Right to Education Act

Right to Education Act: The Right to Education (RTE) is an important part of Indian law. It marks a milestone in the country’s history. It transforms the right to education into a fundamental right for all in India. RTE ensures that every child has the opportunity to receive a quality education. It focuses on the importance of accessible and inclusive learning. This legal provision plays a role in promoting education as a fundamental right for everyone. The right empowers children across the nation by providing them with equal educational opportunities.

In this article, we’ll learn more about the Right to Education, RTE (Right to Education) Act, Provisions of RTE Act, Significance, Criticism, etc.

Right to Education Act (RTE) India

This Act has been named “The Right of Children to Free and compulsory education”. The parliament adopted the Right to Education in August 2009. Education has become a constitutional right of every child after the enactment of the Right to Education Act in 2010. India became one of the 135 countries to pass.

The 86th Constitutional Amendment (2002) inserted Article 21A into the Indian Constitution that states:

• The state ensures that all children between six and fourteen years enjoy their right to receive elementary education for free.
• Therefore, ‘the right to education’ became one of the fundamental rights from the list of guiding principles of state policy.
• Thus, the RTE is the ensuing legislation anticipated under the 86th Amendment.
• This article has included the word “free”. No fee or charge shall be levied on any child (other than those whose parent opts to admit them in a private, non-governmental funded school) towards the expenses that may restrict or affect him from completing his elementary studies.
• By this regulation, the government must ensure that all children from 6-14 years of age get proper education. They must be admitted to primary school and complete basic education.
• In other words, the law ensures that every child from poor backgrounds has a right to free primary learning.

Right to Education Act Date

The Indian Parliament passed The Right to Education Act (RTE) on August 04, 2009. It entails that each child has a right to get free and compulsory education. Right to Education Act 2009 (RTE), commonly referred to as the Right of Children to Free and Compulsory Education Act, 2009. This act stipulates that children from six to fourteen years are entitled to free education. This law has made India to be counted among the 135 nations in the world, which regard the right to education as one of the fundamental rights.

Provisions of Right to Education Act

A brief description of provisions of the Right to Education Act follows Act provides for:

• Children shall have the liberty to obtain free and basic education in a neighbouring school up until completion of primary education.
• The Act clarifies that ’compulsory education’ means the government must provide for admission, attendance and finishing of primary education to kids 6-14 years old. The word “free” shows that the child will not pay for the education services. It reduces the chances of this child acquiring education up to college level.
• The Act allows a non-admitted child to join other children in their appropriate age group.
• The article outlines the responsibilities of governments, local authorities and parents towards a child’s education.
• It also outlines the financial responsibility that is shared among the centre and the state government.
• It sets standards regarding pupil-teacher ratios (PTR), infrastructure and built environments, and the number of working days for the school and teachers, among other essential issues.
• It also states that the posting of teachers should not create any rural-urban imbalance as well. It also makes it illegal to appoint a teacher from another field. The teachers must be from censuses, elections, and disaster mitigation duties and activities.
• According to the Act, teachers should have requisite professional training and qualifications.

Prohibitions of Right to Education Act:

• Mental harassment and physical punishment.
• Procedures for screening during admissions of children.
• Capitation fees.
• Private tuition by the teachers.
• Running schools with no recognition.

The Act provides for a consistent curriculum with the values contained in the Constitution of India and an individualistic approach towards the upbringing of an integrated child. The child’s knowledge should form the base of the curriculum. They should also take advantage of the child’s potentiality and talent in making the child free of trauma, fear and anxiety based on the child-centric and child-friendly learning system.

Significance of Right to Education Act

Passing the Right to Education Act has shifted India from an input approach to a right-based approach in implementing education for all. Article 21A under the constitution obliges the state and central governments to respect the fundamental rights of any child (this act).

• The Right to Education Act (RTE) in India shifted to a right-based approach, making education a fundamental right.
• Article 21A mandates governments to uphold fundamental rights for every child. The Act sets standards for student–teacher ratios to ensure quality education.
• It mandates separate facilities for girls and boys, minimum classroom standards, water, sanitation, and hygiene.
• Focus on equalising rural-urban teacher distribution addresses disparities in quality and quantity. Zero-tolerance under the act addresses child harassment and discrimination, prohibiting pre-admission screenings based on caste, religion, or gender.
• No child should be detained before class eight; the Continuous Comprehensive Evaluation system ensures learning outcomes based on grades.
• Establishment of School Management Committees empowers participation in educational decisions, overseeing school operations.
• Grievance Redressal Mechanism allows action if Act provisions are not honored. Over 25% of private school seats are reserved for economically weaker sections, promoting social integration.
• Section 12(1)(c) mandates 25% admission reservation in all schools for economically disadvantaged students.
• The central government compensates schools for any tax-related losses. Enrollment in upper primary levels increased by 19.4% between 2009 and 2016. UNICEF 2016 report shows a low 3.3% out-of-school rate for children aged six to fourteen in rural areas.

Criticism of Right to Education Act

Some of these comments have said that despite being a right move towards realising free and primary education in India, the RTE Act has not been without its share of criticism. Some of the criticisms are given below:

• The rushed creation of the Right to Education (RTE) Act neglected considerations for the quality of education. Children under six years old are not covered by the Act, leaving a gap in early childhood education.
• Numerous schemes within the Act, resembling other education programs like Sarva Shiksha Abhiyan, face allegations of corruption and inefficient use of public resources.
• During admissions, producing birth and Below Poverty Line (BPL) certificates is mandatory, potentially excluding orphans from benefiting.
• The implementation of 25% reservation for economically weaker sections (EWS) and Other Backward Classes (OBC) seats in private schools presents challenges, including potential discrimination and socio-cultural adjustments.
• The 2019 amendment introduced regular annual examinations in classes five and eight, modifying the ‘no detention’ policy until class eight.
• If a student fails the annual exam, additional training and re-examination are provided; retention in the same class may occur upon re-examination failure.
• Opposition to the amendment comes from six states with lower academic performance, arguing against deviating from the Continuous and Comprehensive Evaluation (CCE) system.
• Challenges in transitioning from the traditional system to CCE are observed, often due to inadequate teacher preparation and orientation. Critics argue that the Act shifts responsibility onto private schools rather than elevating the quality of the public education system.

Right to Education Act UPSC

RTE has considerable importance to the UPSC Prelims as well as UPSC Mains (GS paper-II). This article is about various aspects of RTE including the provisions that are incorporated in this act. A question is given below which was asked in UPSC Prelims Examination 2018 Prelims Part A:

Q. Consider the following statements:

1. As per the Right to Eduvation (RTE) Act, to be eligible for appointment as a teacher in a state, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.
2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
3. In India, more than 90% of teacher education institutions are directly under the State Governments.

Which of the statements given above is/are correct?

A. 1 & 2

B. 2 Only

C. 1 & 3

D. 3 Only

Correct Answer: B (2 only)

FAQs on Right to Education Act

1. What is the Right to Education Act 2009?

The Right to Education Act 2009 is a legislation enacted by the Indian government to ensure free and compulsory education for children aged 6 to 14 years, aiming to bridge educational inequalities.

2. Is the Right to Education a Fundamental Right or Duty?

The Right to Education is considered a fundamental right under Article 21A of the Indian Constitution, emphasising the right to free and compulsory education for children.

3. What are the Objectives of the Right to Education Act 2009?

The objectives of the Right to Education Act 2009 include providing free and compulsory education, ensuring equal opportunities, preventing discrimination, and promoting inclusive education for all children.

4. What is Section 28 of the Right to Education Act?

Section 28 of the Right to Education Act addresses the prohibition of the physical punishment and mental harassment of students, promoting a safe and conducive learning environment.

5. What is Right to Education Section 17?

Section 17 of the Right to Education Act pertains to the prohibition of screening procedures for admission in schools, emphasising the inclusive nature of education without discriminatory practices.