Foreign educational bill: social exclusion / inclusion? Skinning the cat
The Foreign Educational Institution (Regulation of Entry and Operation) Bill, 2010(hereinafter called as Foreign Educational Bill) has created considerable amount of discomfort amongst students, academics alike, there is apprehension in almost all educational circuits, while Hon'ble Minister Sibal said:
'A revolution larger than the one in the telecom sector awaits the education sector,'
While academicians like G Thiruvasagam vice chancellor, University of Madras expressed his apprehension towards opening of foreign would affect social justice, he said:
"When our own private universities and deemed universities are not taking care of the interests of students hailing from socially backward and economically weaker sections, how can we expect foreign universities to admit such students? We will be restricting access to higher education in foreign universities only to students belonging to rich families. Should we give our soil (land) and resources to foreign institutions to take care of the interests of the rich alone?”
This is a milestone/ stone can be decided by the public participation via Referendum. It is a matter of fact that 100% foreign direct investment venture cannot correspond to an iota of charity; prima facie this raises brows of common man. Moreover, the Home Minister has already said that quota laws will not be applicable to foreign universities setting up campuses in India. Non-application of Quota laws here indicates that this legislation does not only deprive reservation to the lower class but also to Indians.
Let me throw some economical insight into the issue, the purchasing power parity (PPP) compared to commonwealth countries we are in the lower strata. A foreign student who wished to study in Harvard have to pay a considerable some of amount, hypothetically analyzing, say he has to pay $1500 per semester, $ 1000 on the cost of living, Conversely, in India he might have to pay 1/10th of the fee and considerably a very meager cost of living. The PPP for a European is very cheaper while the PPP of an average Indian is higher notwithstanding the Indian soil. Our RBI has itself delineated between 'hard currency' and 'soft currency. 'Jindal Global Law School charges 7 lakh per anum, would it be practically possible for a poor student to pay, it is next to impossible for even a middle class student to pay such a amount.
The issue gets murkier if we get into the itinerants of economy. It is true that the world is shrinking into a globalized village and we have to coach ourselves to the nitty gritties of the globalized world but it should not open the water gates to plunder the Indian soil. Life is not based on logic but based on experience, the Indian experience has had taught us a lot of theoretical class, it is time for practicals to understand the truth of globalization. I do not see the bill pessimistically but consider it as a caution from the experience of East India Company, today the approach of every developed nation is not on the basis of charity but profit is the ultimate motive. Where the motive is profit then there is every possibility of exploitation.
At the outset, I have put forth a critical appraisal with respect to the Foreign Educational Bill not with intention to blanketing out the legislation, but with bonafide intention to critically appraise the same and re-modulate in the light of the Constitutional goals. Constitution of India facilitates globalization not at the cost of constitutional ideals. Our growth should be an inclusive growth not an exclusive one. Minimizing the disparities between the have’s and have-not’s is enshrined goal in art.38, my simple submission is education which would ouster poor from institution of highest standard would further the gap between rich and the poor, would exaggerate disparity.
Any growth that does not provide inclusive growth cannot be a bonafide growth i.e., why people talk about reservation, women reservation bill is based on adequate representation of women. It is apathy of the legislators who could not comprehend the necessity of participation in the democratic process cannot be called as ‘democracy,’ to put it star kingly, it would be called as ‘democrazy.’ The whole process of democracy insists in national integration, if particular classes are not allowed to raise their voice then it would not called as democracy.
Globalization at this point needs to appreciated by common people, if they fail to understand the pace and necessity then it would send a wrong message. Policy makers have to choose a growth strategy, communicate their goals to the public, and convince people that the future rewards are worth the effort, thrift, and economic upheaval. They will succeed only if their promises are credible and inclusive, reassuring people that they or their children will enjoy their full share of the fruits of growth. Such leadership requires patience, a long planning horizon, and an unwavering focus on the goal of inclusive growth.
The open world economy offers developing countries elastic market. Is exclusion the only route to growth? Some economies have instead looked inward, competing with the home market, rather than competing for foreign market. The exclusive strategies have occasionally succeeded in inviting investments. The growth strategies that rely exclusively on domestic demand or exclusively on international demand eventually dig their own graveyard. So there is a need of ‘mixed economy,’ that’s why we adopted mixed economy as indispensable route to achieve equal participation of national and international players in the market.
Growth is not an end in itself. But it makes it possible to achieve other important objectives of individuals and societies. It can spare people en masse from poverty and drudgery. Nothing else ever has. It also creates the resources to support health care, education, and the other Millennium Development Goals to which the world has committed itself. “Sacrificing internal growth at the cost of growth cannot be termed/defined as growth.” To grow means grow equitably, if the hands grow without the growth of legs then it would be absurd growth.
In the Minmasa Interpretation there is a term called 'Matsysa Nyaya' which justifies the act of big fish to devour/consume the smaller one. Globalization should not mean 'Matsysa Nyaya' it should be based on 'Santhosam Paramamsuham. ' Whenever there is a violation of Fundamental Right the Supreme court tests the act under the trinity of art.14, 19 and 21, similarly, whenever there is a new policy it has to be tested under the anvil of art.38 because the spirit of social democracy lies in this article. It states that the state has to strive to minimize inequalities not only among individuals but also groups.
The Supreme Court in D.S. Nakara's case opined that the Socialism in India is a blend of 'Marxism' and 'Gandhism' but heavily loaded with Gandhian flavour. In the light of aforesaid observation every legislator who brings out a policy must test it by using the 'Gandhi's talisman,' " Close your eyes Mr Sibal think about the poorest student who have come from the huts, jhugi's, jopadi's, villages, small towns, towns, metropolitan towns and other quarters who have dared challenge the odds of life does the Foreign university bill could improve the condition of the students, then go ahead."
In my opinion education should include a hybrid reform program with the following features:
First, broad strategic objectives are needed to exchange or share knowledge, ideas, or products. Special attention to adult education of deprived class is indispensable to attain harmonization between have’s and have-nots. We have reserved seats in institution to harmonize the level of participation of players of all class to understand the niceties of various diversities so that one can better understand the needs of other classes.
The second effort should be at the global level in sharing knowledge, ideas, or products. The Globalized mechanism brings forth inter-junctions of various cultures at one point. The cultural exchange of one nation on the other should be based on mutual appreciation and tolerance of practice would bring harmony at international level.
Finally, I am of the opinion that Foreign Educational Bill should focus on social inclusion or inclusive development. We have to understand that improving living standards, social sustainability, and equity considerations are critical to the development process. The Constitutional principles would get a meaning if the policies of the government ensure equal opportunities for all individuals participating in the globalzing process, regardless of origin, race, place of birth, or gender or else we should send a copy of our Constitutional document national archives sine die.
Our father of nation has made it lucid in one of his remark that, “we should allow the winds of east, west, south and north to flow on all sides but not allow our feet to be taken of.” However, we should understand the needs of globalised world otherwise we would fail miserably. To remind the wise words of our wizened the then learned justice
V.R.Krishna Iyer in Maneka Gandhi’s case opined(para72):
“One of the great causes of India's misery and downfall has been that she narrowed herself, went into her shell, as the oyster does, and refused to give her jewels and her treasures to the other races of mankind, refused to give the life giving truth to thirsting nations outside the Aryan fold. That has been the one great cause, that we did not go out, that we did not compare notes with other nations - that has been the one great cause of our downfall, and everyone of the you knows that that little stir, the little life you see in India, begins from the day when Raja Rammohan roy broke through the walls of this exclusiveness. since that day, history in India has taken another turn and now it is growing with accelerated motion. If we have had little rivulets in the coast, deluges are coming, and none can resist them. Therefore, we must go out, and the secret of life is to give and take. Are we to take always, to sit at the feet of the westerners to learn everything, even religion ? We can learn mechanism from them. We can learn many other things. But we have to teach them something .... Therefore we must go out, exchange our spirituality for anything they have to give us; for the marvels of the region of spirit we will exchange the marvels of the region of matter .... There cannot be friendship without equality, and there cannot be equality when one party is always the teacher and the other party sits always at his feet .... if you want to become equal with the Englishman or the American, you will have to teach as well as to learn, and you have plenty yet to teach to the world for centuries to com.”
Human capital flight or 'brain drain' has to be contained for the betterment of India. The risk of a brain drain would cause a collateral damage to developing countries like india. India may well lose skilled law students who might be eminent lawyer, researcher, judge. India has opened the gates for potential indians to comeback and serve their nation as the wisdom of liberalisation have optimal advantage for the growth rate.in the light of the growing need of quality work we need best of the best. If institutions equivalent to be harvard were allowed to be accessed then it would bring a drastic change in the outlook of indians. We would acquire the potential to bargain in equal footing. The word Social inclusion at global level would indeed come true.
