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Rethinking Educational Reform Beyond Policy Failure: No Detention Policy And Adaptive Governance Failure In India




Himanshi Sharma, Renaissance Law College, Devi Ahilya Vishwavidyalaya


ABSTRACT


No Detention Policy (NDP) was introduced under the Right to Education Act (2009), which prohibits schools to detain or fail students of primary education. This was not introduced in isolation, but after a long history of study and observation. However, the policy was scrapped down in 2019, and later a revised “Detention Policy” was introduced, after the negative outcomes of NDP in some states. Despite this, states like Kerala continued to support and follow the policy, which now raises critical concerns regarding policy governance issues. The policy was introduced after years of thorough examination, requiring it to be revisited and reformed, rather than to be retreated and wiped out as a result of uneven outcomes and support. This paper argues that such divergence reflects failure of adaptive policy governance in reviewing and taking necessary measures for its better implementation. Thus, exploring the pattern leading to the failure of a robust policy design, and also suggests possible corrective measures to be adopted for smoother application.


Keywords: No Detention Policy, Right to Education, Adaptive Policy Governance, Policy failures, Education system.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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