that the minorities either religious or
linguistic have the right to establish and administer educational institutions. So the right to
education has been provided for minorities too.

The Privatization of education has been proved to be harmful to greater extent, for right to
education. Firstly as already discussed due to financial position many poor and backward persons
are denied admission in such private educational institutions.

Secondly these private educational institutions do not provide the education of better quality.
Here one thing which is to be noted that right to education flows directly from right to life under
article 21, and right to life means right to live life of better quality and with dignity. So this
quality Compromise in private educational institution is violative of right to education.

Thirdly according to articles 41 and 45 of Indian Constitution it is the duty of state to protect and
promote the right to education. But directly or indirectly state helps the policy of privatization of
education. Some plans and policies of state facilitate the privatization of education. Some
politicians and ministers are owner of private educational institutions and this fact cannot be
ignored. So it can be said that state is also participating in violation of right to education.

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CONCLUSION

Privatization of education has resulted into violation of right to education. It has created a big
problem. In order to solve this problem some measures can be suggested.

Firstly Privatization of education cannot be opposed totally. State may allow Private institutions
to provide education but such institutions should be subject to control of state. Whenever any
constitutional right including right to education is violated by such institutions state should
intervene in it.

Secondly Public educational institutions should be made well equipped with all the resources so
that they can provide better quality education. For this purpose state can increase the fees of such
public educational institutions. In the area of educational the contribution of corporate sector is
very less. State can make compulsory for corporate sector to contribute financially towards
public educational institutions.

Thirdly it must be kept in mind that to provide education is not a business, but it is a noble
service, and so private sector educational institutions should also take affirmative action’s to help
to weaker sections to get the better quality education. State can make it compulsory by suitable
legislations.

Fourthly state by suitable legislation should fix the criteria regarding the number of private
educational institutions, State’s control over it, services to be provided by them etc.

Fifthly those private institutions which are in existence for the sake of name only, the institutions
which are engaged in corruption and those who do not provide better quality education must be
closed.

REFERENCES
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[4] Acharya, Shankar. 2002. ―Macroeconomic Management in the 1990s,‖ Economic and
Political Weekly April 20, 2002, pp. 1515-1538.
[5] Patel,S.A. 2012. ―Privatization of Education:Impact on Right to Education,‖ International
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