In response to a petition filed by an Indian charity, the Supreme Court of India directed the governments of all States and Union Territories to ensure that all schools, whether private or state-run, provide proper toilet facilities, drinking water, sufficient classrooms and capable teaching staff. The court held that, under the Right of Children to Free and Compulsory Education Act (2009) and the Indian Constitution, central, state and local governments have an obligation to ensure that all schools, both public and private, have adequate infrastructure. Adequate infrastructure includes safe drinking water, toilet facilities for boys and girls, sufficient class rooms and the appointment of teaching and non-teaching staff.
On 7 July 2014, the UN Committee on the Elimination of Discrimination against Women (CEDAW) held a General Discussion on the Right to Education for Girls and Women, the aim of which is to commence the Committee’s process of elaborating a “General Recommendation on girls’/women’s right to education.”
Thirteen organizations from around the world, included the Right to Education Initiative, presented a written submission to CEDAW on ‘Privatization and its Impact on the Right to Education of Women and Girls,’ highlighting evidence from a range of countries showing that more boys are enrolled in schools than girls, a problem that is exacerbated by the increasing privatization of education. Privatization in many cases deepens gender discrimination in education because already marginalized and vulnerable groups, including women and girls, are more disadvantaged by private provision and are the least able to pay for services.