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Right of Children to Free and Compulsory Education Act, 2009

February 21, 2023

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Indian Constitution.[1] India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.[2][3][4] 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.17.[5]

The Right of Children to Free and Compulsory Education Act, 2009
Parliament of India
  • An Act to provide for free and compulsory education to all the children of the age of six to fourteen years.
CitationAct No. 35 of 2009
Enacted byParliament of India
Assented to26 August 2009
Commenced1 April 2010
Related legislation
86th Amendment (2002)
Status: In force

History

Present Act has its history in the drafting of the Indian constitution at the time of Independence[6] but is more specifically to the Constitutional Amendment of 2002 that included the Article 21A in the Indian constitution making Education a fundamental Right. This amendment, however, specified the need for a legislation to describe the mode of implementation of the same which necessitated the drafting of a separate Education Bill. It is the 86th amendment in the Indian Constitution.

A rough draft of the bill was prepared in year 2005. It caused considerable controversy due to its mandatory provision to provide 25% reservation for disadvantaged children in private schools. The sub-committee of the Central Advisory Board of Education which prepared the draft Bill held this provision as a significant prerequisite for creating a democratic and egalitarian society. Indian Law commission had initially proposed 50% reservation for disadvantaged students in private schools.[7][8]

On 7 May 2014, The Supreme Court of India ruled that Right to Education Act is not applicable to Minority institutions.[9]

Passage

The bill was approved by the cabinet on 2 July 2009.[10] Rajya Sabha passed the bill on 20 July 2009[11] and the Lok Sabha on 4 August 2009.[12] It received Presidential assent and was notified as law on 26 August 2009[13] as The Children's Right to Free and Compulsory Education Act.[14] The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the then Prime Minister Manmohan Singh. In his speech, Dr. Singh stated, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." It has now come into force in Jammu and Kashmir after its reorganisation into a Union Territory of India in 2019.[15]

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.

Highlights

The RTE act requires surveys that will monitor all neighbourhoods, identify children requiring education, and set up facilities for providing it. The World Bank education specialist for India, Sam Carlson, has observed:

The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance and completion on the Government. It is the parents' responsibility to send the children to schools in the US and other countries.[16]

The Right to Education of persons with disabilities until 18 years of age is laid down under a separate legislation- the Persons with Disabilities Act. A number of other provisions regarding improvement of school infrastructure, teacher-student ratio and faculty are made in the Act.

Implementation and funding

Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue. The Act lays down specific responsibilities for the centre, state and local bodies for its implementation. The states have been clamouring that they lack financial capacity to deliver education of appropriate standard in all the schools needed for universal education.[17] Thus it is clear that the central government (which collects most of the revenue) will be required to subsidise the states.

A committee set up to study the funds requirement and funding initially estimated that Rs 1710 billion or 1.71 trillion (US$38.2 billion) across five years was required to implement the Act, and in April 2010 the central government agreed to sharing the funding for implementing the law in the ratio of 65 to 35 between the centre and the states, and a ratio of 90 to 10 for the north-eastern states.[18] However, in mid 2010, this figure was upgraded to Rs. 2310 billion, and the center agreed to raise its share to 68%.[17] There is some confusion on this, with other media reports stating that the centre's share of the implementation expenses would now be 70%.[19] At that rate, most states may not need to increase their education budgets substantially.

A critical development in 2011 has been the decision taken in principle to extend the right to education till Class X (age 16)[20] and into the preschool age range.[21] The CABE committee is in the process of looking into the implications of making these changes.

Advisory Council on Implementation

The Ministry of HRD set up a high-level, 14-member National Advisory Council (NAC) for implementation of the Act. The members include:

Status of implementation

A report on the status of implementation of the Act was released by the Ministry of Human Resource Development on the one-year anniversary of the Act, and again till 2015. The report admits that 1.7 million children in the age group 6-14 remain out of school and there's a shortage of 508,000 teachers country-wide. A shadow report by the RTE Forum, representing the leading education networks in the country led by Ambarish Rai (a prominent activist), however, challenging the findings pointing out that several key legal commitments are falling behind schedule.[23] The Supreme Court of India has also intervened to demand implementation of the Act in the Northeast.[24] It has also provided the legal basis for ensuring pay parity between teachers in government and government aided schools[25]

Haryana Government has assigned the duties and responsibilities to Block Elementary Education Officers–cum–Block Resource Coordinators (BEEOs-cum-BRCs) for effective implementation and continuous monitoring of implementation of Right to Education Act in the State.[26]

Precedents

It has been pointed out that the RTE act is not new. Universal adult franchise in the act was opposed since most of the population was illiterate. Article 45 in the Constitution of India was set up as an act:

The state shall endeavour to provide, within a period of ten years from commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. As that deadline was about to be passed many decades ago, the education minister at the time, M C Chagla, memorably said:
Our Constitution fathers did not intend that we just set up hovels, put students there, give untrained teachers, give them bad textbooks, no playgrounds, and say, we have complied with Article 45 and primary education is expanding... They meant that real education should be given to our children between the ages of 6 and 14 – M.C. Chagla, 1964[27]

In the 1990s, the World Bank funded a number of measures to set up schools within easy reach of rural communities. This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s. RTE takes the process further, and makes the enrolment of children in schools a state prerogative.

Criticism

The act has been criticised for being hastily drafted,[28] not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.[29] Many of the ideas are seen as continuing the policies of Sarva Shiksha Abhiyan of the 2000s, and the World Bank funded District Primary Education Programme DPEP of the '90s, both of which, while having set up a number of schools in rural areas, have been criticised for being ineffective[30] and corruption-ridden.[31]

The quality of education provided by the government school system is not good.[32] While it remains the largest provider of elementary education in the country, forming 80% of all recognised schools, it suffers from shortage of teachers and infrastructural gaps. Several habitations lack schools altogether. There are also frequent allegations of government schools being riddled with absenteeism and mismanagement and of appointments made on political convenience. Despite the allure of free lunch in the government schools, many parents send their children to private schools. Average schoolteacher salaries in private rural schools in some States (about Rs. 4,000 per month) are considerably lower than those in government schools.[33] As a result, the proponents of low-cost private schools critique the government schools as being poor value for money.

Children attending the private schools are seen to be at an advantage, forming a discrimination against the weakest sections who are forced to go to government schools. Furthermore, the system has been criticised as catering to the rural elites who are able to afford school fees in a country where a large number of families live in absolute poverty. The act has been criticised as discriminatory for not addressing these issues. Well-known educationist Anil Sadgopal said of the hurriedly drafted act:

It is a fraud on our children. It gives neither free education nor compulsory education. In fact, it only legitimises the present multi-layered, inferior quality school education system where discrimination shall continue to prevail.[28]

Entrepreneur Gurcharan Das noted that 54% of urban children attend private schools, and this rate is growing at 3% per year. "Even the poor children are abandoning the government schools. They are leaving because the teachers are not showing up."[28] However, other researchers have countered the argument by saying that the evidence for higher standard of quality in private schools often disappears when other factors (like family income and parental literacy) are accounted for.

Public-private partnership

To address these quality issues, the Act has provisions for compensating private schools for admission of children under the 25% quota which has been compared to school vouchers, whereby parents may "send" their children in any school, private or public. This measure, along with the increase in PPP (Public Private Partnership) has been viewed by some organisations such as the All-India Forum for Right to Education (AIF-RTE), as the state abdicating its "constitutional obligation towards providing elementary education".[30]

Infringement on private schools

The Society for Un-aided Private Schools, Rajasthan (in Writ Petition (Civil) No. 95 of 2010) and as many as 31 others[34] petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference.[35] The parties claimed that providing 25 percent reservation for disadvantaged children in government and private unaided schools is "unconstitutional".

Forcing unaided schools to admit 25% disadvantaged students has also been criticized on the grounds that the government has partly transferred its constitutional obligation to provide free and compulsory elementary education to children on “non-state actors,” like private schools but collected a 2% of the total tax payable for primary education.[30]

On 12 April 2012, a three judge bench of the Supreme Court delivered its 2-1 judgement. Chief Justice SH Kapadia and Justice Swatanter Kumar held that providing the reservation is not unconstitutional but stated that the Act will not be applicable to private minority schools and boarding schools. However, Justice K. S. Panicker Radhakrishnan dissented with the majority view and held that the Act cannot apply to minority and non-minority private schools that do not receive aid from the government.[36][37][38]

In September 2012, the Supreme Court declined a review petition on the Act.[39]

In May 2016, the Chetpet-based CBSE school Maharishi Vidya Mandir became embroiled in a scandal over its circumvention of the 25% quota rule.[40] During its admissions cycle, the school told economically weaker parents "the RTE does not exist' and "we do not take these [government RTE] applications." The senior principal also informed the Tamil Nadu Regional Director of the CBSE that he intended to "reject applicants without an email address" and so excluded technically-illiterate parents from seeking admissions. In addition, school officials falsified the distance figures of several poorer candidates to attempt to disqualify them from availing of the scheme.

Barrier for orphans

The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates. Orphan children are often unable to produce such documents, even though they are willing to do so. As a result, schools are not admitting them, as they require the documents as a condition to admission.[41]

References

  1. ^ . Department of Higher Education. Archived from the original on 1 February 2010. Retrieved 1 April 2010.
  2. ^ Aarti Dhar (1 April 2010). "Education is a fundamental right now". The Hindu.
  3. ^ "India launches children's right to education". BBC News. 1 April 2010.
  4. ^ "India joins list of 135 countries in making education a right". The Hindu News. 2 April 2010.
  5. ^ "Right to Education". LawJi.in : one-stop destination for all law students. Retrieved 26 September 2018.
  6. ^ Selva, G. (22 March 2009). "Universal Education in India: A Century Of Unfulfilled Dreams". PRAGOTI. Retrieved 1 April 2010.
  7. ^ Seethalakshmi, S. (14 July 2006). . The Times of India. Archived from the original on 3 November 2012. Retrieved 1 April 2010.
  8. ^ "Microsoft Word - Final Right To Education Bill 2005 modified-14.11.2005.doc" (PDF). Retrieved 1 September 2010.
  9. ^
  10. ^ "Cabinet approves Right to Education Bill". The New Indian Express. 2 July 2009. Retrieved 2 July 2009.
  11. ^ "Rajya Sabha passes Right to Education bill". The News Indian Express. 20 July 2009.
  12. ^ "Parliament passes landmark Right to Education Bill". The Indian Express. 4 August 2009.
  13. ^ "The Right of Children to Free and Compulsory Education Act, 2009 notified". Press Information Bureau. 3 September 2009. Retrieved 1 April 2010.
  14. ^ (PDF). Archived from the original (PDF) on 12 February 2012. Retrieved 1 September 2010.
  15. ^ "Prime Minister's Address to the Nation on The Fundamental Right of Children to Elementary Education". Pib.nic.in. Retrieved 1 September 2010.
  16. ^ name=prayatna
  17. ^ a b "Centre, states to share RTE expenses in 68:32 ratio – The Economic Times". Economictimes.indiatimes.com. 30 July 2010. Retrieved 1 September 2010.
  18. ^ PTI (13 February 2010). . The Times of India. New Delhi. Archived from the original on 11 August 2011.
  19. ^ "Centre to pick up 70% of education law tab". Hindustan Times. 30 July 2010. Archived from the original on 3 September 2012. Retrieved 1 September 2010.
  20. ^ "Shri Kapil Sibal Addresses 58th Meeting of CABE; Proposes Extension of RTE up to Secondary Level Moots Bill to Control Malpractices in School Education". PIB. 7 June 2010. Retrieved 8 October 2010.
  21. ^ "NAC recommends pre-primary sections in govt schools". Economic Times. 3 August 2010. Retrieved 8 October 2010.
  22. ^ Akshaya Mukul, TNN, 26 Jun 2010, 04.08am IST (26 June 2010). . The Times of India. Archived from the original on 11 August 2011. Retrieved 1 September 2010.{{cite web}}: CS1 maint: multiple names: authors list (link)
  23. ^ "RTE Forum:Status Reports". Retrieved 2 April 2020.
  24. ^ "SC seeks action plan on execution of RTE in NE". igovernment. 25 August 2010. Retrieved 8 October 2010.
  25. ^ "SC opens door for equal pay to teachers in pvt, govt schools". Tribune. 12 August 2010. Retrieved 8 October 2010.
  26. ^ RTE Implementation http://iharnews.com/index.php/education/295-beeo-right-to-education-act-haryana
  27. ^ http://www.indg.in/primary-education/policiesandschemes/rte_ssa_final_report.pdf[bare URL PDF]
  28. ^ a b c . Ibnlive.in.com. 3 February 2010. Archived from the original on 7 August 2009. Retrieved 1 September 2010.
  29. ^ George, Sony (November 2001). "Common Demands on Education". India Together. Retrieved 1 April 2010.
  30. ^ a b c Infochange India. "India to notify right to education act". Southasia.oneworld.net. Retrieved 1 September 2010.
  31. ^ Aarti Dhar (28 July 2010). "News / National : U.K. doesn't intend to probe Sarva Shiksha Abhiyan for corruption". The Hindu. Retrieved 1 September 2010.
  32. ^ Surbhi Bhatia, 26 Jul 2010, 05.54am IST (26 July 2010). . The Times of India. Archived from the original on 11 August 2011. Retrieved 1 September 2010.{{cite web}}: CS1 maint: multiple names: authors list (link)
  33. ^ "Education in India: Teachers' salaries". Prayatna.typepad.com. Retrieved 1 September 2010.
  34. ^ S. H. Kapadia; Swatanter Kumar; K. S. Radhakrishnan. . Supreme Court of India. Archived from the original on 30 May 2012. Retrieved 2 August 2012.
  35. ^ PTI (22 March 2010). "The Hindu : News / National : Private schools challenge Right To Education Act in Supreme Court". Beta.thehindu.com. Retrieved 1 September 2010.
  36. ^ "Supreme Court uphold constitutional validity of RTE Act". Economic Times. 12 April 2012. Retrieved 12 April 2012.
  37. ^ "Supreme Court upholds constitutional validity of RTE Act". The Hindu. 12 April 2012. Retrieved 12 April 2012.
  38. ^ "Society for Un-aided Private Schools of Rajasthan v. Union of India (WP NO. 95 of 2010)". Supreme Court of India. Retrieved 13 April 2012.
  39. ^ "Supreme Court declines review of right to education verdict". The Times of India. 20 September 2012. Archived from the original on 3 January 2013. Retrieved 21 September 2012.
  40. ^ Maharishi Vidya Mandir Protest Site
  41. ^ . The Times of India. The Times of India. 25 April 2012. Archived from the original on 6 July 2013. Retrieved 25 April 2012.

February 21, 2023
right, children, free, compulsory, education, 2009, right, children, free, compulsory, education, right, education, parliament, india, enacted, august, 2009, which, describes, modalities, importance, free, compulsory, education, children, between, years, india. The Right of Children to Free and Compulsory Education Act or Right to Education Act RTE is an Act of the Parliament of India enacted on 4 August 2009 which describes the modalities of the importance of free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Indian Constitution 1 India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010 2 3 4 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 17 5 The Right of Children to Free and Compulsory Education Act 2009Parliament of IndiaLong title An Act to provide for free and compulsory education to all the children of the age of six to fourteen years CitationAct No 35 of 2009Enacted byParliament of IndiaAssented to26 August 2009Commenced1 April 2010Related legislation86th Amendment 2002 Status In force Contents 1 History 2 Passage 3 Highlights 4 Implementation and funding 5 Advisory Council on Implementation 6 Status of implementation 7 Precedents 8 Criticism 8 1 Public private partnership 8 2 Infringement on private schools 8 3 Barrier for orphans 9 ReferencesHistory EditPresent Act has its history in the drafting of the Indian constitution at the time of Independence 6 but is more specifically to the Constitutional Amendment of 2002 that included the Article 21A in the Indian constitution making Education a fundamental Right This amendment however specified the need for a legislation to describe the mode of implementation of the same which necessitated the drafting of a separate Education Bill It is the 86th amendment in the Indian Constitution A rough draft of the bill was prepared in year 2005 It caused considerable controversy due to its mandatory provision to provide 25 reservation for disadvantaged children in private schools The sub committee of the Central Advisory Board of Education which prepared the draft Bill held this provision as a significant prerequisite for creating a democratic and egalitarian society Indian Law commission had initially proposed 50 reservation for disadvantaged students in private schools 7 8 On 7 May 2014 The Supreme Court of India ruled that Right to Education Act is not applicable to Minority institutions 9 Passage EditThe bill was approved by the cabinet on 2 July 2009 10 Rajya Sabha passed the bill on 20 July 2009 11 and the Lok Sabha on 4 August 2009 12 It received Presidential assent and was notified as law on 26 August 2009 13 as The Children s Right to Free and Compulsory Education Act 14 The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010 the first time in the history of India a law was brought into force by a speech by the then Prime Minister Manmohan Singh In his speech Dr Singh stated We are committed to ensuring that all children irrespective of gender and social category have access to education An education that enables them to acquire the skills knowledge values and attitudes necessary to become responsible and active citizens of India It has now come into force in Jammu and Kashmir after its reorganisation into a Union Territory of India in 2019 15 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 Highlights EditThe RTE act requires surveys that will monitor all neighbourhoods identify children requiring education and set up facilities for providing it The World Bank education specialist for India Sam Carlson has observed The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment attendance and completion on the Government It is the parents responsibility to send the children to schools in the US and other countries 16 The Right to Education of persons with disabilities until 18 years of age is laid down under a separate legislation the Persons with Disabilities Act A number of other provisions regarding improvement of school infrastructure teacher student ratio and faculty are made in the Act Implementation and funding EditEducation in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue The Act lays down specific responsibilities for the centre state and local bodies for its implementation The states have been clamouring that they lack financial capacity to deliver education of appropriate standard in all the schools needed for universal education 17 Thus it is clear that the central government which collects most of the revenue will be required to subsidise the states A committee set up to study the funds requirement and funding initially estimated that Rs 1710 billion or 1 71 trillion US 38 2 billion across five years was required to implement the Act and in April 2010 the central government agreed to sharing the funding for implementing the law in the ratio of 65 to 35 between the centre and the states and a ratio of 90 to 10 for the north eastern states 18 However in mid 2010 this figure was upgraded to Rs 2310 billion and the center agreed to raise its share to 68 17 There is some confusion on this with other media reports stating that the centre s share of the implementation expenses would now be 70 19 At that rate most states may not need to increase their education budgets substantially A critical development in 2011 has been the decision taken in principle to extend the right to education till Class X age 16 20 and into the preschool age range 21 The CABE committee is in the process of looking into the implications of making these changes Advisory Council on Implementation EditThe Ministry of HRD set up a high level 14 member National Advisory Council NAC for implementation of the Act The members include Kiran Karnik former president of NASSCOM Krishna Kumar former director of the NCERT Mrinal Miri former vice chancellor of North East Hill University Yogendra Yadav social scientist India Sajit Krishnan Kutty Secretary of The Educators Assisting Children s Hopes TEACH India Annie Namala an activist and head of Centre for Social Equity and Inclusion Sheikh Abubakr Ahmad vice president of Muslim Education Society Kerala 22 Status of implementation EditA report on the status of implementation of the Act was released by the Ministry of Human Resource Development on the one year anniversary of the Act and again till 2015 The report admits that 1 7 million children in the age group 6 14 remain out of school and there s a shortage of 508 000 teachers country wide A shadow report by the RTE Forum representing the leading education networks in the country led by Ambarish Rai a prominent activist however challenging the findings pointing out that several key legal commitments are falling behind schedule 23 The Supreme Court of India has also intervened to demand implementation of the Act in the Northeast 24 It has also provided the legal basis for ensuring pay parity between teachers in government and government aided schools 25 Haryana Government has assigned the duties and responsibilities to Block Elementary Education Officers cum Block Resource Coordinators BEEOs cum BRCs for effective implementation and continuous monitoring of implementation of Right to Education Act in the State 26 Precedents EditIt has been pointed out that the RTE act is not new Universal adult franchise in the act was opposed since most of the population was illiterate Article 45 in the Constitution of India was set up as an act The state shall endeavour to provide within a period of ten years from commencement of this Constitution for free and compulsory education for all children until they complete the age of fourteen years As that deadline was about to be passed many decades ago the education minister at the time M C Chagla memorably said Our Constitution fathers did not intend that we just set up hovels put students there give untrained teachers give them bad textbooks no playgrounds and say we have complied with Article 45 and primary education is expanding They meant that real education should be given to our children between the ages of 6 and 14 M C Chagla 1964 27 In the 1990s the World Bank funded a number of measures to set up schools within easy reach of rural communities This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s RTE takes the process further and makes the enrolment of children in schools a state prerogative Criticism EditThe act has been criticised for being hastily drafted 28 not consulting many groups active in education not considering the quality of education infringing on the rights of private and religious minority schools to administer their system and for excluding children under six years of age 29 Many of the ideas are seen as continuing the policies of Sarva Shiksha Abhiyan of the 2000s and the World Bank funded District Primary Education Programme DPEP of the 90s both of which while having set up a number of schools in rural areas have been criticised for being ineffective 30 and corruption ridden 31 The quality of education provided by the government school system is not good 32 While it remains the largest provider of elementary education in the country forming 80 of all recognised schools it suffers from shortage of teachers and infrastructural gaps Several habitations lack schools altogether There are also frequent allegations of government schools being riddled with absenteeism and mismanagement and of appointments made on political convenience Despite the allure of free lunch in the government schools many parents send their children to private schools Average schoolteacher salaries in private rural schools in some States about Rs 4 000 per month are considerably lower than those in government schools 33 As a result the proponents of low cost private schools critique the government schools as being poor value for money Children attending the private schools are seen to be at an advantage forming a discrimination against the weakest sections who are forced to go to government schools Furthermore the system has been criticised as catering to the rural elites who are able to afford school fees in a country where a large number of families live in absolute poverty The act has been criticised as discriminatory for not addressing these issues Well known educationist Anil Sadgopal said of the hurriedly drafted act It is a fraud on our children It gives neither free education nor compulsory education In fact it only legitimises the present multi layered inferior quality school education system where discrimination shall continue to prevail 28 Entrepreneur Gurcharan Das noted that 54 of urban children attend private schools and this rate is growing at 3 per year Even the poor children are abandoning the government schools They are leaving because the teachers are not showing up 28 However other researchers have countered the argument by saying that the evidence for higher standard of quality in private schools often disappears when other factors like family income and parental literacy are accounted for Public private partnership Edit To address these quality issues the Act has provisions for compensating private schools for admission of children under the 25 quota which has been compared to school vouchers whereby parents may send their children in any school private or public This measure along with the increase in PPP Public Private Partnership has been viewed by some organisations such as the All India Forum for Right to Education AIF RTE as the state abdicating its constitutional obligation towards providing elementary education 30 Infringement on private schools Edit The Society for Un aided Private Schools Rajasthan in Writ Petition Civil No 95 of 2010 and as many as 31 others 34 petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference 35 The parties claimed that providing 25 percent reservation for disadvantaged children in government and private unaided schools is unconstitutional Forcing unaided schools to admit 25 disadvantaged students has also been criticized on the grounds that the government has partly transferred its constitutional obligation to provide free and compulsory elementary education to children on non state actors like private schools but collected a 2 of the total tax payable for primary education 30 On 12 April 2012 a three judge bench of the Supreme Court delivered its 2 1 judgement Chief Justice SH Kapadia and Justice Swatanter Kumar held that providing the reservation is not unconstitutional but stated that the Act will not be applicable to private minority schools and boarding schools However Justice K S Panicker Radhakrishnan dissented with the majority view and held that the Act cannot apply to minority and non minority private schools that do not receive aid from the government 36 37 38 In September 2012 the Supreme Court declined a review petition on the Act 39 In May 2016 the Chetpet based CBSE school Maharishi Vidya Mandir became embroiled in a scandal over its circumvention of the 25 quota rule 40 During its admissions cycle the school told economically weaker parents the RTE does not exist and we do not take these government RTE applications The senior principal also informed the Tamil Nadu Regional Director of the CBSE that he intended to reject applicants without an email address and so excluded technically illiterate parents from seeking admissions In addition school officials falsified the distance figures of several poorer candidates to attempt to disqualify them from availing of the scheme Barrier for orphans Edit The Act provides for admission of children without any certification However several states have continued pre existing procedures insisting that children produce income and caste certificates BPL cards and birth certificates Orphan children are often unable to produce such documents even though they are willing to do so As a result schools are not admitting them as they require the documents as a condition to admission 41 References Edit Provisions of the Constitution of India having a bearing on Education Department of Higher Education Archived from the original on 1 February 2010 Retrieved 1 April 2010 Aarti Dhar 1 April 2010 Education is a fundamental right now The Hindu India launches children s right to education BBC News 1 April 2010 India joins list of 135 countries in making education a right The Hindu News 2 April 2010 Right to Education LawJi in one stop destination for all law students Retrieved 26 September 2018 Selva G 22 March 2009 Universal Education in India A Century Of Unfulfilled Dreams PRAGOTI Retrieved 1 April 2010 Seethalakshmi S 14 July 2006 Centre buries Right to Education Bill India The Times of India Archived from the original on 3 November 2012 Retrieved 1 April 2010 Microsoft Word Final Right To Education Bill 2005 modified 14 11 2005 doc PDF Retrieved 1 September 2010 Minority institutions are exempted from Right to Education Act Cabinet approves Right to Education Bill The New Indian Express 2 July 2009 Retrieved 2 July 2009 Rajya Sabha passes Right to Education bill The News Indian Express 20 July 2009 Parliament passes landmark Right to Education Bill The Indian Express 4 August 2009 The Right of Children to Free and Compulsory Education Act 2009 notified Press Information Bureau 3 September 2009 Retrieved 1 April 2010 Right to Education Bill 2009 PDF Archived from the original PDF on 12 February 2012 Retrieved 1 September 2010 Prime Minister s Address to the Nation on The Fundamental Right of Children to Elementary Education Pib nic in Retrieved 1 September 2010 name prayatna a b Centre states to share RTE expenses in 68 32 ratio The Economic Times Economictimes indiatimes com 30 July 2010 Retrieved 1 September 2010 PTI 13 February 2010 Right To Education Act to be implemented from April The Times of India New Delhi Archived from the original on 11 August 2011 Centre to pick up 70 of education law tab Hindustan Times 30 July 2010 Archived from the original on 3 September 2012 Retrieved 1 September 2010 Shri Kapil Sibal Addresses 58th Meeting of CABE Proposes Extension of RTE up to Secondary Level Moots Bill to Control Malpractices in School Education PIB 7 June 2010 Retrieved 8 October 2010 NAC recommends pre primary sections in govt schools Economic Times 3 August 2010 Retrieved 8 October 2010 Akshaya Mukul TNN 26 Jun 2010 04 08am IST 26 June 2010 HRD panel to oversee RTE rollout India The Times of India Archived from the original on 11 August 2011 Retrieved 1 September 2010 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link RTE Forum Status Reports Retrieved 2 April 2020 SC seeks action plan on execution of RTE in NE igovernment 25 August 2010 Retrieved 8 October 2010 SC opens door for equal pay to teachers in pvt govt schools Tribune 12 August 2010 Retrieved 8 October 2010 RTE Implementation http iharnews com index php education 295 beeo right to education act haryana http www indg in primary education policiesandschemes rte ssa final report pdf bare URL PDF a b c FTN Privatisation no cure for India s education ills India News IBNLive Ibnlive in com 3 February 2010 Archived from the original on 7 August 2009 Retrieved 1 September 2010 George Sony November 2001 Common Demands on Education India Together Retrieved 1 April 2010 a b c Infochange India India to notify right to education act Southasia oneworld net Retrieved 1 September 2010 Aarti Dhar 28 July 2010 News National U K doesn t intend to probe Sarva Shiksha Abhiyan for corruption The Hindu Retrieved 1 September 2010 Surbhi Bhatia 26 Jul 2010 05 54am IST 26 July 2010 Quality in education It s my legal right Education Home The Times of India Archived from the original on 11 August 2011 Retrieved 1 September 2010 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Education in India Teachers salaries Prayatna typepad com Retrieved 1 September 2010 S H Kapadia Swatanter Kumar K S Radhakrishnan Right to Edu Act Supreme Court judgement Supreme Court of India Archived from the original on 30 May 2012 Retrieved 2 August 2012 PTI 22 March 2010 The Hindu News National Private schools challenge Right To Education Act in Supreme Court Beta thehindu com Retrieved 1 September 2010 Supreme Court uphold constitutional validity of RTE Act Economic Times 12 April 2012 Retrieved 12 April 2012 Supreme Court upholds constitutional validity of RTE Act The Hindu 12 April 2012 Retrieved 12 April 2012 Society for Un aided Private Schools of Rajasthan v Union of India WP NO 95 of 2010 Supreme Court of India Retrieved 13 April 2012 Supreme Court declines review of right to education verdict The Times of India 20 September 2012 Archived from the original on 3 January 2013 Retrieved 21 September 2012 Maharishi Vidya Mandir Protest Site Strict rules bar orphans from RTE benefits The Times of India The Times of India 25 April 2012 Archived from the original on 6 July 2013 Retrieved 25 April 2012 Retrieved from https en wikipedia org w index php title Right of Children to Free and Compulsory Education Act 2009 amp oldid 1129987258, wikipedia, wiki, book, books, library,

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