RIGHT TO EDUCATION ACT

 

RIGHT TO EDUCATION ACT

Education is a fundamental human right, essential for the empowerment and development of an individual and the society as a whole. According to the UNESCO's 'Education for All Global Monitoring Report 2010, about 135 countries have constitutional provision for free and non-discriminatory education for all. In 1950, India made a Constitutional commitment to provide free and compulsory education to all children up to the age of 14, by adding this provision in article 45 of the directive principles of state policy.

With the 86th Constitutional amendment on 12^th December 2002, Article 21A was amended by the Constitution in order to introduce Right to Education as a fundamental right.

The Right of Children to Free and Compulsory Education Act finally came into force on 1^st April 2010. The Act provides for free and compulsory education to all children in the age group of six to fourteen years. It is now a legally enforceable duty of the Centre and the states, to provide free and compulsory education.

The Act has the following major provisions

• Every child between the age of six to fourteen years, shall have the right to free and compulsory education in a neighbourhood school, till completion of elementary education.
• For this purpose, no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
• Where a child above six years of age has not been admitted to any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age.
• For carrying out the provisions of this Act, the appropriate government and local authority shall establish a school, if it is not established, within the given area, within a period of three years, from the commencement of this Act.
• The Central and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.

This Act is an essential step towards improving each child's accessibility to secondary and higher education. The Act also contains specific provisions for disadvantaged groups, such as child labourers, migrant children, children with special needs, or those who have a disadvantage owing to social, cultural, economical, geographical, linguistic, gender or any such factor. With the implementation of this Act, it is also expected that issues of school dropout, out-of-school children, quality of education and availability of trained teachers would be addressed in the short to medium term plans.

 

The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

·         Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.

·         It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

·         It makes provisions for a non-admitted child to be admitted to an age appropriate class.

·         It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.

·         It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.

·         It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.

·         It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.

·         It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,

·         It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

What is the Act About?

1.     Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act via Article 21A. The Right to Education Act seeks to give effect to this amendment

2.     The government schools shall provide free education to all the children and the schools will be managed by School Management Committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.

3.     The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.

Main Features of RTE Ac t, 2009

·         Free and compulsory education to all children of India in the 6 to 14 age group.

·         No child shall be held back, expelled or required to pass a board examination until the completion of elementary education.

·         If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed. Provided further that a child so admitted to elementary education shall be entitled to free education till the completion of elementary education even after 14 years.

·         Proof of age for admission: For the purpose of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856, or on the basis of such other document as may be prescribed. No child shall be denied admission in a school for lack of age proof

·         A child who completes elementary education shall be awarded a certificate.

·         Call need to be taken for a fixed student–teacher ratio.

·         Twenty-five per cent reservations for economically disadvantaged communities in admission to Class I in all private schools is to be done.

·         Improvement in the quality of education is important.

·         School teachers will need adequate professional degree within five years or else will lose job.

·         School infrastructure (where there is a problem) need to be improved in every 3 years, else recognition will be cancelled.

·         Financial burden will be shared between the state and the central government.