Draft Code of Professional Ethics for School Teachers Chapter 2 OBSERVANCE OF THE CODE

OBSERVANCE OF THE CODE

The difference between the Code of Conduct and the Code of Professional

Ethics needs to be appreciated. As far as the provision of the Right of Children to Free

and Compulsory Education Act, 2009 is concerned, particularly with reference to

Section 24 of the Act pertaining to duties of teachers, enforcement of the Code of

Conduct is perhaps the answer. This enforcement is the responsibility of the

appointing/disciplinary authority. However, the provisions which define the Code of

Conduct could also be incorporated in the Code of Professional Ethics, as making them

ethical provisions will always desist teachers from violation of the Code of Conduct.

Like all other professions, the teaching profession should also move towards selfregulation,

which implies that every teacher should have the inner urge to adhere to the

ethical principles listed in the Code of Professional Ethics for teachers. However, in

spite of the expectation of the voluntary observance of the Code, some cases of

violation of the Code or of partial adherence to it are likely to occur in the vast system of

school education. Therefore, a suitable mechanism needs to be evolved to ensure that

all members of the profession follow the ethical principles enshrined in the Code.

The violation of the Code of Conduct invites disciplinary action for which detailed

rules are prescribed. However, in the case of violation of Code of Professional Ethics by

teachers, the responsibility to discipline them should rest with the authorized

representatives of the profession. The magnitude or seriousness of the violation may

not be the same in all the cases. The cases of violation or non-observance shall have to

be dealt with at different levels and in different ways in accordance with the nature of

the violation.

In other professions, as for instance, medicine, law, etc. after completion of the

professional course, the pass-out is registered as a bonafide practitioner of the

profession and is bound by a Code of Professional Ethics relevant to his/her profession.

In case of any reported violation of the code, the authorized professional body initiates

disciplinary action which may even lead to cancellation of the license to practice the

profession. No such provision exists in the case of the teaching profession.

To begin with, All India Federations of Primary and Secondary Teachers

organizations should formally adopt the ‘Code” and resolve to take all possible

measures to ensure its observance in letter and spirit. At the time of initial appointment,

a teacher should be provided a copy of the ‘Code of Professional Ethics’ for perusal and

should be further required to furnish an ‘Oath’, before joining the profession that he/she

would always strive to observe the ‘Code’ in letter and spirit. A suggestive format of the

‘Oath’ is given at Annexure 2.

Mechanism to Deal with Violations

A possible mechanism to deal with non-observance of the Code is suggested here. A

four-tier mechanism could be evolved to deal with the violations noticed or reported, as

outlined below:-

(i)                 School / Block Ethics Committee

In the case of bigger secondary or higher secondary schools where the number

of teachers is quite sizeable, an Ethics Committee at the school level comprising senior

members of the staff should be appointed. In the case of Primary/Elementary schools,

keeping in view the fewer numbers of teachers, the Ethics Committee could be

constituted at the Block or Cluster level by the concerned Associations of teachers. The

Committee may deal with the complaints regarding punctuality, regularity, completion of

curriculum, engagement in private tuitions, etc. and, in the first instance, should try to

persuade the erring teachers to mend their ways.

The Teachers Associations and Ethics Committees should make it clear to the

teachers that if they do not mend their ways, the Association would not support them if

disciplinary proceedings are initiated against them by the authorities.

(ii)               District Ethics Committee

The recognized Teacher Organizations/Associations in the State shall jointly

constitute the Ethics Committee at the district level comprising representatives of

teachers and eminent educationists. The Committee should deal with complaints

referred to it by the School/Block Ethics Committee, where the teachers have failed to

improve their conduct in spite of the efforts made by the School/Block Ethics

Committee. This Committee should deal with complaints of serious nature such as

violation of Constitutional Provisions, cases of child abuse, spreading feelings of hatred

or enmity among different communities, etc. The Committee may issue ‘Advisories’ to

the erring teachers, if necessary. In the case of recurrence of violation of the Code, the

District Committee shall refer the matter to the State Committee for appropriate action.

(iii)             State Ethics Committee

The recognized Teacher Organizations in the state shall jointly appoint an Ethics

Committee comprising eminent educationists, representatives of teacher organizations

and parents. The Committee should deal with complaints referred to it by the District

Committees. The Committee may debar the erring teachers from contesting elections

for various offices in the concerned Teacher Organization or suspend their membership.

(iv)             National Ethics Committee

At the national level, NCTE and All India Federations of school teachers may

jointly appoint a National Ethics Committee comprising eminent educationists,

representatives of Federations of Elementary and Secondary Teacher Organizations,

National Commission for the Protection of Child Rights (NCPCR) and parents. The

Committee should be responsible for consideration of issues which may require

periodical review of the code and also for the formulation of guidelines for the

functioning of Ethics Committees at different levels.

Creating Awareness

To begin with, the Code should be translated into various Indian Languages and

circulated widely amongst the teachers. The National Level and State Level Teachers’

organizations and Institutions responsible for teachers’ In-service education should

organize orientation programmes for teachers and discuss with them the implications of

the Code. The Explanatory Notes in respect of various Articles of the Code will be

helpful in such orientation programmes. The code should also be included in the

curriculum of various teacher education programmes in the country so that the

prospective teachers are fully aware about the ethical principles enshrined in it before

their entry into the profession.