Right of Children to Free and Compulsory Education Act - Wikipedia, The Free Encyclopedia

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Right of Children to Free and Compulsory Education Act From Wikipedia, the free encyclopedia

Thee Right of Children to Free and Th a nd Compulsory Compulsory Education Act or Right to Education Act (RTE), which

was passed by the Indian parliament parliament on 4 August 2009, describes the modalities of the provision of free and compulsory education for children between 6 and 14 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]

Contents 1 History 1.1 Passage 2 Highlights 3 Implementation and funding 4 Advisory Council on Implementation Implementation 5 Status of Implementation 6 Precedents 7 Criticism 7.1 Quality of education 7.2 Public-private partnership 7.3 Infringement Infringement on private schools 8 Lawsuits 9 References 10 External Externa l links links

History The present Act has its history in the drafting of the Indian constitution at the time of Independence[5] but are more specifically specifically to the t he Constitutional Amendment that included the Article 21A in the Indian c onstitution making Education Educat ion a fundamenta l Right. Right. This amendment, however, specified the need for a legislation legislation to describe the mode of implementation of the same which necessitated the drafting of a separate Education Bill. The rough draft of the bill was composed in year 2005. It re ceived much opposition due to its mandatory provision provision to provide 25% reservation for disadvantaged chil ch ildren dren in private schools. The sub-committee sub-committee of the Central Advisory Board of Education which prepa red the draft Bill held this provision provision as a significant significant prerequisite for crea ting a democratic democrat ic and egalitarian egalitarian society. Indian Law La w commission commission had initiall initially y proposed [6][7] 50% reservation for disadvantaged disadvanta ged students in private schools.

Passage The bill was approved by the cabinet cab inet on 2 July 2009.[8] Rajya Sabha passed the bill on 20 July 2009[9] and the Lok Sabha on 4 August 2009.[10] It received Presidential assent and was notified as law on 3 Sept 2009[11] as



The Children's Right Right to Free and Compulsory Compulsory Education Educ ation Act.[12] The law came into effect in the whole of India except the state stat e of Jammu and Kashmir from 1 April 2010, the first time time in the history of India a law was brought into force by a speech spee ch by the Prime P rime Minister. Minister. In his speech, Manmohan Singh, Singh, Prime Minister Minister of India stated that, t hat, "We are committed to ensuring that all children, irrespective of gender and social category, 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."[13]

Highlights The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum minimum norms norms in elementary schools. It requires all private schools to reserve re serve 25% of seats to t o children from poor families families (to be reimbursed by the state as a s part of the t he public-private partnership plan). It also prohibits all unrecognized schools from practice, and a nd makes provisions for no donation or capitation fees fee s and no interview of the child c hild or parent for admission. admission.[14][15] The Act also provides that no child shall shall be held back, expelled, or required to pass a board examination until the completion of elementary educa tion. There is also a provision provision for special training of school drop-outs to bring them up to par with students of the same age. The RTE RTE act a ct requires surveys that tha t will monitor monitor all neighbourhoods, identify children children requiring education, educat ion, 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 legislation in the world that puts the responsibility responsibility of ensuring e nsuring enrollment, enrollment, attendance and completion on the Government. It is the parents' responsibility to send the children to schools in the U.S. U.S. and other o ther countries.[16] The Right Right to Education Educa tion of persons with disabilities disabilities until 18 years of age a ge is laid down under a separate legisl legislationation- the Persons with Disabiliti Disabilities es Act. Ac t. A number of other provisions provisions regarding improvement improvement of school infrastructure, teacher-student ratio and faculty are made in the Act. The Act provides for a special organization, organization, the National Commission Commission for the Protection P rotection of Child Child Rights, an autonomous body set up in 2007,[17] to monitor the implementation implementation of the act,[18] together with Commissions Commissions to be set up by the states.

Implementation and funding In the Indian constitution, education comes under the purview of the states, and the Act has made state and local bodies accountable for the implementation. The states have been clamouring that these bodies do not have the financial capacity to cover all the schools needed for universal education.[19] Thus it was clear that the central government (which collects most of the reve nue) will will be required to subsidize the states. A committee set up to study st udy the funds fund s requirement and funding initiall initially y estimated that Rs 171,000 crores or 1.71 trillion (US$38.2 billion) would be required in the next five years to implement the Act, and in April 2010 the central government agreed to sharing the funding for for implementing 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. [20] However, in mid 2010, this figure was upgraded to Rs. 231,000 crores, and the center agreed to raise its share to 68%.[19] There is some confusion on this, with other media reports stating that the centre's share of the implementation expenses would now be 70%.[21] 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 educa tion till Class



X (age 16) [22] and into the preschool age range [23] . The CABE commi c ommittee ttee is in the t he process proce ss of looking into into the implications implications of making these changes.

Advisory Council on Implementation The Ministry of HRD set up a high-level, 14-member NAC for implementation of the bill. The members include Kiran Karnik, former president of NASSCOM Krishna Krishna Kumar, Kumar, former director directo r of the t he NCERT Mrinal Miri, former vice-chancellor of North-East Hill University Yogendra Yadav - social scientist Amita Amita Dhanda, Dha nda, professor of law, law, NALSAR, Hyderabad; Venita Kaul, Ex- World Bank and Head, Centre Ce ntre for Early Ea rly Childhood Childhood Education Educ ation and Development, Ambedkar University, Delhi Annie Namala, an activist and head hea d of Centre for Social Social Equity and Inclusion Aboobacker Ahmad, vice-president of Muslim Muslim Education Society, Society, Kerala.[24]

Status of Implementation Implementation A report on the t he status of implementation implementation of the Act was released by the Ministry Ministry of Human Resource Development on the one year anniversary of the Act. The report admits that 8.1 million million children in the age group six-14 six-14 remain out of school and there’s a shortage of 508,000 teachers te achers country-wide. c ountry-wide. A shadow report by the RTE Forum representing the leading education ne tworks in the country, however, challenging challenging the findings pointing out that tha t several severa l key legal commitments commitments are falling falling behind the schedule. sched ule. [25] . The Supreme Court of India has also intervened to demand implementation of the Act in the Northeast [26] . It has also provided the legal legal basis for ensuring pay parity between teachers te achers in government and government aided a ided schools[27]

Precedents It has been bee n pointed out that tha t the RTE act is now new. new. Universal Universal adult franchise in the act was opposed oppose d since most of the population was illiterate. illiterate. Article 45 in the Constitution of India was set up as a act: The State shall endeavour to provide, within within a period pe riod of ten years yea rs from the commencement of this Constitution, for free and compuls c ompulsory ory education educa tion for all children children until they complete the t he age of fourteen fourtee n 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, teache rs, give give them bad textbooks, no playgrounds, playgrounds, and say sa y, we have complied 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[28] In the 1990s, the World Bank funded a number of measures to set up schools within easy reach of rural communities. communities. This effort was consolidated in the Sarva Shiksha Shiksha Abhiyan model in the 1990s. RTE RTE takes take s the process further, and makes the t he enrollment of children in schools a state prerogative.



Criticism The act has ha s been criticized criticized for being be ing hastily-drafted,[29] not consulting many many groups active in education, educ ation, not considering the quality of education, e ducation, infringing infringing on the rights rights of private and a nd religious religious minority minority schools schoo ls to [30] administer administer their system, syste m, and for excluding e xcluding children under six years yea rs of age. Many of the ideas are seen as continuing the policies policies of Sarva Shiksha Shiksha Abhiyan of the last decade de cade,, and the t he World World Bank funded District Primary Education Program P rogramme me DPEP of the t he '90s, both of which, while having set up a number of schools in rural areas, have been criti cr iticized cized for being ineffective ineffective[31] and corruption-ridden.[32]

Quality of education The quality of education provided by t he government system remains in in question.[33] While it remains the largest largest provider of elementary e lementary education educ ation in the c ountry forming 80% of all recognized recognized schools, it suffers from shortages of teache rs, infrastructural gaps and several habitations continue to lack schools schoo ls altogether. altogether. There are also frequent allegations allegations of government schools being riddled riddled with absenteeism ab senteeism and mismanagement mismanagement and appointments are based on political convenience. Despite the allure of free lunch-food in the government schools, many parents send their t heir children to private schools. Average Average schoolteacher schoolteac her salaries in private rural schools in some States States (about (a bout Rs. 4,000 per pe r month) are considerably lower than t hat in government schools.[18] As a result, proponents propone nts of low cost private pr ivate schools, critiqued government schools as be ing poor value for money. Children attending the private schools are seen to be at an advantage, thus discriminating against the weakest sections, who are forced forc ed to go to government schools. Furthermore, the system syst em has been criticized criticized as catering c atering to the rural elites who are able a ble to afford school fees in a country c ountry where large number of families families live in absolute poverty. The act has been be en criticized as discriminatory discriminatory for not addressing these issues. Well-known Well-known educationist Anil Sadagopal Sadagopal said of the hurriedly-drafted act: It is a fraud on our c hildren. It gives gives neither free education nor compulsory c ompulsory education. In fact, it only on ly legitim legitimises ises the present multi-layered, multi-layered, inferior inferior quali qua lity ty school sc hool education educ ation system where whe re discrimination discrimination shall continue to prevail.[29] 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."[29] However, other researchers have countered the argument by citing that the evidence for higher standards of qua lity lity in private schools often disappears disappea rs when other factors (like family family income, parental literacy- all correlated to t he parental paren tal ability ability to pay) pa y) are controlled c ontrolled for. for.

Public-private partnership In order to address a ddress these quali qua lity ty issues, the Act also has provisions provisions for compensating private schools for admission of children under the 25% quota which has been compared to school vouchers, whereby parents may "spend" their the ir vouchers in any school, private or public. This This measure, along with the increase in PP P (Public Private Partnership)has P artnership)has been viewed by some organizations organizations such as the All-India All-India Forum for Right to Education (AIF-RTE), (AIF-RTE), as the t he state stat e abdicating abd icating its "constitutional obligation obligation towards providing providing elementary education". e ducation".[31]

Infringement Infringement on private schools The Society for Un-aided Un-aided Private P rivate Schools, Rajasthan petitioned the t he Supreme Court of India claiming claiming the act ac t violates the constitutional c onstitutional right right of private managements mana gements to run the ir institutions institutions without governmental



interference. [34] While the matter remains subjudice, the Supreme Court has refused to grant a stay on the provisions provisions of the Act [35] , including the controversial 25% reservation.

Lawsuits Miss Mohini Jain v. State of Karnataka (AIR 1992 SC 2100) Unni Krishnan v State of Andhra Pradesh (AIR 1993 SC 2178)

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(http://www (http://www.thehindu.c .thehindu.com/n om/news/national/article53 ews/national/article538703.e 8703.ece) ce) . The Hindu. Hindu. http://www http://www.thehindu.com/news/national /article538703.ece . Retrieved 2010-09-01. 33. ^ Surbhi Bhatia, Jul 26, 2010, 05.54am IST (2010-07-26). "Quality in education: It's my legal right - Education Home - The Times of India" (http://timesofindia.indiatimes.com/home/education/Quality-in-education-Its-my-legalright/articles right/articleshow/6217082.cms) how/6217082.cms) . Timesofindia.indiatimes. com. http://timeso http://timesofindia.indiatimes.c findia.indiatimes.com om /home/education /home/education/Quality-in /Quality-in-education -education-I -Its-myts-my-legal-r legal-righ ight/articlesh t/articleshow/62170 ow/6217082.cms 82.cms . Retrieved 2010-09-01. 34. ^ PTI (2010-03-22). "The Hindu : News / National : Private schools challenge Right To Education Act in Supreme Court" (http://beta.thehin (http://beta. thehindu.co du.com/new m/news/national/article s/national/article267634. 267634.ece ece)) . Beta.thehin Beta. thehindu.c du.com. om. http://beta.thehindu.com /news/n /news/national/ar ational/article267634.ece ticle267634.ece . Retrieved 2010-09-01. 35. ^ "SC reserves judgment on challenge to RTE Act" (http://www.lawetalnews.com/NewsDetail.asp?newsid=4489) . Lawetaln awetalnews. ews. 2010-08-0 2010-08-03. 3. http: http://w //ww ww.lawetaln .lawetalnews.co ews.com/ m/New NewsDetail sDetail.asp?n .asp?newsid ewsid=44 =4489 89 . Retrieved Retrieved 2010-10-08.

External links Highlig Highlights hts of the Bill Bill introduced in the Parliament (http://prsindi (ht tp://prsindia.org/i a.org/index.php?name=Sections& ndex.php?name=Sections& action=bill_details&id=6&bill_id=199&category=43&parent_category=2) 2010 Amendment to the Act (http://prsindi (ht tp://prsindia.org/i a.org/index.php?name=Sections&action=bill_detail ndex.php?name=Sections&action=bill_details& s& id=6&bill_id=1113&category=43&parent_category=1) 2010 Right to E ducation India website (http://www.rteindia.com) (http://www.rteindia.com) "Right to Education Act website" (http://www (htt p://www.indg. .indg.in/pri in/primary-educat mary-education/pol ion/policiesandschemes/rig iciesandschemes/righthtto-education-bi to-educa tion-bill) ll) . Govt. of India. http://www.indg http://www.indg.in/prim .in/primary-educat ary-education/pol ion/policiesandschemes/rig iciesandschemes/righthttoto-edu educati cation on--bill . Download fFull contents content s of the act (http://librarykvpat (http://librarykvpattom.fi tom.files.wordpress.com/2010/04 les.wordpress.com/2010/04 PDF /india_education_act_2009.pdf) /india_education_act_2 009.pdf)

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