Right of Children to Free and Compulsory Education Act, 2009

Right of Children to Free and Compulsory Education Act (RTE) 2009: A Compulsory Act for Education: In 2009, the Right of Children to Free and Compulsory Education Act (RTE) was enacted to provide free and compulsory education to children; it became a fundamental right under Article 21-A. This act ensures that every child has his or her right to a quality elementary education. Emphasis on skill building and higher education remains one of the most important areas for India’s RTE. To enforce Article 21A, the Right of Children to Free and Compulsory Education Act, popularly known as the Right to Education Act (RTE), was enacted in 2009.

Read below this article to learn about the Right to Education Act (RTE) 2009 in depth. Find out its salient features, significance, achievements, limitations, and amendments made to this act.

Right of Children to Free and Compulsory Education Act, 2009

Right of Children to Free and Compulsory Education Act (RTE) 2009

The Supreme Court, in the 1993 case of Unnikrishnan vs. State of Andhra Pradesh, ruled that the citizens of this country have a fundamental right to education, which is a part of Article 21. It also noted that the right to education was not an absolute right and ruled that every citizen of India should have the right to free education until 14 years of age.

• Changes enacted as per the Constitution (Eighty-sixth Amendment) Act, 2002 are as follows:

Part	Amendment	Provision
Fundamental Rights	New article 21A was inserted	Right to education: The State shall provide free & compulsory education to all children aged 6-14 years in a manner as the State may by law determine.
Directive Principles of State Policy	Substitution of new article for article 45	The State shall endeavour to provide early childhood care & education for all children until they complete the age of six years.
Fundamental Duties	Addition to article 51A	‘who is a parent or guardian to provide opportunities for education to his child or ward between the ages 6 & 14 years.’

• The Right of Children to Free and Compulsory Education Act, or Right to Education Act (RTE), was enacted in 2009 in order to enforce Article 21A.

Features of the Right to Free and Compulsory Education Act (RTE) 2009

Several features of the Right to Education (RTE) Act 2009 are as follows:

• Provides primary education to all children aged 6 to 14 years.

• Enforces education as a fundamental right under Article 21

• Mandates 25% reservation for disadvantaged sections of society, which are:

(a) SCs and STs

(b) Socially Backward Class

(c) Differently abled

• Includes provisions for a non-admitted child to be admitted to an age-appropriate class.

• Sharing of financial and other responsibilities between the central and state governments.

• Lays down the norms and standards related to:

(a) Pupil Teacher Ratios (PTRs)

(b) Buildings and infrastructure

(c) school-working days

(d) Teacher-working hours.

• Includes a clause for “No Detention Policy,” which has been removed under the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.

• Prohibition of deployment of teachers for non-educational work, other than decennial censuses, elections to local authorities, state legislatures and Parliament and disaster relief.

• Appoints teachers with requisite entry and essential academic qualifications

• Prohibits

(a) Physical punishment and mental harassment

(b) Screening procedures for admission of children

(c) Capitation fee

(d) Private tuition by teachers

(e) Running of schools without recognition

• It focuses on making the child free of fear, trauma, and anxiety through a system of learning that benefits the child.

Significance of the Right to Free Education Act (RTE) 2009

With the implementation of the Right to Education Act, the Indian government has made it the fundamental right of a child (as per Article 21 A of the Constitution). The following ways in which the RTE Act of 2009 has been significant are mentioned below:

• Sets specific standards for the student-teacher ratio, an important concept in providing quality education.

• It also talks about providing separate toilet facilities for girls and boys, having adequate standards for classroom conditions, drinking water facilities, etc.

• Emphasis on avoiding the urban-rural imbalance in teachers’ postings as there is a big gap in the quality and numbers regarding education in the villages compared to the urban areas in the country.

• Provides for zero tolerance against the harassment and discrimination of children. Prohibits screening procedures for admission so that there is no discrimination against children on the basis of caste, religion, gender, etc.

• Mandates that no kid be detained until class 8. It introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to have grade-appropriate learning outcomes in schools.

• Creation of a School Management Committee (SMC) in every school in order to promote participatory democracy and governance in all elementary schools. They will monitor the school’s functioning and prepare developmental plans for it.

• The Act is justiciable and has a grievance redress mechanism that permits people to take action when the provisions of the Act are not implemented.

• Provisions included in Section 12(1)(c) of the RTE Act make it mandatory for all schools (private, unaided, aided, or special category) to reserve 25% of their seats for children from socially disadvantaged and economically backward sections. This will boost social inclusion and pave the way for a more just and equal country.

Achievements of the Right to Free and Compulsory Education Act (RTE) 2009

The RTE Act has achieved many things, such as:

• Increased enrolment in the upper primary level, that is, from Class 6th to Class 8th

• Improved school infrastructure, especially in rural areas.

• Inclusive and accessible education

• The removal of the “no detention policy” has led to accountability in the elementary education system.

• An integrated scheme was launched by the government for school education known as Samagra Shiksha Abhiyan, which includes the following:

(a) Sarva Shiksha Abhiyan (SSA)

(b) Rashtriya Madhyamik Shiksha Abhiyan (RMSA)

(c) Centrally Sponsored Scheme on Teacher Education (CSSTE)

Amendments made to the RTE Act

The Right to Education (RTE) Act has had several amendments, such as:

(a) Amendment Act 2012:

• Included children with disabilities under the purview of the RTE Act and recommended home-based education for children with severe disabilities.

• Exempted religious and minority educational institutions from the Act.

(b) Amendment Act 2019:

• Abolished the no-detention policy in schools. Under the existing provisions of the Act, no student can be detained up to class VIII.

• It is up to the states to decide whether to continue the no-detention policy.

Limitations of the Right to Education Act (RTE) 2009

However, there are certain limitations to the Right to Education (RTE) Act, 2009, which are as follows:

• The age group for which the right to education also needs to be made available is for children between 0 and 18 years of age, not just the present range of 6 to 14 years of age. This will make education more inclusive.

• Many of the schemes are inefficient and plagued with corruption charges.

• During admissions, many documents, such as birth certificates, BPL certificates, etc., are required. This leads to orphans being left out as beneficiaries.

• Discriminatory behavior towards parents and difficulties experienced by students belonging to backward and EWS categories to fit in with a different socio-cultural milieu.

• Regarding the ‘no detention’ policy until class 8, an amendment to the Act in 2019 introduced regular annual exams in classes 5 and 8. (a) In case a student fails the annual exam, he or she is given extra training and made to appear for a re-exam. If this re-exam is not passed, the student can be detained in the class. (b) This amendment was made after many states complained that without regular exams, the learning levels of children could not be evaluated effectively.

• Many states find it difficult to do the Continuous and Comprehensive Evaluation (CCE), mainly due to a lack of teachers’ training and orientation.

• More focus is being given to the statistics of RTE than the quality of learning being improved.

• Lack of teachers affects the student-teacher ratio as mandated by RTE, which in turn affects the quality of teaching.

Measures needed for the Right to Education Act

The right to education requires. certain changes, such as:

• Under the purview of the RTE, minority religious schools need to be incorporated.

• Emphasis on teacher training programs.

• The quality of education should be the focus, not the quantity of education per se.

• Undertake measures to make the teaching profession attractive.

• Society as a whole needs to be supportive of education for children without bias.

• Creation of a conducive atmosphere and supply of resources

Conclusion – Right to Education Act (RTE)2009: A Compulsory Act for Education

The Right of Children to Free and Compulsory Education Act was passed by Parliament in August 2009. When it came into force in 2010, India was among the 135 countries in the world where education became a fundamental right for every child. The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution, which states: “The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State may by law determine,” which means that the right to education was made a fundamental right and removed from the list of Directive Principles of State Policy.

The article incorporates the word “free” in its title, meaning that no child (other than those admitted by his or her parents in a school not supported by the government) is liable to pay any kind of fee, charge, or expense that may prevent him or her from pursuing and completing elementary education. This Act ensures free elementary education for all children in the economically weaker sections of society.

FAQs: Right to Education Act (RTE): A Compulsory Act for Education

What are the basic features of the Right to Education Act?

Some of the basic features of the RTE are: (a) free and compulsory education for all children aged 6 to 14. (b) There will not be any detention or examination until elementary education is completed. However, there has been an amendment to this. (c) Providing education is a legal obligation of the government. (d) Mandatory for all private schools to reserve 25% of their seats for the EWS and disadvantaged groups.

How is a child defined under the RTE Act?

Under the Right to Education (RTE) Act in India, a child is defined as any person aged 6 to 14 years.

Is the RTE Act applicable to minority educational institutions?

Sections 1(4) and 1(5), which were added to the RTE Act in 2012, mention that RTE would not be applicable to minority and religious educational institutions. Also, in 2014, the Supreme Court reaffirmed that minority-run schools cannot be forced to implement the RTE Act.

What is the importance of the right to education?

Education is the way that paves the path for achieving all other basic human rights. It helps in decreasing poverty, reducing social inequalities, empowering women and other marginalized sections, bringing down discrimination, and helping individuals live life to their fullest potential. It also improves access to opportunities for a better life in terms of employment and business. Education leads to peace and overall prosperity in a region. Therefore, education is one of the most important rights.

What are the amendments made to the RTE Act?

Amendments made to the RTE Act are as follows: (a) The Amendment Act 2012 included children with disabilities under the purview of the RTE Act and recommended home-based education for children with severe disabilities. Religious and minority educational institutions were exempted from the Act. (b) The Amendment Act 2019 abolished the no-detention policy in schools. Under the existing provisions of the Act, no student can be detained up to class VIII. It is up to the states to decide whether to continue the no-detention policy.