No homework for students of Class 1 and 2, says Madras HC

Offering a similar direction to the CBSE and enforcing constitution of flying squads to verify that Class 1 and 2 children are not given homework, Justice N Kirubakaran said, “Many experts find that homework is beneficial only to older kids whereas young children are notably lacking in the ability to concentrate, follow directions, control impulses and keep details in mind. Therefore, it is unrealistic to expect that KG, Class 1 and 2 students do homework, assignment on their own and hence this has to be prohibited.” 

Also, seeking the Union Government to direct the State Governments to abstain from prescribing any other subjects except language and Mathematics for students of Classes 1 and 2; language, EVS and mathematics for students of Classes 3 to 5 as prescribed by NCERT, the judge said, “NCERT books have been developed by experts. When the experts in the field decide about the curriculum, the schools or CBSE cannot prescribe extra subjects contrary to NCERT’s decision. Even the courts cannot interfere or substitute its opinion for that of experts.” 

Justice Kirubakaran also sought the Union Government to formulate a policy forthwith on the lines of “The Children School Bags (Limitation on Weight) Bill, 2006” and ask the State Governments and Union Territories to formulate Children School Bag Policy reducing the weight of the School bags on the lines of guidelines issued by either State of Telangana or State of Maharashtra. 

The Madras High Court directed the respondents, including CBSE, to disaffiliate schools assigning homework to Classes 1 and 2 and forcing students of Classes 3 to 5 to learn non-prescribed subjects. 

The judge set aside the contention of the Association of Management of Private Schools (CBSE) that the NCERT guidelines are only recommendations. Justice Kirubakaran said, “When the Government of India and the NCERT decide the curriculum, CBSE and the schools affiliated to it are bound to follow the syllabus and books prescribed by NCERT. 

Otherwise, the whole exercise made by the various stakeholders including educationalists, academicians, experts would become futile.” 

“If schools are at liberty to choose books, it would only create chaos and confusion and there would not be uniformity in education throughout the country,” the judge added. He sought for the Centre to prescribe and use only NCERT books as per CBSE circular issued on August 09, 2017. 

Batting for the children on other aspects such as being made to hold pencils when they are not physically ready and needing at least 11 hours of sleep, Justice Kirubakaran said, “The children are neither weight lifters nor are the school bags loaded containers.” 

The judge also directed the Centre to issue circulars to schools so that the court’s orders are incorporated. He said that if young students are put under such pressure, it would create fear, stress and agony in their minds and reduce their sleeping time. This, Justice Kirubakaran said, can ruin their health. “Young children should find it joyful and be enthusiastic to learn. Any pressure on them will make them afraid of learning new things,” said the judge. 

“Frustration and fear created in the minds of younger children cannot be cured easily and it will last for a long time, affecting the children later in their lives,” the judge added. He said that the directions must be put into effect in the academic year 2018-19. The judge also directed the registry to call the matter after four weeks to file compliance reports and pass further directions.