Thrissur, Kerala: The General Education Department’s decision to provide free uniform allowance only to children who have Aadhaar (UID) by the sixth working day of the academic year (Kerala counts all students in public schools every year on the sixth working day of the school year; students without an Aadhaar number by this day are not included) violates the Right to Education Act, critics say.

This year, 57,130 children are studying in schools without Aadhaar. Of these, about 50,000 students from Classes 1 to 8 will not be eligible for the free uniform scheme. General Education Minister V Sivankutty clarified the government’s stance in the Assembly in response to a question from MLA Kurukkoli Moideen.

The Supreme Court has ruled that free education for students in classes one to eight is a constitutional right and that no benefit should be denied on the grounds of not having Aadhaar. State rules issued under the Right to Education Act also allow alternative documents if Aadhaar is unavailable.

Despite this, the department is withholding uniform allowances from children without Aadhaar. Thousands of students from economically and socially disadvantaged backgrounds are losing benefits due to the policy. Although the government had promised to extend the Aadhaar deadline to 30 June instead of the sixth working day, no order has been issued. It is learnt that linking teacher appointments to Aadhaar records has further complicated matters.

Observers also note that making Aadhaar mandatory for admission without parental consent is unlawful.

Constitutional violation

"Measures taken by the Kerala Education Department to link Aadhaar to recruitment are unconstitutional and contrary to Aadhaar rules. In addition to reducing teaching posts, the policy denies students their legitimate rights," said T Anoop Kumar, State general secretary of the NTU.