critical review new education policy

What education policy experts are watching for in 2022

Subscribe to the brown center on education policy newsletter, daphna bassok , daphna bassok nonresident senior fellow - governance studies , brown center on education policy @daphnabassok stephanie riegg cellini , stephanie riegg cellini nonresident senior fellow - governance studies , brown center on education policy michael hansen , michael hansen senior fellow - brown center on education policy , the herman and george r. brown chair - governance studies @drmikehansen douglas n. harris , douglas n. harris nonresident senior fellow - governance studies , brown center on education policy , professor and chair, department of economics - tulane university @douglasharris99 jon valant , and jon valant director - brown center on education policy , senior fellow - governance studies @jonvalant kenneth k. wong kenneth k. wong nonresident senior fellow - governance studies , brown center on education policy.

January 7, 2022

Entering 2022, the world of education policy and practice is at a turning point. The ongoing coronavirus pandemic continues to disrupt the day-to-day learning for children across the nation, bringing anxiety and uncertainty to yet another year. Contentious school-board meetings attract headlines as controversy swirls around critical race theory and transgender students’ rights. The looming midterm elections threaten to upend the balance of power in Washington, with serious implications for the federal education landscape. All of these issues—and many more—will have a tremendous impact on students, teachers, families, and American society as a whole; whether that impact is positive or negative remains to be seen.

Below, experts from the Brown Center on Education Policy identify the education stories that they’ll be following in 2022, providing analysis on how these issues could shape the learning landscape for the next 12 months—and possibly well into the future.

I will also be watching the Department of Education’s negotiated rulemaking sessions and following any subsequent regulatory changes to federal student-aid programs. I expect to see changes to income-driven repayment plans and will be monitoring debates over regulations governing institutional and programmatic eligibility for federal student-loan programs. Notably, the Department of Education will be re-evaluating Gainful Employment regulations—put in place by the Obama administration and rescinded by the Trump administration—which tied eligibility for federal funding to graduates’ earnings and debt.

But the biggest and most concerning hole has been in the  substitute teacher force —and the ripple effects on school communities have been broad and deep. Based on personal communications with Nicola Soares, president of  Kelly Education , the largest education staffing provider in the country, the pandemic is exacerbating several problematic trends that have been quietly simmering for years. These are: (1) a growing reliance on long-term substitutes to fill permanent teacher positions; (2) a shrinking supply of qualified individuals willing to fill short-term substitute vacancies; and, (3) steadily declining fill rates for schools’ substitute requests. Many schools in high-need settings have long faced challenges with adequate, reliable substitutes, and the pandemic has turned these localized trouble spots into a widespread catastrophe. Though federal pandemic-relief funds could be used to meet the short-term weakness in the substitute labor market (and mainline teacher compensation, too ), this is an area where we sorely need more research and policy solutions for a permanent fix.

First, what’s to come of the vaccine for ages 0-4? This is now the main impediment to resuming in-person activity. This is the only large group that currently cannot be vaccinated. Also, outbreaks are triggering day-care closures, which has a significant impact on parents (especially mothers), including teachers and other school staff.

Second, will schools (and day cares) require the vaccine for the fall of 2022? Kudos to my hometown of New Orleans, which still appears to be the nation’s only district to require vaccination. Schools normally require a wide variety of other vaccines, and the COVID-19 vaccines are very effective. However, this issue is unfortunately going to trigger a new round of intense political conflict and opposition that will likely delay the end of the pandemic.

Third, will we start to see signs of permanent changes in schooling a result of COVID-19? In a previous post on this blog, I proposed some possibilities. There are some real opportunities before us, but whether we can take advantage of them depends on the first two questions. We can’t know about these long-term effects on schooling until we address the COVID-19 crisis so that people get beyond survival mode and start planning and looking ahead again. I’m hopeful, though not especially optimistic, that we’ll start to see this during 2022.

The CTC and universal pre-K top my list for 2022, but it’s a long list. I’ll also be watching the Supreme Court’s ruling on vouchers in Carson v. Makin , how issues like critical race theory and detracking play into the 2022 elections, and whether we start to see more signs of school/district innovation in response to COVID-19 and the recovery funds that followed.

Electoral dynamics will affect several important issues: the selection of state superintendents; the use of American Rescue Plan funds; the management of safe return to in-person learning for students; the integration of racial justice and diversity into curriculum; the growth of charter schools; and, above all, the extent to which education issues are leveraged to polarize rather than heal the growing divisions among the American public.

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The new education policy 2020, digitalization and quality of life in india: some reflections.

1. Introduction

2. literature review, 3. methodology, 3.1. objectives.

• Experimental learning, new pedagogical curriculum structure, and flexibility in learning may give scopes for improvement in the overall standard and quality of education.
• Integration of knowledge, skill development, and employability through holistic education are likely to provide better opportunities.
• The multidimensional development conceived on physical, mental, and emotional areas of human beings will elevate QOL.
• The key agenda of government on digitalization of education in its all aspects presumably can produce synergies required for human and social development.
• A multidisciplinary approach, lifelong learning, and fostering the unique capabilities of learners invariably will strengthen QOL.

3.2. Frame of Study and Data Issues

3.3. questionnaire, 3.4. model building, 4. data analysis and findings, 5. structural modeling, 5.1. model building, 5.2. the estimated structural equations, 6. limitations, 7. conclusion and policy recommendations, author contributions, institutional review board statement, informed consent statement, data availability statement, acknowledgments, conflicts of interest, appendix a. questionnaires.

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Share and Cite

Muralidharan, K.; Shanmugan, K.; Klochkov, Y. The New Education Policy 2020, Digitalization and Quality of Life in India: Some Reflections. Educ. Sci. 2022 , 12 , 75. https://doi.org/10.3390/educsci12020075

Muralidharan K, Shanmugan K, Klochkov Y. The New Education Policy 2020, Digitalization and Quality of Life in India: Some Reflections. Education Sciences . 2022; 12(2):75. https://doi.org/10.3390/educsci12020075

Muralidharan, Kunnummal, Kulandaivel Shanmugan, and Yury Klochkov. 2022. "The New Education Policy 2020, Digitalization and Quality of Life in India: Some Reflections" Education Sciences 12, no. 2: 75. https://doi.org/10.3390/educsci12020075

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The Journal for Critical Education Policy Studies (JCEPS) is a double-blind peer-reviewed international scholarly journal published by The Institute for Education Policy Studies (IEPS) . The free, online version is published in association with the Kapodistrian and National University of Athens (Greece). JCEPS has three issues per annum, as from 2013, p rior to that, since March 2003, there were two issues per annum. The journal website is www.jceps.com Enquiries should be addressed to [email protected] and copied to [email protected] . JCEPS is now indexed with and included in the SCOPUS database, in  ERIC, Cabell’s ,  EBSCO  an d OpenAccessJournals. It is a Platinum Open Access journal, which means no pay-to-publish, and no fees for downloading.

The Journal for Critical Education Policy Studies (JCEPS) seeks to develop Marxist and other Left analyses and critiques of education. JCEPS seeks and publishes articles that critique global, national, neo-liberal, neo-conservative, neo-Fascist, New Labour, Third Way, postmodernist and other analyses of policy developments, as well as those that attempt to report on, analyse and develop Socialist/ Marxist transformative policy for schooling and education from a number of Radical Left perspectives, including Freirean, Communist, Marxist, anti-racist, anti-sexist, anti-homophobic perpsectives. JCEPS addresses issues of social class, ‘race’, gender, sexual orientation, disability and capital/ism; critical pedagogies, new public managerialism and academic/ non-academic labour, and empowerment/ disempowerment.

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Volume 22 Number 1 – April 2024

Posted by  Naomi Hill

Perttu Ahoketo   Juha Suoranta “This Building is Ours!” Student Activism Against the University’s Neoliberal Policy

Ravi Kumar Pedagogy as Politics and Politics as Pedagogy: Rosa Luxemburg and Paulo Freire

John LaDue   Information Literacy: Moving beyond critical to revolutionary

Patricia McGrath   Examining the Impact of the Recognition of Irish Traveller Ethnic Minority Status on Education through the Lens of Nancy Fraser

Scott Ritchie A Pedagogy of Solidarity: Resisting Capitalism’s Disabling Processes in a Primary Grade Classroom

Carlas McCauley   A Critical Policy Analysis: Making the Case for Equitable Collaborations in Resource Allocation Processes Post – Pandemic

Shivani Nag Manasi Thapliyal Navani The Digital University: Imaginations around the pedagogic space for the marginalised

Alejandro Vassiliades Teaching work and equality in the official pedagogic discourse in Argentina (2003–2019)

e.c. (anonymous)   Alternative Higher Education in Kachinland under the Shadow of Hierarchy

Ermira Alija Migena Selcetaj Political influence in primary education texts (1946-1986) affecting pupils’ personality development

Ayhan Ural   Merve Alpaydın Üreten An Analysis of Social Class Representations in the 9th-Grade English Textbook Used in Türkiye

Kemal İnal Argumentation in Religious Education- An Analysis on German Islamic Religion Textbooks

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The New Education Policy 2020: Addressing The Challenges Of Education In Modern India

• Seema Rani Sethi
• May 12, 2023

Seema Rani Sethi Lecturer in Political Science, Nilgiri College, Nilgiri, Balasore

DOI: https://doi.org/10.47772/IJRISS.2023.7475

  Received: 10 March 2023; Revised: 05 April 2023; Accepted: 12 April 2023; Published: 11 May 2023

The National Educational Policy (NEP-2020) of India is the first education policy of the twenty-first century. Its challenge and goal are to make India a developed nation by advancing the UN Sustainable Development Goal (SDG) 4’s objectives to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all” by 2030. With fair access to high-quality education for everyone, regardless of social or economic background, India believes that this new national education strategy, which will be implemented in 2020, may reach this aim by at least 2040. The new policy, NEP-2020, is anticipated to be an extensive revamp with less content but more problem-solving abilities, inventiveness, and multidisciplinary and holistic thinking for unity and integrity. Based on an overview of NEP-2020, we have identified and analysed potential generic methods for NEP-2020 implementation to achieve its goals using focus group talks. We have also evaluated the strengths and shortcomings of the policy in the higher education and research section. Along with enhancing educational quality, the new education strategy seeks to widen the purview of education in India. This study aims to identify weaknesses in the current educational system and recommend solutions.

Keywords: National Education Policy, Implementation, Challenges, India

INTRODUCTION

The National Education Policy 2020 was approved by the Federal Cabinet, which is led by Prime Minister Narendra Modi, on July 29, 2020. The policy is based on the Draft National Education Policy 2019, which Dr. K. Kasturirangan’s Committee for Draft National Education Policy submitted to the Ministry of Human Resource Development on December 15, 2018. In January 2015, a group under the direction of former Cabinet Secretary T. S. R. Subramanian started the consultation process for the New Education Policy. A group led by former Indian Space Research Organization (ISRO) director Krishnaswamy Kasturirangan submitted the draught NEP in 2019 based on the committee’s report from June 2017. Following that, the Draft New Education Policy (DNEP) 2019 was created by the Ministry of Human Resource Development and was the focus of extensive public discussions. The Draft NEP was lengthy at 484 pages. The Ministry went through an exhaustive consultation process to create the draught policy: “Over two lakh suggestions from 2.5 lakh gram panchayats, 6,600 blocks, 6,000 Urban Local Bodies (ULBs), 676 districts were received.” The vision of the National Education Policy is: “National Education Policy 2020 envisions an India-centric education system that contributes directly to transforming our nation sustainably into an equitable and vibrant knowledge society by providing high-quality education to all.”

In order to actively contribute to the transformation of the country into a fair, sustainable, and vibrant knowledge society, the National Education Policy 2020 intends to develop an education system that is specifically centred on India by taking into account its tradition, culture, values, and ethos. The foundation and design of the entire Indian educational system was inspired by the country’s rich and extensive historical past and the contributions made by numerous academics to the world in a variety of fields, including mathematics, astronomy, metallurgy, medical science and surgery, civil engineering and architecture, shipbuilding and navigation, yoga, fine arts, chess, etc. The current NEP 2020 proposal intends to provide every aspirant with a transdisciplinary and interdisciplinary liberal education in order to raise the gross enrolment ratio (GER) to 50% by 2035. NEP 2020 states that there are several educational phases. The foundation stage aims to provide children between the ages of 3 and 8 with elementary education while promoting cognitive, mental, and emotional development through play-based and activity-based learning. The preparation stage aims to teach kids between the ages of 9 and 11 through activity- and discovery-based learning by introducing several subjects in a structured classroom environment and using textbooks to facilitate deeper understandings. The goal of middle school education is to introduce students to more abstract ideas in a variety of areas utilising a liberal education approach that emphasises experiential learning. Every year, there will be two class-level exams (semester-based system). To prepare students for the next level of specialised undergraduate programmes, secondary school education places a strong emphasis on trans disciplinary topics with numerous departure alternatives. This phase’s course pedagogy will be more in-depth and accommodating of student choices.

While providing the subject groups, consideration will be given to life goals. Standard board exams will be held after the 10th and 12th standards, and the semester system will be used at this point with 5 to 6 topics every semester. A certificate after a year, a diploma after two years, a bachelor’s degree after three years, and an honours degree after four years, with possibilities for a major, a minor, and research projects, are the four alternative exits from the undergraduate higher education stage.

The master’s degree is now described as (i) a one-year programme for students with a four-year honours bachelor’s degree, (ii) a two-year programme for students with a three-year bachelor’s degree, and (iii) a five-year integrated degree programme for students who have passed the 12th grade. The master’s degree will have a research emphasis to boost students’ professional domain competency, particularly in the last year of high-quality research, to prepare them for the following research degree. The research scholars at the research degree stage can pursue high-quality research leading to a Ph.D. in any core, multidisciplinary, or interdisciplinary area for a minimum period of 3 years for full-time and 4 years for part-time, respectively, even though research is an essential component of the final year undergraduate and postgraduate stages. They should take at least eight credits of coursework in teaching, education, and pedagogy relating to their chosen Ph.D. subject during their doctoral programme. There will not be any MPhil programmes available as research degrees. The NEP 2020 also suggests lifelong learning and research prevent the obsolesce of human beings in society regarding knowledge, skills, and experience leading to a self-assured, comfortable living. This is because lifelong learning is necessary for every human being in society. Education and research produce different maturities for happiness and enlightenment at any stage of life (Aithal, P.S. & Aithal; S., 2020).

To find out various issues which is important for implementation NEP 2020  is the main research question for this paper apart from that Researcher also looks upon strength of NEP.

THIS NEP 2020 IS A WELL-FURNISHED DOCUMENT, BUT THERE ARE SOME IMPLEMENTATION ISSUES WHICH IS ESSENTIAL TO POINT OUT.

After a 34-year gap and a year of stakeholder engagements, the New Education Policy (NEP), 2020, is a move in the right direction for Indian education. Although replacing the current educational structure of 10+2+3+2 with 5+3+3+4 and offering numerous entry and departure options are all novel and ambitious steps, so are adjustments to the 10+2+3+2 educational model. However, several things could be improved with their curriculum, procedure, and other aspects. The real issue is in putting it into practice because many prior policies could not change anything despite their best efforts. Most higher education institutions in India continue to produce a large percentage of unemployed youth.

Moreover, adding value through their degrees does not aid in their productivity. A competency-based credit system and liberal education focused on STEAM were purported to be the policy. Our nation is very large and has a wide range of regional, social, economic, cultural, and geographic diversity. Hence, creating an inclusive system where each student has access to the same resources and instruction is challenging. The NEP will therefore be difficult to execute in this situation. The policy’s focus is more on developing skills than it is on creating informed, enlightened citizens. Teaching begins in class eight at a young age. A distinct shift from the previous emphasis on exposing young minds to general education until Class 10, the emphasis on vocational education is uneven and disproportionate. Society does need skilled individuals, but they also need to be well-educated. The contrast between education and skill reinforces the division between manual and mental labour. The policy also highlights the importance of the forces of the market. Ignoring Social Justice Issues: In India, the disadvantage begins at birth, which is an issue.

Caste has historically been a factor in many governmental decisions, so eliminating or omitting it from the discussion contradicts caste’s reality. At this point, affirmative action is caste-based, and for a good reason. The merit standard is introduced in this document, especially for underrepresented categories. As a result, the current policy completely changes the focus on what is purported to be a question of rights under the disadvantage of birth. While the Mandal Commission’s recommendations caused tremendous unrest, sparking numerous conversations, debates, movements, and counter-movements across India, the NEP has not sparked a similar response from underrepresented caste groups. Adopting a foreign educational model while disregarding the Indian System: The suggestion in the current paper to create the 5 + 3 + 3 + 4 system includes a return to a four-year degree programme. Pushing for the four-year degree programme is done so that Indian graduates may compete with American pupils. If American institutions opened campuses in India, three-year grads would not be allowed to enrol because it would cause issues for them at home. Otherwise, a four-year graduation programme was never brought up in India. A more fundamental question might be whether foreign universities should be established on Indian territory during a political era of Atmanir Bhart (self-reliance) and ultra nationalism. The policy’s emphasis on rationalization and indigenization of education and the economy’s globalisation and corporatization result in an unavoidable conflict.

Making the surroundings cosy will make pupils more reliant on their native tongue and less motivated to study English. People from the same community may speak their mother tongue, but it is not permitted internationally. The combination of Indian needs and multinational style in this approach is uncomfortable. The mother tongue differs from the local language in a tribally populated area. Hence, it requires local educators, but finding them everywhere cannot be easy (Jami, A. M. & Keturah. L. 2022). In rural India, most schools offer a minimal range of topic options, and the teaching and learning process is standard. So, they could not arrive at the new location indicated in this policy. The policy suggested a one-year social internship, which is challenging for several professional degrees.

It is evident from the study mentioned above that for human development and long-term social progress. The education system needs to be systematically improved. Reforms to the educational system that consider diverse triumphs in industrialised nations and tailor them to meet local demands are necessary for a nation to have a prosperous society and educational system. India is a rapidly developing nation with 130 crores of people. The nation can grow and surpass other developing nations by devising and implementing a suitable education policy. In this regard, the current National Education Policy 2020 is a comprehensive model of NPE 2019, combining numerous innovations to provide liberal yet specialised and tailored both school and college education by incorporating research components at school and college levels. In the discussion above, the writers attempt to give a realistic viewpoint suitable for current policy. Of course, this policy has many positive aspects, but for NEP to function well, three significant issues must be resolved.

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• Government of India (2020) New Education Policy,2020, Government of India, MHRD. Available from: https:/ /www .gov.in/nep.new on 10/08/2020
• Chitwan, (2020): Critical Review and Reflection on draft of NEP 2019. Educational Resurgence Journal, 2(3), 91-101.
• Shah, E. ., Kikani , R. ., & Verma, K. . (2022). Crystallized Mode of a New Horizon: Nep 2020, A Review. Faculty of Natural and Applied Sciences Journal of Mathematics, and Science Education, 3(2), 44–48.
• Gupta, R. K. (2020). NEP 2020: Reflections on Roadmap for Inclusion of the Disabled in Higher Education Institutions. Journal of Disability Management and Rehabilitation, 144-
• Kumar, A. (2021). New education policy (NEP) 2020: A roadmap for India 2.0. In W. B. James, Cobanoglu, & M. Cavusoglu (Eds.), Advances in global education and research (Vol. 4, pp. 1–8).

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A critical overview of the new education policy, 2020

This article is written by  Gopi Kanta Mondal and Sneha Nandi, students of Law College Durgapur.

Table of Contents

Here we aimed to discuss the purpose of adopting the New Education Policy, 2020(NEP) and foresee the legal and social consequences of the policy in the future, as a realist. We compared the policy with the education system of developed countries and the ancient Bharat’s pedagogy. We demonstrated how and why Bharat is pushing herself toward the zenith, but failing again and again. Though NEP is a very commendable policy, but this policy overlooked numbers subtle and vital issues faced by the various classes of the society. In case if the NEP would not implement properly from the grass root level, then the rural and undeveloped regions will be the victim as always. Overall, we conclude that the NEP is the best education policy since our independence, but it is more a dreamer than the visionary one. 

Introduction

‘The Glorified Education System of Bharat’ –I suspect that when you read these bunches of words, your eyebrows came closer. But how can we forget the Nalanda, the Takshashila, the Vikramshila, the Valabhi, the Somapura, the Jagadala such world class universities of ancient Bharat. Sad to mention that nowadays there is not even a single university located in Bharat which falls into top 100 universities of world. Let me remind you, in 1835 britishers introduced the English Education Act, 1835 after Macaulay’s Minute submitted to the council and approved by Lord Bentik. That education system was introduced to manufacture ‘Machine Man’, who will work as instructed, where creativity didn’t found any place. Sadly, that subtle desire to manufacture ‘Machine Man’ continued to exist in our education system even after independence of Bharat, where new ideas and imaginations of students found no validation or comparatively less scopes-where the educational authorities use to provide long list of rules and the teachers played the role of the executors to a great extent. The NEP is a luminous hope to flash out bundles of defaults from our ongoing educational system. 

Reasons for framing the NEP

High dropout rate in secondary and higher studies.

When anyone tells me- India is a poor country, I oppose. Bharat got the golden treasury of resources, especially the ‘youth resources’. Still what is restraining Bharat from becoming a developed country of the world? Well, this is because under-utilization of resources. The Gross Enrollment Ratio (GER) for grades 6-8 is ~90.9%, while for grades 9-10 and 11-12 it is only ~79.3% and ~56.5%, respectively. Dropout rate in secondary studies and higher studies is a threat to future Bharat, not a mere challenge to overcome. The dropouts are unflourished and not properly skilled, so neither they can bring a massive change nor can they follow the instructions of a leader without having conflicts.

Introduction of internet and technology in education

In 21st century, the inclusion of internet touched the education system more than anything else. But, because of our primitive pattern of education there are lots of hurdles to use internet for quality education. Forget about internet, public schools of Bharat don’t even have proper the infrastructure to provide education through electronic devices. So, the NEP is extremely needed for the evolution of Bharat’s education system.

Social Instability

Jeremy Bentham in his ‘Pain and Pleasure Theory’ mentioned p ain and pleasure are the final cause of individual action and the efficient cause and means to individual happiness . But if we take a glance at Bharatia society, then we’ll realize that Bharat is no more a civilized country at any point. Crimes against women is higher than ever- in 2019, a total of 4,05,861 cases of crime against women were registered. And when I’m using the word ‘registered’ then you shouldn’t be wondered if I exclaim it as a tip of the iceberg. Many other social and economical problems have their roots attached with current education pattern (Eg. high unemployment, increasing rate of divorce, raise in mental stress and suicidal rate, domestic violence, human trafficking) which can be resolved by the New Education Policy.

Memorization vs. Education

In this ongoing education system competition is focused more than collaboration. A serious student is presumed to be focused on the top position. Where in reality, after the end of the day it doesn’t matter who can memorize the most, but who learned the most and apply the knowledge in the field. If we want our children to participate in PISA assessments and succeed, we have to change the way our students are trained because PISA doesn’t test students on their memory.

Teacher-student relation

Nowadays teaching has become just a way to earn money more than a duty. And when the money comes as the priority, everything else takes a backseat. In every academic year, teachers are concentrating on the completion of syllabus and students are being forced to stick their eyes only on tests. Neither this is the fault of teachers nor the students, but our inadequate education pattern which is intoxicating the teacher-student relation. So, the education system was seeking for a different policy like the NEP to revive the respect among the givers and takers in the system.

How the NEP will resolve the conundrums resulted from current education system:

• Sanctification of current education system-

Through the NEP a paradigm shift is aimed. The NEP will abolish the hard separation among ‘Arts’, ‘Commerce’, ‘Humanities’ and ‘Sciences’ or, between ‘Vocational’ and ‘Academic’ streams. So, the students will have more independency to pick up the subjects as they like and will enjoy studying. In that way Bharat will become a hub of well educated-furnished and intelligent people. 

According to the NEP, a student will get review not only from his/her teachers but also from the peers. It will alleviate the bitterness of negative competitions. This new review system will promote the harmony, acceptance and sense of integrity among the students, which is necessary equipment for good teamwork. And without a single doubt, these characteristics will help the future successful corporate sectors of Bharat. 

• Opportunities for Foreign Universities-

India is the second largest source of international students. According to 2015 Open Doors Report, a record high of 132,888 Bharatia students contributed $3.6B to the US economy; surely that is not an easy amount. In today’s world ‘brain power’ is more important than ‘muscle power’ because of the dominant state of technology. In past decades, Bharat continued to generate talents, but failed to absorb them- which were termed as ‘brain drain’. The NEP seeks to fix these issues, foreign colleges will be permitted to open campus in Bharat, and hence the talented students will be able to continue their higher studies from the motherland. 

How the NEP will purge the Constitutional provisions and Legislations

• Article 45 of the Constitution of Bharat directs the State to provide free and compulsory education for children. The judgment of Unni Krishnan v. State of A.P. spurred the demand for education, leading to 86 th amendment of the Constitution in 2002 and insertion of Art.21A. Thus, Art. 21A of the Constitution and sec.3 of the Right of Children to Free and Compulsory Education Act, 2009 ensures the right to education of every child of the age of six years to fourteen years. Therefore if a child is unable to receive quality education, it would be a violation of his fundamental right. The NEP envisioned extension of the ambit of the right to education for children from 3-18 years as it proposed realigning the stages of education. So, if the government seeks to the proper implementation of the NEP, then there is a possibility to amend the concerned article and sections.
• In the NEP the ‘Three Language Formula’ will be continued, where the mandatory teaching of Bharatia languages will protect and promote our linguistic and cultural diversity. The implementation mother tongue and local language based multilingual education system will pave the way for addressing the pending demands of recognizing many languages like Rajasthani, Bhojpuri and Bhoti among others, under Eighth schedule of the Constitution.
• Remarkable judicial pronouncements where education was remarked as an important part of human life-

In  Bandhua Mukti Morcha v. Union of India , the Supreme Court held that while exploitation of the child must be gradually banned; other substitutes to the child should be developed including providing education, health care, nutrient food, shelter and other means of livelihood with self-respect and dignity of person.

 In the case of Miss Mohini Jain v. State of Karnataka , the division bench of the Supreme Court stated that the right to education flows directly from right to life. The right to life under Article 21 and the dignity of an individual are not being assured unless it is accompanied by the right to education. The state is under an obligation to make endeavor to provide educational facilities at all levels to its citizens.

 In Avinash Mehrotra v. Union of India (2009) , The Court has protected the lives of children by recommending safety majors to be followed and thus it is a challenge to those private management schools which view education only as a business and hardly care about the lives of innocent children.

Moral, legal and jurisprudential arguments

• Arguments in favor of the NEP-
• The NEP proposes to dismantle UGC, All India Council for Technical Education (AICTE) and other regulatory bodies which govern all educational institutions. A new governing body named Higher Education Commission of India (HECI) will be set up as a single overarching umbrella body for entire higher education, excluding legal and medical education. This compilation will help the managements to adopt and implement unique properties of different institutions; as a result, a rapid progress of institutions will begin. This will also play an important role to introduce multidisciplinary system in the universities and colleges.
• The NEP is introducing open and distance learning system through the use of technology including online mode. In today’s world students are showing a great interest on online courses. Therefore the top universities of the world provide numbers of online courses (For instance, Harvard University). This facility will frame an aid to the students of rural areas who can’t move to big cities for higher studies because of their economic instability.
• In the contemporary world the virtual learning became a new normal. But, NEP is the first policy to rebuild the school system in the world that is trying to teach artificial intelligence from school level, which is from class VI level. And this new platform isn’t a sheer teaching, because it will also have an internship component.
• The UGC regulates most of the universities of Bharat. Our universities are overregulated and underfunded. While we know that Bharat is well known for her diversities in language and culture. The students of numerous universities have their different background, at this point common and rigid rules hindered the development of the universities. The NEP put forth that the affiliations of colleges will be phased out and graded autonomy will be given to the colleges. I must call this as a brilliant step forward, because these decisions will boost up the energy of universities to enhance their capacity in their own pace.
• The NEP is very welcoming policy because it is designed while the problems faced by the students were kept in mind. It will give the green light to the students to take risk in their education to discover interest in the studies. Multiple entry and exit options would be offered through this policy; therefore if a student thinks that he/she is not fit for a course then he/she may leave the course in varied phases with different certificates . Establishment of an Academic Bank of Credit is proposed which would digitally store academic credits earned from various recognized HEIs so that the degrees from an HEI can be awarded taking into account credits earned .
• Arguments against the NEP-

The National Education Policy, 2020 is a prolific policy prepared by the Ministry of Human Resource Development. Bunches of advanced ideas secured their place in the policy. Yet, the policy is loaded with loopholes from the head to tail. Let us discuss few of these loopholes which craves for the attention of the government-

• Sweden is one of the developed countries of western world and has an identical position for the quality of education. A good education system precedes an elegant, well-behaved, mature people, as we can easily point this in ancient Bharat. Then what was the reason behind the recent violence took place in southern Sweden? Was it only political reason? Obviously no, there must be lack of understanding, acceptability, and tolerance. In Bharat there are no exceptions, as this kind of violence makes front-page heading in Indian newspaper more than often- we remember Riots in Bangalore , Riots in Delhi . The NEP isn’t focusing on these serious problems. As the ancient literature of Bharat, says-

Kaumāra ācaret prājño dharmān bhāgvatān iha (SB. 7.6.1.)

Means, from the tender age of childhood one should practice devotional services. But the NEP don’t aim to teach the students the purpose of life, the meaning of life- what does it aims to teach is the pleasure of life which is incomplete knowledge and don’t form a violence free society. Because when everyone is looking for own pleasure, they don’t care for the society- for the nation.

• In 1964, the Kothari Commission had recommended a 6% allocation of GDP in education. But, Bharat never spent 6% of its GDP on education since her independence. In the latest education policy the government decided to allocate 6% of GDP on education, which is late but laudable. In the COVID crisis we felt that even if we have the best planning there are undesirable chances when our vision turns hazy and we stood helpless and hapless. So, the question is – when and how these goals will be achieved? The government reduced spending on education in good times, how it can double it in bad times?(In 2020-21 government spent 3.2% GDP on education which is down from 4.14% in 2014-15)
• Indeed the New Education Policy enshrines different colorful ideas to re-structure the system, but the policy is starting with existing imperfect institutions. Name changing of a ministry does not bring any change in strategies of the ministry. The NEP didn’t lay out any clear roadmap for complete makeover of the policy. This policy proposed the digital education, but how can we forget that National Optical Fiber Network (NOFN) is still not completely operational after 8yrs. We should always remember that education is also about discipline, development and a path to breaking the cycle of ignorance. There are many unanswered questions, How to train kids at home to follow digital education? How the equality will be maintained among poor students who can’t avail broadband connectivity and comparatively more financially stable students? 
• The NEP provides a broad direction which is not mandatory to follow. Education is a subject of concurrent list, the reforms are proposed can be implemented collaboratively by Central and State Government. EVEN IF all State governments accept the policy as it is, private school are not bound to provide education in regional or local language. There are bundle of imperfections in the policy which will create an inevitable class division among students. 
• Bharat is one of those countries having a serious problem regarding child labour and poverty. It is next impossible to eliminate these two problems in near five decades. In this atmosphere the NEP prepared to provide the training of carpentry, gardening to the students from sixth standard. These training will enable students of 12-13yrs age group to earn money through using their skills. An earning pressure will be expected to the adolescents of poverty stricken family and the students will be compelled to drop out from the school for work. This could affect the goal to double the GER.

Bharat is the mother of countless inventions from the time of sages. While western education was introduced, Bharat’s scientific, technical and moral education was largely ignored. In 1931, during the Round Table conference Gandhi ji said-

“The beautiful tree of education was cut down by you british. Therefore, today, India is far more illiterate than it was 100 years ago.”

Since the independence of Bharat, several steps were taken by the successive government to decolonize our education system; for example, the University Education Commission (1948-49), Secondary Education Commission (1952-53), D. S. Kothari Commission (1964-66) and National Policy on Education (1968). And each one of these moves turned into fiasco. According to NCRB data, since 2000, state prisons have seen a 140 percent growth in the number of graduate convicts and the number of educated undertrials too has substantially increased- by 454 percent. But, the New Education Policy, 2020 is a nectar fruit of long consultations. The NEP is an instrument to mutate the DNAs of our education system. But, that is a complicated and long term process. Both the Central and State Government have to be more responsible to implement the policy from the grass root level. We all dream for our developed nation, but we must keep in mind- 

“Desire is only a thought, an impulse. It is nebulous and ephemeral. It is abstract and of no value, until it has been transformed into its physical counterpart.” – Napoleon Hill

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Review of National Education Policy (NEP) 2020

• August 31, 2020
• Career Guidance , Parents Must Read

The new National Education Policy (NEP) is the first holistic reform that aims to completely change education of all levels across India – the first of its kind since the Constitution of India was created more than seven decades ago. The NEP can be seen as a continuing of the ideals and principles listed out in the Constitution, as the NEP itself claims to ‘‘build an equitable, inclusive, and plural society as envisaged’ in the Constitution’. Lofty goals, however, the changes listed in the NEP, if implemented correctly, have the potential to bring Indian education to global levels and completely reform society.

National Education Policy (NEP) 2020

By Kunal Vasudeva

No child will be left behind

One of the most crucial parts of the NEP is its aim to level the playing field during the formative years. All children will undergo a 3-month long orientation before entering first grade to ensure they are on track with their peers and have a basic level of literacy and numeracy.

A seemingly simple yet crucial step that will give children from disadvantaged backgrounds a fair start to their education. In addition, more focus will be placed on teacher training to help them mentor students, while also allowing community volunteers to participate in teaching – giving students role models and figures they can relate to and learn from.

It shifts from memorization to ‘learning to learn’ – fostering a new generation of thinkers

There’s no secret that parts of Indian education have been about cramming facts and figures – many of which will have no use in adult life. Until now, it’s been about memorizing enough to earn high marks in an increasingly competitive space.

The NEP has set about to change this by promoting a ‘critical thinking’ approach to learning, making students come to their own conclusions after being given facts – and not just providing facts and expecting them to memorize answers.

Earlier many students would first encounter a ‘critical thinking’ approach in their IB board or overseas education – this new ethos will help promote lifelong learning, faster skill adaptation, and a more self-driven and autonomous workforce of professionals.

More focus on Arts subjects and Extra-curricular activities will help create a more diverse society

While just a few years ago there were talks of completely phasing out liberal arts education, the rise in demand for these programs showed that the new generation of learners had different aspirations. Now, the NEP has embraced this demand and is bringing it to all education.

With major changes in higher education, students will now have a ‘major’ and a ‘minor’ – allowing someone with a passion for engineering to still pursue writing and vice versa. This creates a safe and comfortable balance for students to balance their passions with ‘ROI worthy’ education options – with new exit and entry points allowing people to complete, pick up and resume education across their entire life.

With this change, the next few decades will see a rise of more culture and arts-focused professions, and a mindset shift from ‘engineering, law or medicine’ to be able to safely pursue a passion due to their being enough professional paths after graduating to flourish in.

Top foreign universities will now be allowed to operate in India – encouraging international knowledge transfer

While foreign universities have already been offering ‘twinning’ and study abroad programs for years now, they were not allowed to set up their own campuses in India. This meant that it was near impossible for Indian HEIs to attract quality international faculty or students from abroad – instead, it has been a primarily one-way brain drain, and India was losing its best and brightest faculty and students to overseas institutes.

Now, for the first time, foreign institutes will be allowed to operate within the country – as long as they’re in the global top 100. This is fantastic news that will be likely to bring in international faculty and academic experts, allow Indian faculty to work abroad and bring back new expertise with them, as well as encourage a steady foundation of multi-culturalism and global-mindedness within Indian students.

Could the NEP be the key to becoming a global superpower?

Very possibly. The changes laid out in the NEP mirror the educational models of some of the most powerful and developed countries in the world. And now, these processes will be applied to a country that has the largest population in the world. If implemented correctly, it will give children from all parts of society equal footing and a fair start to life. It will encourage students to think, not just repeat. It will offer new educational streams and encourage the pursuit of art and culture.

It is finally opening up India’s doors to the world. If pulled off faithfully, India could be entering its own renaissance in just the next two generations, and build a better India for centuries to come.

Author Bio:

Kunal Vasudeva is the Chief Operating Officer at the Indian School of Hospitality. With over 25 years of work experience, Kunal has been at the forefront of some of India’s leading hospitality and hospitality education ventures.

An immersive specialist, Kunal identified opportunities, implemented plans for accelerated growth, and has led the overarching strategy and execution of business on behalf of premier education brands including the Kingfisher Training Academy, The Chopras, and the Ecole hôtelière de Lausanne network of certified schools in India.

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Columbia Law Review’s website is shut down after publishing an article critical of Israel

NEW YORK (AP) — Student editors at the Columbia Law Review say they were pressured by the journal’s board of directors to halt publication of an academic article written by a Palestinian human rights lawyer that accuses Israel of committing genocide in Gaza and upholding an apartheid regime.

When the editors refused the request and published the piece Monday morning, the board — made up of faculty and alumni from Columbia University’s law school — shut down the law review’s website entirely. It remained offline Tuesday evening, a static homepage informing visitors the domain “is under maintenance.”

The episode at one of the country’s oldest and most prestigious legal journals marks the latest flashpoint in an ongoing debate about academic speech that has deeply divided students, staff and college administrators since the start of the Israel-Hamas war.

READ MORE: ‘We have nothing.’ As Israel attacks Rafah, Palestinians live in tents and search for food and water

Several editors at the Columbia Law Review described the board’s intervention as an unprecedented breach of editorial independence at the periodical, which is run by students at Columbia Law School. The board of directors oversees the nonprofit’s finances but has historically played no role in selecting pieces.

In a letter sent to student editors Tuesday and shared with The Associated Press, the board of directors said it was concerned that the article, titled “Nakba as a Legal Concept,” had not gone through the “usual processes of review or selection for articles at the Law Review, and in particular that a number of student editors had been unaware of its existence.”

“In order to preserve the status quo and provide student editors some window of opportunity to review the piece, as well as provide time for the Law Review to determine how to proceed, we temporarily suspended the website,” the letter continued.

Those involved in soliciting and editing the piece said they had followed a rigorous review process, even as they acknowledged taking steps to forestall expected blowback by limiting the number of students aware of the article.

In the piece, Rabea Eghbariah, a Harvard doctoral candidate, accuses Israel of a litany of “crimes against humanity,” arguing for a new legal framework to “encapsulate the ongoing structure of subjugation in Palestine and derive a legal formulation of the Palestinian condition.”

READ MORE: Pro-Palestinian campus protests are evolving. Here’s what to watch

Eghbariah said in a text message that the suspension of the law journal’s website should be seen as “a microcosm of a broader authoritarian repression taking place across U.S. campuses.”

Editors said they voted overwhelmingly in December to commission a piece on Palestinian legal issues, then formed a smaller committee — open to all of the publication’s editorial leadership — that ultimately accepted Eghbariah’s article. He had submitted an earlier version of the article to the Harvard Law Review, which the publication later elected not to publish amid internal backlash, according to a  report in The Intercept .

Anticipating similar controversy and worried about a leak of the draft, the committee of editors working on the article did not upload it to a server that is visible to the broader membership of the law journal and to some administrators. The piece was not shared until Sunday with the full staff of the Columbia Law Review — something that editorial staffers said was not uncommon.

“We’ve never circulated a particular article in advance,” said Sohum Pal, an articles editor at the publication. “So the idea that this is all over a process concern is a total lie. It’s very transparently content based.”

In their letter to students, the board of directors said student editors who didn’t work on the piece should have been given an opportunity to read it and raise concerns.

“Whatever your views of this piece, it will clearly be controversial and potentially have an impact on all associated with the Review,” they wrote.

Those involved in the publishing of the article said they heard from a small group of students over the weekend who expressed concerns about threats to their careers and safety if it were to be published.

Some alluded to trucks that  circled Columbia and other campuses  following Hamas’ Oct. 7 attack on Israel, labeling students as antisemites for their past or current affiliation with groups seen as hostile to Israel.

READ MORE: Who are the Palestinian and Jewish-led groups leading the protests against Israel’s action in Gaza?

The letter from the board also suggested that a statement be appended to the piece stating the article had not been subject to a standard review process or made available for all student editors to read ahead of time.

Erika Lopez, an editor who worked on the piece, said many students were adamantly opposed to the idea, calling it “completely false to imply that we didn’t follow the standard process.”

She said student editors had spoken regularly since they began receiving pushback from the board on Sunday and remained firmly in support of the piece.

When they learned the website had been shuttered Monday morning, they quickly uploaded Eghbariah’s article to a  publicly accessible website . It has since spread widely across social media.

“It’s really ironic that this piece probably got more attention than anything we normally published,” Lopez added, “even after they nuked the website.”

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Israeli airstrike on Rafah tent camp kills 45, triggers new wave of condemnation

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HR’s New Role

• Peter Cappelli
• Ranya Nehmeh

Though the human resources function was once a strong advocate for employees, in the 1980s things changed. As labor markets became slack, HR shifted its focus to relentless cost cutting. Because it was hard for employees to quit, pay and every kind of benefit got squeezed. But now the pendulum has swung the other way. The U.S. unemployment rate has been below 4% for five years (except during the Covid shutdown), and the job market is likely to remain tight. So today the priorities are keeping positions filled and preventing employees from burning out. Toward that end HR needs to focus again on taking care of workers and persuade management to change outdated policies on compensation, training and development, layoffs, vacancies, outsourcing, and restructuring.

One way to do that is to show leaders what the true costs of current practices are, creating dashboards with metrics on turnover, absenteeism, reasons for quitting, illness rates, and engagement. It’s also critical to prevent employee stress, especially by addressing fears about AI and restructuring. And when firms do restructure, they should take a less-painful, decentralized approach. To increase organizational flexibility and employees’ opportunities, HR can establish internal labor markets, and to promote a sense of belonging and win employees’ loyalty, it should ramp up DEI efforts.

In this tight labor market, cost cutting is out. Championing employee concerns is in.

Idea in Brief

The pendulum swing.

For decades, when U.S. labor markets were slack, HR focused on cost cutting, which meant squeezing employees’ pay, benefits, and training. But now that labor markets are tight, the challenge is to retain workers.

The New Priorities

HR must focus on keeping positions filled and preventing employees from burning out or becoming dissatisfied.

The HR function must educate leaders about the true costs of turnover, address employee anxiety about AI and restructuring, lobby for investments in training, rethink how contract workers and vendors are used, and strengthen diversity, equity, and inclusion efforts.

From World War II through 1980 the focus of the human resources function was advocating for workers—first as a way to keep unions out of companies and later to manage employees’ development in the era when all talent was grown from within. Then things changed. Driven by the stagflation of the 1970s, the recession of the early 1980s, and more recently the Great Recession, HR’s focus increasingly shifted to relentless cost cutting. Decades of slack labor markets made slashing HR expenses easy because it was hard for people to quit. Pay and every kind of benefit, including training and development, got squeezed. Work demands went up, and job security fell.

• Peter Cappelli is the George W. Taylor Professor of Management at the Wharton School and the director of its Center for Human Resources. He is the author of several books, including Our Least Important Asset: Why the Relentless Focus on Finance and Accounting Is Bad for Business and Employees (Oxford University Press, 2023).
• Ranya Nehmeh is an HR specialist working on topics related to people strategy, human capital, leadership development, and talent management and is the author of The Chameleon Leader: Connecting with Millennials (2019).

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• Through preliminary research and strategic workshops, CDC identified four areas of focus to address the evolving drug overdose crisis.
• Stop Overdose resources speak to the reality of drug use, provide practical ways to prevent overdoses, educate about the risks of illegal drug use, and show ways to get help.

Drugs take nearly 300 lives every day. 1 To address the increasing number of overdose deaths related to both prescription opioids and illegal drugs, we created a website to educate people who use drugs about the dangers of illegally manufactured fentanyl, the risks and consequences of mixing drugs, the lifesaving power of naloxone, and the importance of reducing stigma around recovery and treatment options. Together, we can stop drug overdoses and save lives.

What you can do

• Get the facts on fentanyl
• Learn about lifesaving naloxone
• Understand the risks of polysubstance use
• Reduce stigma around recovery and treatment

Explore and download Stop Overdose and other educational materials on CDC's Overdose Resource Exchange .

• Centers for Disease Control and Prevention, National Center for Health Statistics. National Vital Statistics System, Mortality 2018-2021 on CDC WONDER Online Database, released in 2023. Data are from the Multiple Cause of Death Files, 2018-2021, as compiled from data provided by the 57 vital statistics jurisdictions through the Vital Statistics Cooperative Program. Accessed at http://wonder.cdc.gov/mcd-icd10-expanded.html on Mar 5, 2024

Every day, drugs claim hundreds of lives. The Stop Overdose website educates drug users on fentanyl, naloxone, polysubstance use, and dealing with stigma.

• USTR Releases Summaries from U.S. – Kenya Strategic Trade and Investment Partnership Negotiations
• Ambassador McKalip to Travel to Singapore for Bilateral Meetings, U.S. Agricultural Stakeholder Engagement and Indo-Pacific Economic Framework (IPEF) Meetings
• Readout of United States Trade Representative Katherine Tai’s Call with Lithuania’s Minister of Foreign Affairs Gabrielius Landsbergis
• United States Announces Successful Resolution of Rapid Response Labor Mechanism Matter to Restore Workers’ Rights at Minera Tizapa Facility
• United States Announces Successful Resolution of Rapid Response Mechanism Labor Matter at Servicios Industriales González, S.A. de C.V.
• USTR, USDA Announce Appointments to Seasonal and Perishable Agricultural Products Advisory Committee
• United States Seeks Mexico’s Review of Alleged Denial of Workers’ Rights at Volkswagen de México, S.A. de C.V.
• USTR Extends Certain Exclusions from China Section 301 Tariffs
• United States and Kenya to Hold Sixth Negotiating Round Under the Strategic Trade and Investment Partnership
• USTR Announces New Action to Improve Emergency Response Collaboration Under the USMCA
• United States, Canada, and Mexico Joint Statement of the Fourth Meeting of the USMCA//CUSMA//T-MEC Free Trade Commission
• Readout of United States Trade Representative Katherine Tai’s Meeting with Canadian Minister of Export Promotion, International Trade, and Economic Development Mary Ng
• Readout of United States Trade Representative Katherine Tai’s Meeting with Mexican Secretary of Economy Raquel Buenrostro
• Readout of Fourth Meeting of the U.S.-Vietnam Timber Working Group
• USTR Issues Federal Register Notice on Section 301 Proposed Tariff Modifications and Machinery Exclusion Process
• Statement from Ambassador Katherine Tai Commemorating World Trade Week
• United States and Kenya Joint Statement after the Fifth Round of U.S.-Kenya Strategic Trade and Investment Partnership Negotiations
• Readout of Ambassador Katherine Tai’s Meeting With Peru’s Minister of Foreign Trade and Tourism Elizabeth Galdo Marín
• Ambassador Tai to Travel to Phoenix, Arizona
• The Office of the U.S. Trade Representative, Small Business Administration, and Department of Commerce Convene the Third USMCA Small and Medium-Sized Enterprise Dialogue
• ICYMI: U.S. Trade Representative Katherine Tai Delivers Remarks on Her Actions to Increase China Tariffs

U.S. Trade Representative Katherine Tai to Take Further Action on China Tariffs After Releasing Statutory Four-Year Review

• USTR Invites Public Participation in Stakeholder Listening Session During Fifth United States-Kenya Strategic Trade and Investment Partnership Negotiating Round
• USMCA Rapid Response Labor Mechanism Panel Releases Determination Regarding Grupo México Mine; Biden-Harris Administration Will Continue Seeking to Enforce USMCA Labor Obligations and Advance Workers’ Rights
• Ambassador Tai to Travel to Arequipa, Peru
• Week Ahead Guidance for the Week of May 13 to May 17, 2024
• United States and Kenya to Hold Fifth Negotiating Round Under their Strategic Trade and Investment Partnership
• Ambassador Tai to Travel to Los Angeles, California
• United States and the Philippines Hold Agriculture and Labor Working Group Meetings Under the Trade and Investment Framework Agreement
• Readout of the U.S.-Iraq Trade and Investment Framework Agreement (TIFA) Council Meeting
• USTR Announces Neil Beck as Acting Assistant U.S. Trade Representative for WTO and Multilateral Affairs
• Week Ahead Guidance for the Week of May 6 to May 10, 2024
• Statement from Ambassador Katherine Tai in Recognition of International Workers’ Day
• Readout of Negotiating Round Under the U.S.-Taiwan Initiative on 21st-Century Trade
• Statement from Ambassador Katherine Tai Celebrating Asian American, Native Hawaiian, and Pacific Islander Heritage Month
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May 14, 2024

WASHINGTON – U.S. Trade Representative Katherine Tai today released the following statement concerning the statutory review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation: “After thorough review of the statutory report on Section 301 tariffs, and having considered my advice, President Biden is directing me to take further action to encourage the elimination of the People’s Republic of China’s unfair technology transfer-related policies and practices that continue to burden U.S. commerce and harm American workers and businesses,” said Ambassador Katherine Tai.    “As the President recognizes in his memorandum, while the tariffs have been effective in encouraging the PRC to take some steps to address the issues identified in the Section 301 investigation, further action is required.   “In light of President Biden’s direction, I will be proposing modifications to the China tariffs under Section 301 to confront the PRC’s unfair policies and practices. From the beginning of the Biden-Harris Administration, I have been committed to using every lever of my office to promote American jobs and investments, and these recommendations are no different. Today, we serve our statutory goal to stop the PRC’s harmful technology transfer-related acts, policies, and practices, including its cyber intrusions and cyber theft. I take this charge seriously, and I will continue to work with my partners across sectors to ensure any action complements the Biden-Harris Administration’s efforts to expand opportunities for American workers and manufacturers.”   The Section 301 statute directs that the four-year review includes a consideration of: the effectiveness of the tariff actions in achieving the objective of the investigation; other actions that could be taken; and the overall effects of the tariff actions on the U.S. economy. The Office of the U.S. Trade Representative’s (USTR) Report  addresses the statutory elements of the review, suggests modifications to strengthen the actions, and makes certain recommendations.   To encourage further elimination of the PRC’s technology transfer-related acts, policies, and practices, Ambassador Tai has recommended that products from the PRC currently subject to Section 301 tariffs should remain. Additionally, in light of the increased burden on U.S. commerce, President Biden is directing Ambassador Tai to take action to add or increase tariffs for certain products. As the Report details, Ambassador Tai will propose the following modifications in strategic sectors:

The Report also makes recommendations for: (1) establishing an exclusion process targeting machinery used in domestic manufacturing, including proposals for 19 exclusions for certain solar manufacturing equipment; (2) allocating additional funds to United States Customs and Border Protection for greater enforcement of Section 301 actions; (3) greater collaboration and cooperation between private companies and government authorities to combat state-sponsored technology theft; and (4) continuing to assess approaches to support diversification of supply chains to enhance our own supply chain resilience.   President Biden is also directing Ambassador Tai to establish an exclusion process for machinery used in domestic manufacturing and to prioritize, in particular, exclusions for certain solar manufacturing equipment.   Next week, USTR will issue a Federal Register notice announcing procedures for interested persons to comment on the proposed modifications and information concerning an exclusion process for machinery used in domestic manufacturing.    Background     In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation.  In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions.  USTR opened a docket on November 15, 2022, for interested persons to submit comments with respect to a number of considerations concerning the review.  USTR received nearly 1,500 comments.   As part of the statutory review process, throughout 2023 and early 2024, USTR and the Section 301 Committee (a staff-level body of the USTR-led, interagency Trade Policy Staff Committee) held numerous meetings with agency experts concerning the review and the comments received.    Specifically, the Report concludes: 

• The Section 301 actions have been effective in encouraging the PRC to take steps toward eliminating some of its technology transfer-related acts, policies, and practices and have reduced some of the exposure of U.S. persons and businesses to these technology transfer-related acts, policies, and practices.  
• The PRC has not eliminated many of its technology transfer-related acts, policies, and practices, which continue to impose a burden or restriction on U.S. commerce. Instead of pursuing fundamental reform, the PRC has persisted, and in some cases become aggressive, including through cyber intrusions and cybertheft, in its attempts to acquire and absorb foreign technology, which further burden or restrict U.S. commerce.  
• Economic analyses generally find that tariffs (particularly PRC retaliation) have had small negative effects on U.S. aggregate economic welfare, positive impacts on U.S. production in the 10 sectors most directly affected by the tariffs, and minimal impacts on economy-wide prices and employment.  
• Negative effects on the United States are particularly associated with retaliatory tariffs that the PRC has applied to U.S. exports.  
• Critically, these analyses examine the tariff actions as isolated policy measures without reference to the policy landscape that may be reinforcing or undermining the effects of the tariffs.  
• Economic analyses, including the principal U.S. Government analysis published by the U.S. International Trade Commission, generally find that the Section 301 tariffs have contributed to reducing U.S. imports of goods from the PRC and increasing imports from alternate sources, including U.S. allies and partners, thereby potentially supporting U.S. supply chain diversification and resilience. 

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