Justice Verma
Committee
Justice Verma Committee was
constituted to recommend amendments to the Criminal Law so as to provide for
quicker trial and enhanced punishment for criminals accused of committing
sexual assault against women. The Committee submitted its report on
January 23, 2013.
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Background:
On December 23, 2012 a three member
Committee headed by Justice J.S. Verma, former Chief Justice of the Supreme
Court, was constituted to recommend amendments to the Criminal Law so as to
provide for quicker trial and enhanced punishment for criminals accused of
committing sexual assault against women. The other members on the
Committee were Justice Leila Seth, former judge of the High Court and Gopal
Subramanium, former Solicitor General of India.
The Committee submitted its report on January 23, 2013. It made recommendations on laws related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims, police, electoral and educational reforms. We summarise the key recommendations of the Committee. Rape:
The Committee recommended that the
gradation of sexual offences should be retained in the Indian Penal Code,
1860 (IPC).
The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of power. Rape should be retained as a separate offence and it should not be limited to penetration of the vagina, mouth or anus. Any non-consensual penetration of a sexual nature should be included in the definition of rape. The IPC differentiates between rape within marriage and outside marriage. Under the IPC sexual intercourse without consent is prohibited. However, an exception to the offence of rape exists in relation to un-consented sexual intercourse by a husband upon a wife. The Committee recommended that the exception to marital rape should be removed. Marriage should not be considered as an irrevocable consent to sexual acts. Therefore, with regard to an inquiry about whether the complainant consented to the sexual activity, the relationship between the victim and the accused should not be relevant. Sexual assault: Currently, “assault or use of criminal force to a woman with the intent to outrage her modesty” is punishable under Section 354 of the IPC with 2 years imprisonment. The term outraging the modesty of a woman is not defined in the IPC. Thus, where penetration cannot be proved, the offence is categorized as defined under Section 354 of the IPC. The Committee recommended that non-penetrative forms of sexual contact should be regarded as sexual assault. The offence of sexual assault should be defined so as to include all forms of non-consensual non-penetrative touching of a sexual nature. The sexual nature of an act should be determined on the basis of the circumstances. Sexual gratification as a motive for the act should not be prerequisite for proving the offence. The offence should be punishable with 5 years of imprisonment, or fine, or both. Use of criminal force to disrobe a woman should be punishable with 3 to 7 years of imprisonment. Verbal sexual assault: At present, use of words or gestures to “insult a woman’s modesty” is punishable with 1 year of imprisonment or fine or both under Section 509 of the IPC. This section should be repealed. The Committee has suggested that use of words, acts or gestures that create an unwelcome threat of a sexual nature should be termed as sexual assault and be punishable for 1 year imprisonment or fine or both. Sexual harassment: Some of the key recommendations made by the Committee on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 that is pending in Parliament are provided below:
Acid attack: The Committee opined that the offence should not be
clubbed under the provisions of grievous hurt which is punishable with 7
years imprisonment under the IPC. It noted that the offence was addressed in
the Criminal Laws Amendment Bill, 2012 which is currently pending in
Parliament. The Bill prescribes a punishment of imprisonment for 10
years or life. It recommended that the central and state government
create a corpus to compensate victims of crimes against women.
Offences against women in conflict areas: The continuance of Armed Forces (Special Powers) Act (AFSPA) in conflict areas needs to be revisited. At present, the AFSPA requires a sanction by the central government for initiating prosecution against armed forces personnel. The Committee has recommended that the requirement of sanction for prosecution of armed forces personnel should be specifically excluded when a sexual offence is alleged. Complainants of sexual violence must be afforded witness protection. Special commissioners should be appointed in conflict areas to monitor and prosecute for sexual offences. Training of armed personnel should be reoriented to emphasise strict observance of orders in this regard by armed personnel. Trafficking: The Committee noted that the Immoral Trafficking Prevention Act, 1956 did not define trafficking comprehensively since it only criminalised trafficking for the purpose of prostitution. It recommended that the provisions of the IPC on slavery be amended to criminalise trafficking by threat, force or inducement. It also recommended criminalising employment of a trafficked person. The juvenile and women protective homes should be placed under the legal guardianship of High Courts and steps should be taken to reintegrate the victims into society. Child sexual abuse: The Committee has recommended that the terms ‘harm’ and ‘health’ be defined under the Juvenile Justice Act, 2000 to include mental and physical harm and health, respectively, of the juvenile. Punishment for crimes against women: The Committee rejected the proposal for chemical castration as it fails to treat the social foundations of rape. It opined that death penalty should not be awarded for the offence of rape as there was considerable evidence that death penalty was not a deterrence to serious crimes. It recommended life imprisonment for rape. Medical examination of a rape victim: The Committee has recommended the discontinuation of the two-finger test which is conducted to determine the laxity of the vaginal muscles. The Supreme Court has through various judgments held that the two-finger test must not be conducted and that the previous sexual experience of the victim should not be relied upon for determining the consent or quality of consent given by the victim. Police reforms: The Committee has recommended certain steps to reform the police. These include establishment of State Security Commissions to ensure that state governments do not exercise influence on the state police. Such Commissions should be headed by the Chief Minister or the Home Minister of the state. The Commission would lay down broad policy guidelines so that the Police acts according to the law. A Police Establishment Board should be established to decide all transfers, postings and promotions of officers. Director General of Police and Inspector General of Police should have a minimum tenure of 2 years. Reforms in management of cases related to crime against women:
Electoral reforms: The Committee recommended the amendment of the Representation of People Act, 1951. Currently, the Act provides for disqualification of candidates for crimes related to terrorism, untouchability, secularism, fairness of elections, sati and dowry. The Committee was of the opinion that filing of charge sheet and cognizance by the Court was sufficient for disqualification of a candidate under the Act. It further recommended that candidates should be disqualified for committing sexual offences. Education reforms: The Committee has recommended that children’s experiences should not be gendered. It has recommended that sexuality education should be imparted to children. Adult literacy programs are necessary for gender empowerment. |
Tuesday, 1 November 2016
Justice Verma Committee (2012)
Janardhana Reddy Committee (1992)
Janardhana
Reddy Committee (1992)
The Central Advisory Board of Education (CABE) in its meeting held on 8-9 March, 1991 examined the procedure to be adopted for consideration of the report of the Ramamurti Review Committee and decided that a CABE committee to be constituted to consider threcommendations of the Ramamurthi Committee. The CABE committee was appointed under the chairmanship of Sri.Janardhana Reddy on 31st July, 1991 to review the implementation of the various parameters of NPE taking into consideration the report of the Ramamurti Review Committee.
The major recommendations of that committee are listed below:
1. Common School system: effective measures need to be taken to implement the provision of NPE in regard to common school system. To this end, disparities between schools should be ended as early as possible by upgrading the quality of ordinary schools and providing amenities for achieving minimum levels of learning.
2. Navodaya Vidyalayas:The scheme should continue and a Navodaya Vidyalaya should be set up in each district as originally envisaged. Further, the following measures are suggested.
Constant review to keep the scheme as cost effective as possible.Ensuring the continued validity and reliability of the admission tests by periodic evaluation and appropriate modification of admission procedures, and More particular attention to the pace-setting role of these institutions.
3. ECCE: the scope of Article 45 of the constitution need not be enlarged. The Anganawadi workers should play an expanded role for a number of activities and support services for women and children, such as child care, family welfare, nutrition and health.
4. Universalisation of elementary Education: what is needed is not so much a constitutional amendment as suggested by Ramamurti Committee as a manifestation of a national will to achieve UEE. Operation Black board, being one of the priorities strategies for UEE, should continue during the vii plan, in an expanded and extended form.
5. Adult and continuing education: the ‘dual track approach’ of promoting simultaneously UEE and adult literacy should continue in educational planning. Programmes of post- literacy and continuing education should be planned for neo-literates.
6. Secondary Education: it would be necessary to bring about a planned expansion of secondary education facilities all over the country to cope with new demands for secondary education. Open learning should be given utmost encouragement.
7. Vocationalisation of Education: the existing vocational stream at the +2 level may be suitably strengthened and, wherever possible, the vocational courses may be started from class ix also. The idea of core vocational course is attractive. The work experience programme should have practical orientation in relation to various subjects.
8. Management of Education: the idea of educational complex may be tried on an experimental basis in selected areas. The District Board of Education should be set up and operationalised expeditiously. Constitution of specialized stale level education Tribunal is desirable. “Making the system work” has to be treated as non negotiable. Formulation and Implementation of an Action Plan to put into practice the strategy outlined in the NPE is strongly recommended.
9. Resources for Education: the practice of teaching education as a residual sector in the matter of allocation of resources should be reversed. Need based financing has to be provided for priority areas like UEE, Adult Literacy and vocationalisation. Higher education and technical and management education has to be progressively made largely self- financing by revising the fee structure with appropriate support to the needy students by way of student loans.
Considering the reports of the two Review Committees, NPE, 1986 was revised in 1992 with an addition of two paras and modification of 31 paras.
The Central Advisory Board of Education (CABE) in its meeting held on 8-9 March, 1991 examined the procedure to be adopted for consideration of the report of the Ramamurti Review Committee and decided that a CABE committee to be constituted to consider threcommendations of the Ramamurthi Committee. The CABE committee was appointed under the chairmanship of Sri.Janardhana Reddy on 31st July, 1991 to review the implementation of the various parameters of NPE taking into consideration the report of the Ramamurti Review Committee.
The major recommendations of that committee are listed below:
1. Common School system: effective measures need to be taken to implement the provision of NPE in regard to common school system. To this end, disparities between schools should be ended as early as possible by upgrading the quality of ordinary schools and providing amenities for achieving minimum levels of learning.
2. Navodaya Vidyalayas:The scheme should continue and a Navodaya Vidyalaya should be set up in each district as originally envisaged. Further, the following measures are suggested.
Constant review to keep the scheme as cost effective as possible.Ensuring the continued validity and reliability of the admission tests by periodic evaluation and appropriate modification of admission procedures, and More particular attention to the pace-setting role of these institutions.
3. ECCE: the scope of Article 45 of the constitution need not be enlarged. The Anganawadi workers should play an expanded role for a number of activities and support services for women and children, such as child care, family welfare, nutrition and health.
4. Universalisation of elementary Education: what is needed is not so much a constitutional amendment as suggested by Ramamurti Committee as a manifestation of a national will to achieve UEE. Operation Black board, being one of the priorities strategies for UEE, should continue during the vii plan, in an expanded and extended form.
5. Adult and continuing education: the ‘dual track approach’ of promoting simultaneously UEE and adult literacy should continue in educational planning. Programmes of post- literacy and continuing education should be planned for neo-literates.
6. Secondary Education: it would be necessary to bring about a planned expansion of secondary education facilities all over the country to cope with new demands for secondary education. Open learning should be given utmost encouragement.
7. Vocationalisation of Education: the existing vocational stream at the +2 level may be suitably strengthened and, wherever possible, the vocational courses may be started from class ix also. The idea of core vocational course is attractive. The work experience programme should have practical orientation in relation to various subjects.
8. Management of Education: the idea of educational complex may be tried on an experimental basis in selected areas. The District Board of Education should be set up and operationalised expeditiously. Constitution of specialized stale level education Tribunal is desirable. “Making the system work” has to be treated as non negotiable. Formulation and Implementation of an Action Plan to put into practice the strategy outlined in the NPE is strongly recommended.
9. Resources for Education: the practice of teaching education as a residual sector in the matter of allocation of resources should be reversed. Need based financing has to be provided for priority areas like UEE, Adult Literacy and vocationalisation. Higher education and technical and management education has to be progressively made largely self- financing by revising the fee structure with appropriate support to the needy students by way of student loans.
Considering the reports of the two Review Committees, NPE, 1986 was revised in 1992 with an addition of two paras and modification of 31 paras.
Ramamurti Review Committee (1990)
National Policy on Education - Review Committees
The implementation of the National Policy on Education 1986 was evaluated by two committees namely the Ramamurti Committee (1990) and the Janardhana Reddy Committee (1992). As a result of the recommendations of these two committees, slight modifications were made in the NPE in 1992.
Ramamurti Review Committee (1990)
Despite efforts at social and economic development, a majority of our people continue to remain deprived of education, which is one of the basic needs for human development. Government accords the highest priority to education – both as human right and as the means for bringing about a transformation towards a more humane and enlightened society. The National Policy on Education, 1986 would enable the country to move towards this perspective of education. The government therefore, decided to set up the NPE Review Committee. That Committee for Review is popularly known as Ramamurti Review Committee after the name Acharya Ramamurti, the chairman of the committee. The committee was appointed on May 7, 1990 and the report was tabled in the Parliament on January 9, 1991.
The approach of the committee in reviewing the NPE,1986 and its implementation has been guided by the following concerns:
· Equity and social justice
. Decentralization of educational management at all levels
. Establishment of a participative educational order
. Inculnation of values indispensable for creation of an enlightened and humane society
. Empowerment of work
The following are the major recommendations:
1. Development of a common school system: a very vital component for securing equity and social justice in education is the functioning of a common school system. In order to achieve this objective, the existing Government schools and schools aided by local bodies have to be transformed through quality improvement, into genuine neighborhood schools.
2. Removing disparities in education: the rural areas in general and the tribal areas in particular, have suffered in terms of resources, personnel and infrastructure facilities. Therefore the need of the hour is planning for, and implementation of, educational development programmes in terms of disintegrated targets, area, community and gender specific activities.
3. Promotion of women education: inorder to promote participation of the girls and women in education at all levels, there is need for an integrated approach in designing and implementing the schemes that would address all the factors that inhibit their education.
4. Value education: Value education is to be conceived as a continuous process. Value education should ensure that education does not alienate the students from the family, community and life.
5. Early childhood care and education (ECCE): the scope of the constitutional Directive (Article 45) should be enlarged to include ECCE.
6. Right to education: Right to Education should be examined for inclusion among the fundamental rights.
7. Operation Black board: the state governments should develop all decision making power concerning operation black board for planning and implementing the scheme.
8. Navodaya Vidyalayas: the committee recommends that the Government may take an appropriate decision from out of the following three alternatives:
. No further Navodaya Vidyalaya need be opened. The existing 261 Navodaya Vidyalayas may be restructured and continued with provision of adequate resources.
. All the existing 261 Navodaya Vidyalayas may be transferred to the state sector for the states to run them as residential centres on the Andhra Pradesh model.
. The Navodaya Vidyalaya scheme may be transformed into a Navodaya Vidyalaya programme of broad based talent nurturing and pace setting ( A day school each under the Common School system can function in the premises of Navodaya Vidyalayas).
9. Work experiences/ SUPW: work experience or socially useful Productive Work should be integrally linked with various subjects both at the level of content and pedagogy.
10. Resources for education: the first step should be to provide for at least 6% of the GNP for education. All technical and professional education should be made self financing.
The implementation of the National Policy on Education 1986 was evaluated by two committees namely the Ramamurti Committee (1990) and the Janardhana Reddy Committee (1992). As a result of the recommendations of these two committees, slight modifications were made in the NPE in 1992.
Ramamurti Review Committee (1990)
Despite efforts at social and economic development, a majority of our people continue to remain deprived of education, which is one of the basic needs for human development. Government accords the highest priority to education – both as human right and as the means for bringing about a transformation towards a more humane and enlightened society. The National Policy on Education, 1986 would enable the country to move towards this perspective of education. The government therefore, decided to set up the NPE Review Committee. That Committee for Review is popularly known as Ramamurti Review Committee after the name Acharya Ramamurti, the chairman of the committee. The committee was appointed on May 7, 1990 and the report was tabled in the Parliament on January 9, 1991.
The approach of the committee in reviewing the NPE,1986 and its implementation has been guided by the following concerns:
· Equity and social justice
. Decentralization of educational management at all levels
. Establishment of a participative educational order
. Inculnation of values indispensable for creation of an enlightened and humane society
. Empowerment of work
The following are the major recommendations:
1. Development of a common school system: a very vital component for securing equity and social justice in education is the functioning of a common school system. In order to achieve this objective, the existing Government schools and schools aided by local bodies have to be transformed through quality improvement, into genuine neighborhood schools.
2. Removing disparities in education: the rural areas in general and the tribal areas in particular, have suffered in terms of resources, personnel and infrastructure facilities. Therefore the need of the hour is planning for, and implementation of, educational development programmes in terms of disintegrated targets, area, community and gender specific activities.
3. Promotion of women education: inorder to promote participation of the girls and women in education at all levels, there is need for an integrated approach in designing and implementing the schemes that would address all the factors that inhibit their education.
4. Value education: Value education is to be conceived as a continuous process. Value education should ensure that education does not alienate the students from the family, community and life.
5. Early childhood care and education (ECCE): the scope of the constitutional Directive (Article 45) should be enlarged to include ECCE.
6. Right to education: Right to Education should be examined for inclusion among the fundamental rights.
7. Operation Black board: the state governments should develop all decision making power concerning operation black board for planning and implementing the scheme.
8. Navodaya Vidyalayas: the committee recommends that the Government may take an appropriate decision from out of the following three alternatives:
. No further Navodaya Vidyalaya need be opened. The existing 261 Navodaya Vidyalayas may be restructured and continued with provision of adequate resources.
. All the existing 261 Navodaya Vidyalayas may be transferred to the state sector for the states to run them as residential centres on the Andhra Pradesh model.
. The Navodaya Vidyalaya scheme may be transformed into a Navodaya Vidyalaya programme of broad based talent nurturing and pace setting ( A day school each under the Common School system can function in the premises of Navodaya Vidyalayas).
9. Work experiences/ SUPW: work experience or socially useful Productive Work should be integrally linked with various subjects both at the level of content and pedagogy.
10. Resources for education: the first step should be to provide for at least 6% of the GNP for education. All technical and professional education should be made self financing.
THE HARTOG COMMITTEE (1929)
THE
HARTOG COMMITTEE (1929)
I.
INTRODUCTION (Historical background)
II.
REPORT
OF THE HARTOG COMMITTEE, 1929
a.
Recommendations on Primary Education
b.
Recommendations on Secondary Education
c. Recommendations on Higher Education
d.
Women Education
III.
CONCLUSION
HISTORICAL
BACKGROUND
The
Hartog Committee (1929) and Sapru Committee (1934) both emphasized the vital
role of vocational education in the country's economic development. The Hartog
Committee recommended diversified courses in the schools to enable the students
to prepare for industrial and commercial careers at the end of middle school
stage, as preparation to special instruction in technical and industrial
schools. The Sapru Committee recommended 11 years of school education (5 years
for primary, 3 years for lower secondary and 3 years for higher secondary) with
vocational studies commencing after 11 years of education. The main purpose of
the Sapru Committee was to find ways and means of solving unemployment problem
through diversified courses at the secondary stage. But it too made little
impact on the educational administration.
REPORT OF THE HARTOG
COMMITTEE, 1929
The Committee studied
the various aspects of education and submitted its report before the commission
in 1929, It put forward comprehensive recommendations in regard to various
facts of education in India. First, the Committee made some general
observations regarding the state of education in India. The committee observed
that there was considerable progress made in education by the time. In general,
people regarded education as a matter of national importance. Increasing
enrolment in primary school indicates that the sense of indifference to
education was breaking down and social and political consciousness among the
people had also increased. The women, the Muslims and the backward classes had
also awakened and there had been rapid progress in the numbers. Although there
was general consciousness of the people in education, the Committee was not
satisfied with the growth of literacy in the country. With these ideas in view,
the Committee presented a comprehensive report. It was valuable in the sense
that it tried to feel the pulse of education in India. It made recommendations
in regard to primary secondary, higher and also some other aspects of
education.
Recommendations
on Primary Education
Hartog Committee made a thorough
study of the primary education in India. It realised that the progress of
primary education has not been satisfactory. Therefore, before making the
recommendations, the committee pointed out the major defects of the existing
system of primary education quite convincingly. They may be outlined below—
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A)
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Defects of Primary Education :
The Committee pointed out the following special difficulties in the path of progress of primary education—
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B)
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Recommendations for Improvement:
After describing the defects of primary education Hartog committee condemned the policy of its hasty expansion and recommended concentration on consolidation and qualitative improvement. Its main recommendations were—
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Recommendations
on Secondary Education
T he Hartog committee’s survey of
secondary education is not comprehensive. It stresses only on a few major
defects and suggests some remedies. First, we shall discuss the defects of
secondary education as pointed out by the committee and then we shall proceed
to the recommendations regarding its improvement.
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Defects in the Secondary Education :
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Recommendations for Improvement :
In order to remove the defects of the system of secondary education the committee made the following recommendations—
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Recommendations
on Higher Education
Already you have learnt about the
recommendation of the Hartog Committee regarding primary and secondary
education. The committee gave some important suggestions for the university
education as well. But before suggesting recommendations it evaluated the condition
of higher education, as prevalent in India in those days. The committee looked
at the defects and suggested for their remedy.
A)
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Defects in Higher Education:
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B)
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Recommendations: The Hartog Committee made the following recommendations
for the improvement of higher education in India.
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Women
Education
The Hartog committee observed that
vast discrepancy exists between the education of boys and that of the girls.
The condition of women education was deplorable. The committee recommended
that—
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Equal importance should be given
to the education of the boys as well as girls.
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More primary schools for the girls
should be established in rural areas where convenient, girls should also be
allowed to study in the schools meant for boys.
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Curriculum for girls should
include home science, hygiene, music etc. in secondary schools.
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Greater attention should be paid
towards the training of women so that sufficient numbers of trained lady
teachers could take up the teaching jobs.
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The number of inspecting staff
should also be raised.
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The education of the girls at the
primary level should be gradually made compulsory.
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Priority should be given to
education of women in India.
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CONCLUSION
In
1929, the Hartog Committee submitted its report. This Committee was appointed
to survey the growth of education in British India. It “devoted far more
attention to mass education than Secondary and University Education”. The
committee was not satisfied with the scanty growth of literacy in the country
and highlighted the problem of ‘Wastage’ and ‘Stagnation’ at the primary level.It
mentioned that the great waste of money and efforts which resulted because of
the pupils leaving their schools before completing the particular stage of
education. Its conclusion was that “out of every 100 pupils (boys and girls)
who were in class I in 1922-23, only 18 were reading in class IV in 1925-26.
Thus resulted in a relapse into illiteracy. So, it suggested the following
important measures for the improvement of primary education.
I. Adoption of the policy of
consolidation in place of multiplication of schools;
II. Fixation of the duration of
primary course to four years;
III. Improvement in the quality, training, status, pay, service condition of
teachers;IV. Relating the curricula and methods of teaching to the conditions of villages in which children live and read;
V. Adjustment of school hours and holidays to seasonal and local requirements;
VI. Increasing the number of Government inspection staff.
In the sphere of secondary
education the Committee indicated a great waste of efforts due to the immense
number of failures at the Matriculation Examination. It attributed that the
laxity of promotion from one class to another in the earlier stages and
persecution of higher education by incapable students in too large a number
were the main factors of wastage.
So it suggested for the
introduction of diversified course in middle schools meeting the requirements
of majority of students. Further it suggested “the diversion of more boys to
industrial and commercial careers at the end of the middle stage”. Besides, the
Committee suggested for the improvement of University Education, Women
Education, Education of Minorities and Backward classes etc.
The Committee gave a permanent
shape to the educational policy of that period and attempted for consolidating
and stabilizing education. The report was hailed as the torch bearer of
Government efforts. It attempted to prove that a policy of expansion had proved
ineffective and wasteful and that a policy of consolidation alone was suited to
Indian conditions. However, the suggestions of the Committee could not be
implemented effectively and the educational progress could not be maintained
due to worldwide economic depression of 1930-31. Most of the recommendations
remained mere pious hopes.
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