Right to Education Act

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 Right to Education (RTE) Act, 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 reservation 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.
History

Article 21A of the Constitution - Constitution (Eighty - Sixth Amendment) Act, 2002.
December 2002
86th Amendment Act (2002) via Article 21A (Part III) seeks to make free and compulsory
education a Fundamental Right for all children in the age group 6-14 years.
October 2003
A first draft of the legislation envisaged in the above Article, viz., Free and Compulsory
Education for Children Bill, 2003, was prepared and posted on this website in October, 2003,
inviting comments and suggestions from the public at large.
2004
Subsequently, taking into account the suggestions received on this draft, a revised draft of the
Bill entitled Free and Compulsory Education Bill, 2004
June 2005
The CABE (Central Advisory Board of Education) committee drafted the ‘Right to
Education’ Bill and submitted to the Ministry of HRD. MHRD sent it to NAC where Mrs.
Sonia Gandhi is the Chairperson. NAC sent the Bill to PM for his observation.
14th July 2006
The finance committee and planning commission rejected the Bill citing the lack of funds and
a Model bill was sent to states for making the necessary arrangements. (Post-86th
amendment, States had already cited lack of funds at State level)
2009
Right of Children to Free and Compulsory Education Bill, 2008, passed in both Houses of
Parliament in 2009. The law received President's assent in August 2009.
1 April 2010
Article 21-A and the RTE Act come into effect

FAQ

Why is the act significant and what does it mean for India?
The passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009
marks a historic moment for the children of India.
This Act serves as a building block to ensure that every child has his or her right (as an
entitlement) to get a quality elementary education, and that the State, with the help of families
and communities, fulfils this obligation.
Few countries in the world have such a national provision to ensure both free and child-
centred, child-friendly education.
What is ‘Free and Compulsory Elementary Education’?
All children between the ages of 6 and 14 shall have the right to free and compulsory
elementary education at a neighbourhood school.
There is no direct (school fees) or indirect cost (uniforms, textbooks, mid-day meals,
transportation) to be borne by the child or the parents to obtain elementary education. The
government will provide schooling free-of-cost until a child’s elementary education is
completed.
What is the role envisaged for the community and parents to ensure RTE?
The Right of Children to Free and Compulsory Education (RTE) Act 2009 insists upon
schools to constitute School Management Committees (SMCs) comprising local authority
officials, parents, guardians and teachers. The SMCs shall form School Development Plans
and monitor the utilization of government grants and the whole school environment.
RTE also mandates the inclusion of 50 per cent women and parents of children from
disadvantaged groups in SMCs. Such community participation will be crucial to ensuring a
child friendly “whole school” environment through separate toilet facilities for girls and boys
and adequate attention to health, water, sanitation and hygiene issues.
How does RTE promote Child-Friendly Schools?
All schools must comply with infrastructure and teacher norms for an effective learning
environment. Two trained teachers will be provided for every sixty students at the primary
level.
Teachers are required to attend school regularly and punctually, complete curriculum
instruction, assess learning abilities and hold regular parent-teacher meetings. The number of
teachers shall be based on the number of students rather than by grade.
The state shall ensure adequate support to teachers leading to improved learning outcomes of
children. The community and civil society will have an important role to play in collaboration
with the SMCs to ensure school quality with equity. The state will provide the policy
framework and create an enabling environment to ensure RTE becomes a reality for every
child.
How will RTE be financed and implemented in India?
Central and state governments shall share financial responsibility for RTE. The central
government shall prepare estimates of expenditures. State governments will be provided a
percentage of these costs.
What are the key issues for achieving RTE?
RTE provides a ripe platform to reach the unreached, with 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 such other factor.” RTE focuses on the quality of teaching and learning,
which requires accelerated efforts and substantial reforms:

1. Creative and sustained initiatives are crucial to train more than one million new and
untrained teachers within the next five years and to reinforce the skills of in-service
teachers to ensure child-friendly education.
2. Families and communities also have a large role to play to ensure child-friendly
education for each and every one of the estimated 190 million girls and boys in India
who should be in elementary school today.
3. Disparities must be eliminated to assure quality with equity. Investing in preschool is
a key strategy in meeting goals.
4. Bringing eight million out-of-school children into classes at the age appropriate level
with the support to stay in school and succeed poses a major challenge necessitating
flexible, innovative approaches.

What is the mechanism available if RTE is violated?

The National Commission for the Protection of Child Rights shall review the safeguards for
rights provided under this Act, investigate complaints and have the powers of a civil court in
trying cases.
States should constitute a State Commission for the Protection of Child Rights (SCPCR) or
the Right to Education Protection Authority (REPA) within six months of 1 April, 2010. Any
person wishing to file a grievance must submit a written complaint to the local authority..
Appeals will be decided by the SCPCR/REPA. Prosecution of offences requires the sanction
of an officer authorised by the appropriate government.
Right to Education Bill

In 2002, education was made a fundamental right in the 86th amendment to the Constitution.
Six years after an amendment was made in the Indian Constitution, the union cabinet cleared
the Right to Education Bill. Key provisions of the Bill include: 25% reservation in private
schools for disadvantaged children from the neighbourhood, at the entry level. The
government will reimburse expenditure incurred by schools; no donation or capitation fee on
admission; and no interviewing the child or parents as part of the screening process. The Bill
also prohibits physical punishment, expulsion or detention of a child and deployment of
teachers for non-educational purposes other than census or election duty and disaster relief.
Running a school without recognition will attract penal action.
The Right to Education Bill is the enabling legislation to notify the 86th constitutional
amendment that gives every child between the age of six and 14 the right to free and
compulsory education.

25% quota for poor

The Supreme Court upheld the constitutional validity of Right of Children to Free and
Compulsory Education Act, 2009, on April 12, 2012 and directed every school, including
privately-run ones, to give immediately free education to students from socially and
economically backward classes from class-I till they reach the age of 14 years.
The court threw out the challenge by private unaided schools to Section 12(1)(c) of the Act
that says every recognized school imparting elementary education, even if it is an unaided
school not receiving any kind of aid or grant to meet its expenses, is obliged to admit
disadvantaged boys and girls from their neighbourhood.

A Roadmap to Ensure Right To Education

The National Commission for Protection of Child Rights (NCPCR) has been designated as
the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act.

School Admissions According to RTE Norms

A series of measures have been taken by the NCPCR to ensure that school admission
procedures all over the country are in accordance with the Right of Children to Free and
Compulsory Education (RTE) Act, 2009. This was necessitated by the fact that schools in
some states were carrying out a screening procedure for admission of children in the
elementary stage of education prohibited by the Act.In April, the NCPCR wrote to the chief
secretaries of all the states asking them to issue Government Orders to ensure that school
admission procedures were in accordance with the RTE Act. This was prompted by the
Directorate of Education, Government of National Capital Territory of Delhi (GNCTD),
issuing a notice in March inviting applications for admission to Class VI in the Rajkiya
Pratibha Vikas Vidyalayas run by the Directorate.
The NCPCR’s intervention in April came in response to an admission notice that had been
issued by the GNCTD’s Directorate of Education in all leading newspapers as well as in the
Directorate’s website, inviting students to purchase application forms costing Rs 25 each and
thereafter sit for an entrance exam. Since the RTE Act prohibits any kind of screening
procedure and permits admissions into any school through random selection only, the notice
was clearly in contravention of the Act.
As the nodal body monitoring the implementation of the RTE Act, the Commission wrote to
the Principal Secretary, Education, GNCTD, asking the admission notice be withdrawn and a
notice in Conformity with the provisions of the RTE be issued instead. It also requested that
Government Orders (GO) be issued to all schools in the GNCTD within a week regarding the
provisions of the Act so that the schools made the required changes in their procedures and
modes of functioning.
As the Directorate did not comply with this request, it was summoned by the Commission in
June and given time till July to re-conduct the admission in accordance with RTE procedures.
To ensure that the RTE Act was not similarly contravened in other states, the NCPCR has in
its letter to the chief secretaries said that the GO they issue to schools on the matter must
specify that:

1. Admission procedures be made in accordance with the RTE Act

2. 25 per cent reservation is ensured for weaker sections in all ‘specified category’
schools and private unaided schools, and reservation norms for government aided
schools are to be followed

Further, private schools recognized by the government must also be mapped out and issued
notice regarding provisions in the Act as well as the procedures by which children in the
neighbourhood could claim admission to the schools. Also, the task of finalizing State Rules
on the RTE Act must be completed at the earliest.
In response to queries regarding Navodaya Schools which have been designated as ‘specified
category’ schools in the RTE Act, the NCPCR clarified that the provisions of Section 13 of
RTE Act applied to all schools without exception.

The relevant provision of Section 13 of the Act is:

No school or person shall, while admitting a child, collect any capitation fee and subject the
child or his or her parents or guardians to any screening procedure. Any school or person, if
in contravention of the provisions of sub-section (1):

1. Receives capitation fee, shall be punishable with fine which may extend to ten times
the capitation fee charged
2. Subjects a child to screening procedure shall be punishable with fine which may
extend to Rs 25,000 for the first contravention and Rs 50,000 for each subsequent
contravention.

No Screening for Admission to Navodaya Schools

The National Commission for Protection of Child Rights (NCPCR) has written to the
commissioner, Navodaya Schools, as well as the state education secretaries against any kind
of screening for admission of children to elementary education (Classes 1 to eight). The
NCPCR intervened to check violation of RTE provisions after it got reports of Navodaya
schools screening students in Delhi and other states.
Quoting Section 13 of the RTE Act 2009, the NCPCR has pointed out that while admitting a
child to school, the Act prohibits schools or persons from collecting capitation fees or
subjecting the child or the parents and guardians to any screening procedure. Any school or
person receiving capitation fees, it has pointed out, could be punished with a fine which could
be ten times the capitation fee charged.
Subjecting a child to screening could lead to a fine of Rs 25,000 for the first contravention
and Rs 50,000 for each subsequent contravention. Section 13 applies to all schools even the
Navodaya schools which have been designated special category schools in the RTE Act.
Screening procedures being conducted by Navodaya Schools are a violation of the RTE Act,
it clarified. NCPCR has also requested state governments to issue orders to all schools
regarding the provisions of the Act so that the required changes in their procedures and
modes of functioning are made within a week.

Eligibility for Teachers

The following persons shall be eligible for appearing in the TET:

1. A person who has acquired the academic and professional qualifications specified in
the NCTE Notification dated 23rd August 2010.
2. A person who is pursuing any of the teacher education courses (recognized by the
NCTE or the RCI, as the case may be) specified in the NCTE Notification dated 23rd
August 2010.
3. The eligibility condition for appearing in TET may be relaxed in respect of a State/UT
which has been granted relaxation under sub-section (2) of section 23 of the RTE Act.
The relaxation will be specified in the Notification issued by the Central Government
under that sub-section.

Each child to get free uniform, books under RTE

Each child from class I to class VIII in the country will be provided free textbooks and
uniforms, if a raodmap prepared by the Centre to implement the Right To Education Act
(RTE) is accepted by the states.
The roadmap to implement the Right of Children to Free and Compulsory Education Act was
discussed at a meeting of state Education Secretaries recently.
According to the minutes of the meeting:

1. Nearly 7.8 lakh additional classrooms and seven lakh girls' toilets will have to be
created to implement the new law which has come into force from April 1. The
government will spend Rs 1.71 lakh crore in the next five years for implementing the
Act.
2. Each child will be provided uniforms at Rs 400 per annum. Many states are already
providing uniforms from their own budget. "But the uniforms will have to be
provided by the state governments. They need to agree to this provision and
incorporate it in their rules," a HRD Ministry official said.
3. Every child will be provided free textbooks while a child with special need will get Rs
3,000 per annum for inclusive education. Similarly, Rs 10,000 will be given for
home-based education for severely disabled children.
 4. There will be a requirement of additional 5.1 lakh teachers to meet the pupils-teacher
ration of 30 for one as per the RTE Act. In UP, there is a requirement for 1.5 lakh
teachers, followed by Bihar and Gujarat (0.5 to one lakh each), according to the
minutes of the meeting.
5. The Rs 1.71 lakh crore will be spent on provision of access, infrastructure, training of
untrained teachers and for intervention for out-of school children. The teachers' salary
and civil work will have maximum financial requirements of 28 per cent and 24 per
cent respectively.
6. Nearly 17 per cent of the total estimate will be spent on child entitlement, while nine
per cent will go to special training for out-of-school children. School facilities will
require eight per cent of this money and inclusive education will need six per cent.
7. The 7.6 lakh untrained teachers will be provided training in next five years. Maximum
number of untrained teachers are in Bihar, Jharkhand and the northeastern states.
8. The RTE stipulates barrier-free education for children with special needs and one
classroom per teacher. About 7.8 lakh additional classrooms will be required.
Majority of these classrooms will be Uttar Pradesh and Bihar (2.5 lakh each) followed
by West Bengal (1.3 lakh) and Assam (30,000).
9. There are nearly 27,000 'kuchcha' school buildings which will have to be upgraded.
Nearly seven lakh toilets for girls will be required, including 90,000 in Bihar, 63,000
in Madhya Pradesh and 54,000 in Orissa. About 3.4 lakh schools will require drinking
water facility.

What is Right to Education?

Right to Education Act (RTE) provided free and compulsory education to children in 2009
and enforced it as a fundamental right under Article 21-A.

Why Right to Education?

The Right to Education serves as a building block to ensure that every child has his or her
right to get a quality elementary education.

Constitutional Background

 Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a

provision for state funded as well as equitable and accessible education.
 The first official document on the Right to Education was Ramamurti Committee
Report in 1990.
 The 86th amendment to the constitution of India in 2002, provided Right to
Education as a fundamental right in part-III of the Constitution.
 The same amendment inserted Article 21A which made Right to Education a
fundamental right for children between 6-14 years.
 The 86th amendment provided for a follow-up legislation for Right to Education Bill
2008 and finally Right to Education Act 2009.
Feature of Right to Education (RTE) Act, 2009

 The RTE Act aims to provide primary education to all children aged 6 to 14 years.
 It enforces Education as a Fundamental Right (Article 21).
 The act mandates 25% reservation for disadvantaged sections of the society where
disadvantaged groups include:

o SCs and STs

o Socially Backward Class
o Differently abled
 It also makes provisions for a non-admitted child to be admitted to an age appropriate
class.
 It also states that sharing of financial and other responsibilities between the Central and
State Governments.
 It lays down the norms and standards related to:

o Pupil Teacher Ratios (PTRs)

o Buildings and infrastructure
o School-working days
o Teacher-working hours.
 It had a clause for “No Detention Policy” which has been removed under The Right
of Children to Free and Compulsory Education (Amendment) Act, 2019.
 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 the appointment of teachers with the requisite entry and academic
qualifications.
 It prohibits:

o Physical punishment and mental harassment

o Screening procedures for admission of children
o Capitation fee
o Private tuition by teachers
 o Running of schools without recognition
 It focuses on making the child free of fear, trauma and anxiety through a system of
child friendly and child centred learning.
Achievements of Right to Education Act,2009

 The RTE Act has successfully managed to increase enrolment in the upper primary
level (Class 6-8).
 Stricter infrastructure norms resulted in improved school infrastructure, especially in
rural areas.
 More than 3.3 million students secured admission under 25% quota norm under RTE.
 It made education inclusive and accessible nationwide.
 Removal of “no detention policy” has brought accountability in the elementary
education system.
 The Government has also launched an integrated scheme, for school education named
as Samagra Shiksha Abhiyan, which subsumes the three schemes of school
education:

o Sarva Shiksha Abhiyan (SSA)

o Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
o Centrally Sponsored Scheme on Teacher Education (CSSTE).
Limitation of Right to Education Act, 2009

 Age group for which Right to Education is available ranges from 6 – 14 years of age
only, which can be made more inclusive and encompassing by expanding it to 0 – 18
years.
 There is no focus on quality of learning, as shown by multiple ASER reports, thus
RTE Act appears to be mostly input oriented.
 Five States namely Goa, Manipur, Mizoram, Sikkim and Telangana have not even
issued notification regarding 25% seats for underprivileged children of society under
the RTE.
 More focus is being given over statistics of RTE rather than quality of learning.
 Lack of teachers affect pupil-teacher ratio mandated by RTE which in turn affects the
quality of teaching .

Steps to Be Taken

 Minority Religious Schools need to be brought under the RTE.

 More focus on teacher training programs.
 Quality of education needs to be emphasized over quantity of education.
 Steps should be taken to make the teaching profession attractive.
 Society as a whole needs to be supportive of education for children without biases.

Way Forward

It has been ten years since the implementation of RTE Act, but it can be seen that it still has a
long way to go to be called successful in its purpose. Creation of a conducive atmosphere and
supply of resources would pave the way for a better future for individuals as well as the
nation as a whole.

No detention Policy

The no-detention policy was introduced as a part of the Continuous and Comprehensive
Evaluation (CCE) under the Right to Education Act (RTE) in 2010.

Under this policy, students up to Class 8 are automatically promoted to the next class without
being held back even if they do not get a passing grade.

The policy was to ensure that no child admitted in a school shall be held back in any class or
expelled from school until the completion of elementary education.

But, recently it has been removed by RTE Amendment Act, 2019.

The Right of Children to Free & Compulsory Education (Amendment) Bill, 2019 was
passed by the Parliament on January 3rd 2019 and received the assent of the President of
India on January 10th 2019

 The Bill, which was passed by the Lok Sabha in July 2018, seeks to amend the Right
to Education Act, 2009 to abolish the no-detention policy in schools.
Provisions of the Bill

 The Bill amends the Right of Children to Free and Compulsory Education Act,

2009 and provides that:
 There shall be a regular examination in the fifth class and in the eighth class at the
end of every academic year.
 If a child fails in the examination he shall be given an opportunity for re-
examination within a period of two months from the date of declaration of the result.
 The State Government may allow schools to hold back a child in the fifth class or in
the eighth class or in both classes if he fails in the re-examination.
 The State Government may also decide not to hold back a child in any class until
the completion of elementary education.
 No child shall be expelled from a school till the completion of elementary Education.