RIGHT TO EDUCATION ACT.

2009

K.K. Chauhan
(Assistant Professor)
Department of Education,
C.S.J.M. University, Kanpur
Email: [Link]@[Link]
 Manmohan Singh stated that,

"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.”
 OBJECTIVES
 To provide for free and compulsory education to all children of the age 6 to 14 years.

 Emphasis is on children belonging to disadvantaged group.

 To conform with values enshrined in the Constitution.

 Equity, Equality and Quality Education for every child

 All round development of every child

 Experimental and Active Learning process

 Child friendly class room

 School environment free from fear and punishment

 Child friendly and Continuous assessment

 Community partnership and community ownership

 Historical View
[Link]

 1870: Compulsory Education Act passed in Britain

 1882: Indian Education Commission(Hunter Commission): Demand provision

for mass education and Compulsory Education Acts.

 1893: Maharaja of Baroda (Sayajirao Gaekwad third- Shrimant Gopalrao

Gaekwad) introduces Compulsory Education for boys in Amreli Taluk

 1906: Maharaja of Baroda extends Compulsory Education to rest of the state

 He is also considered to be the father of the Indian library movement.

 1906: Gopal Krishna Gokhale makes a plea to Imperial Legislative
Council for introduction of Free And Compulsory Education.

 1910 – Gopal Krishna Gokhale moved Private Members Bill on 18-03-

1910 and it was Rejected.

 1917: Vithalbhai Patel is successful in getting the Bill passed –First Law
on Compulsory Education passed (Popularly Known as Patel Act)

 1918: Every Province in British India gets Compulsory Education Act

Many of these initiatives, however, were not seriously implemented; lack
of resources being the chief reasons.
 1950: Finally, Article 45 of Directive Principles of State Policy
accepted:
"The State shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for
all children until they complete the age of fourteen years".

 1993: Supreme Court Held Free Education Until the Child

Completes the age of 14 to be a Fundamental Right (Article 21)
(Unnikrishnan and others Vs State of Andhra Pradesh and others)

[Link]
 RIGHT TO EDUCATION
 2 December 2002– 86th Constitutional Amendment – Insertion of New article 21 A
(RIGHT TO EDUCATION)

 Article 21-A inserted in Fundamental Rights in the light of Articles 45, 46 and Article 29
(Unnikrishnan and others Vs State of Andhra Pradesh and others).

 Stipulates that:
• The State shall provide free and compulsory education to all children of the age of 6 to 14
years in such manner as the State may, by law, determine.

• ‘it shall come into force from such date as the Central Government may by notification in the
Official Gazette, appoint’.

[Link]
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 Article 21 –
 article 21 secures two rights:
• 1) Right to dignified life, and
• 2) Right to personal liberty.

What are Fundamental Rights ?

 Fundamental Rights are rights which are inherent in a human being. They
are natural rights.

 These rights are regarded fundamental because they are most essential for
the attainment of the full growth, development and potential of a human
being.
 Article 46-
 The State shall promote with special care the educational and economic
interests of the weaker sections of the people and, in particular, of the SCs
and STs and shall protect them from social injustice and all forms of
exploitation.

Article 29 –
 No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them. which means equality of access
to education and educational facilities.
 Article 30
Article 30 of the Indian constitution consists of provisions
that safeguard various rights of the minority community in
the country keeping in mind the principle of equality as well.
Right of minorities to establish and administer educational
institutions.
 Article 51A

Fundamental Duties
(k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six to fourteen years.

[Link]
911156Article_51A.pdf
 All these factors contributed and finally gave birth to
this new act-
 Right of Children to Free and Compulsory Education Act (RCFCE)
2009 or Right to Education Act (RTE)

 These rules may be called the in U.P.-

[Link]
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 What is RTE Act?

[Link]

 The Right of Children to Free and Compulsory Education Act (RCFCE) or Right to
Education Act (RTE), which was passed by the Indian parliament on 4 August 2009,

 Free and compulsory education for children between 6 -14 years in India under
Article 21-A of the Indian Constitution.

 The act came into force on 1 April 2010.

 India became one of 135 countries to make education a fundamental right of every
child.

 It is one of the 3 flagship programs of UPA govt. 1- MGNREGA, 2- RTI Act. 3- RTE
 The Act Contains 7 Chapters, 38 Sections and 1 Schedule.

● Chapter -I : Introduction, Definitions (Sections 1-2)

● Chapter –II : Free and Compulsory Education. (Sections 3-5)

● Chapter –III : Duties of Appropriate Government (Sections 6-11)

● Chapter –IV : Responsibilities of schools & teachers(Sections 12-28)

● Chapter –V : Curriculum and completion of Elementary Education (Sections 29 -30)

● Chapter –VI :Protection of Right of Children (Sections 31-34)

● Chapter –VII : Miscellaneous (Sections 35-38)

● The Schedule

[Link]
20and%20Compulsory%20Education%20Act,%[Link]
 Chapter – I – Preliminary (Section-1)
Short title, extent and commencement.
1. This Act may be called the Right of Children to Free and Compulsory Education
Act, 2009.

2. It shall extend to the whole of India except the State of Jammu and Kashmir.

3. Subject to the provisions of articles 29 and 30 of the Constitution, the provisions

of this Act shall apply to conferment of rights on children to free and
compulsory education.

4. Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and
educational institutions primarily imparting religious instruction.
 Section-2 DEFINITIONS
 APPROPRIATE GOVERNMENT : in relation to a school established,

owned or controlled by the Central Government or State Government,

or the administrator of the Union territory, having legislature.

 CAPITATION FEE : any kind of donation or contribution or payment

other than the fee notified by the school.

 CHILD : a male or female and Transgender child of age of 6-14 years.

 DISADVANTAGED GROUP : [a child with disability, Orphans or] a child

belonging to the Scheduled Caste, the Scheduled Tribe, the socially and
educationally backward class or

 such other group having disadvantage owing to social, cultural, economical,

geographical, linguistic, gender or such other factor, as may be specified by the
appropriate Government, by notification.
 WEAKER SECTION: a child belonging to such parent or guardian
whose annual income is lower than the minimum limit specified by the
appropriate Government, by notification.

 CHILD WITH DISABILITY: a child with disability as defined in clause

(i) of section 2 of the Persons with Disabilities Act, 1995 (Equal
Opportunities, Protection of Rights and Full Participation)

 “disability” means— (i) blindness; (ii) low vision; (iii) leprosy-cured;

(iv) hearing impairment; (v) locomotor disability; (vi) mental
retardation; (vii) mental illness.
[Link]
 ELEMENTARY EDUCATION: the education from first class to eighth class.
[Primary (1 to 5th) & Upper-Primary(6 to 8th)]

 GUARDIAN: in relation to a child, means a person having the care and custody
of that child and includes a natural guardian or guardian appointed or declared by
a court or a statute.

 LOCAL AUTHORITY: Such authority or body having administrative Control

over the school, Municipal Corporation or Municipal Council or Zila Parishad or
Nagar Panchayat or Panchayat, by whatever name called.
 PARENT : either the natural or step or adoptive father or
mother of a child.

 SCHEDULE: the Schedule annexed to this Act.

 SCHOOL : any recognised school imparting elementary

education-
I. AIDED SCHOOL receiving aid or grants to meet whole or part of its expenses from
the appropriate Government or the local authority;

II. UNAIDED SCHOOL not receiving any kind of aid or grants to meet its expenses
from the appropriate Government or the local authority;
 SPECIFIED CATEGORY SCHOOL : a school known as Kendriya
Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school
having a distinct character which may be specified, by notification, by
the appropriate Government.
 NEIGHBOURHOOD: a population area specified in rule 4

 PUPIL CUMULATIVE RECORD: record of the progress of the child

based on comprehensive and continuous evaluation(CCE)

 SCHOOL MAPPING: planning school location to overcome social

barriers and geographical distance.
 FREE AND COMPULSORY EDUCATION
 COMPULSORY EDUCATION: defined as the obligation of the State to take all necessary
steps to ensure that every child participates in, and completes Elementary Education.

 FREE EDUCATION: defined as freedom from liability to

(i) pay any fee to the school, and

(ii) incur such other prescribed expenses as may be likely to prevent the child from participating
in and completing Elementary Education.

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.

support materials for children with special needs (e.g. hearing aids, spectacles, Braille books,
crutches, etc.) and so on.

The government will provide schooling free-of-cost until a child's elementary education is
completed.
 SCREENING PROCEDURE: the method of selection for admission of a
child, in preference over another, other than a random method.

 “NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS

(NCPCR)” & “STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS(SCPCR)”: the Commission constituted under section 3 of the
Commissions for Protection of Child Rights Act, 2005.

[Link]

[Link]
 Protection of RTE Act:

Commissions for Protection of Child Rights Act, 2005

 Act assigns NCPCR/SCPCR additional functions. Examine and review
safeguards for rights under this Act, recommend measures for effective
implementation. Inquire into complaints relating to child's right to free and
compulsory education.

 Where SCPCR not constituted, appropriate govt. may constitute an authority.

 What kind of powers do the Protection of RTE Act have?
 Under the NCPCR Act 2005, the NCPCR and SCPCRs have quasi-judicial
powers whereby they can investigate, summon and recommend cases to the
courts. They can not, however, pass judgments and hand out punishments.
 VIOLATIONS PENALTY

Collecting capitation fee A fine up to 10 times the capitation fee

charged
Screening students during admission A fine of Rs. 25,000 for the first violation and
Rs.50,000 for every subsequent violation

Physical or mental harassment of a student Disciplinary action under service rules from
censure to dismissal)
Running a school after its recognition is A fine of Rs.1 lakh, and Rs.10,000 for every
withdrawn subsequent day

Delay in schools issuing TC Disciplinary action

School teachers taking private tuition Disciplinary action

action RTE Act help desk can be reached at 0XX-XXXXXXX

Important Points to Remember

or

Salient features of RTE Act.

 The RTE Act came into effect in the whole of India except the
state of Jammu and Kashmir from 1 April 2010.

 The State shall provide free and compulsory education to all

children of the age of 6 to 14 years.
 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.

 Children suffering from disability will also be covered under RTE

Act.
 Sharing of financial & other responsibilities Concurrent responsibility
of the Central & State Governments for providing funds.

 Centre & States will share the financial burden in the ratio 55:45

 "Education" falls under Concurrent List: responsibility for both Central and
State governments.
 65% 35% of the finances will be borne by State Govt.
 For North-Eastern states, this ratio will be 90:10 for Centre : State.

 No child shall be denied admission in absence of documents like birth

certificate; and transfer certificate may not be insisted for admission up
to Class 8th.
 Duty of the appropriate govt/local authority to establish school within limits of
prescribed neighbourhood within a period of three(3) years of commencement of
this act.

 The area or limits of neighborhood:

Classes I-V- within walking distance of 1 km. and has population of at least 300:

Classes VI-VIII - within walking distance of 3 kms. and has population of at least 800.

 The State has to make appropriate and safe transportation arrangements for
children with disabilities.

 Where no school exists within the area or limits specified, government has to make
provision for free transportation, residential facilities and other facilities.

 In areas with high population density, the State may establish more than one
neighbourhood school.
 It is the duty of parents to admit the child in the elementary
school (ARTICLE 51-A(k))

 All private schools(Unaided Pvt. recognized schools and schools

of special category) must keep 25% of seats reserved for children
belonging to weaker sections of society and disadvantaged group.

 Indian Law commission had initially proposed 50% reservation

for disadvantaged students in private schools.
 The management of private schools had unitedly filed a petition
in the Supreme Court court to strike down this provision. But the
Supreme Court dismissed the petition through an April 2012
order.

 On 7 May 2014, the Supreme Court of India ruled that Right to

Education Act is not applicable to minority institutions.

 Parliament has also made another amendment excluding

madrasas and Vedic schools from its purview.
Are some schools exempt from the 25% free reservation
requirement of the RTE Act?
 Yes. Those schools like religious schools and minority unaided schools
are exempt from this as they are exempt from the entire Act itself.
Acting on the Supreme Court directive, the Central Government
guideline notes that the 25% reservation requirement does not apply to
boarding or residential schools which admit students only after Class
1.
 In boarding or residential schools which have Class 1. the 25%
reservation applies to day scholars only.
 How is the ‘school’ defined?
Section 2(n), defines four categories of schools:
(i) funded and managed by the government or local authority,
(ii) private but aided by the government or local authority,
(iii) schools defined under special category, like Kendriya
Vidyalaya, Navodaya Vidyalaya, Sainik School, school under
the Central Tibetan Schools Association and similar others, and
(iv) private schools receiving no aid from the government or
local authority.
 REIMBURSEMENT OF FEES
RTE Act, 2009 provides for reimbursement by the State/UT
Government to private unaided schools for the admission of children
belonging to disadvantaged groups and weaker sections
 such reimbursement to the private unaided schools as per the
norms prescribed under the respective State RTE Rules.

What about private aided schools?

These schools are required to provide free education to
children in a proportionate relationship to the grants in aid
they receive, subject to a minimum of 25%. They too will not
be reimbursed by the state.
What is the entry level class in which the 25% reservation is
mandatory under RTE?
Where a school specified in clause (n) of section 2 imparts pre-
school education, the provisions of clauses (a) to (c) shall
apply for admission to such pre-school education.

Eg:, if a school starts from nursery, the 25% reservation applies

to nursery class. If a school starts from class I, then the 25%
reservation applies to class I.
 No school to be established or can function after the commencement
of the Act without obtaining certificate of recognition from
appropriate Government, norms and standards of the school as per
RTE Act.

 The RTE act 2009 offers provisions for students who dropped out of
school.

 No screening test to be conducted from Class I to VIII.

 There will be no detention or exams until elementary school is

completed.
 Schools are not allowed to charge any capitation fee at any step
while giving admission to a child.

 It makes provisions for a non-admitted child to be admitted to an

age appropriate class and special training to them.

 Free education also includes the delivery of textbooks, clothing,

stationery, and special education resources for children with
disabilities in order to reduce the financial burden of school costs.
 All government and aided schools should create a School
Management Committee composed of 75 percent members as
parents or guardians.

 Constitution of School Management Committee(SMC) in every

school except unaided pvt. recognized schools.

75% representation from parent members.

50% representation from women.

Representation from SC/ST and disadvantage group.

In UP
[Link]
2013%20%20for%20formation%20of%20New%[Link]
 It lays down to Pupil Teacher Ratios (PTRs), buildings and
infrastructure, school-working days, teacher-working hours.

 Minimum qualification as laid down by Government is required for

appointment of a teacher.

 It is a collective responsibility of the educators, officers, principals,

teachers, parents’ management and children to implement the RTE
Act in letter and spirit.
 Ensure that child completing elementary education is being awarded
a certificate as prescribed by the government.
 The section 29 (2) (h) of the RTE Act makes a comprehensive and
continuous evaluation (CCE) mandatory, wherein schools are
expected to use test results to improve teaching and learning of
the child.

 No child pursuing elementary education shall be drop out, held

back, expelled, or asked to pass a board examination.

 No children to be detained in any class up to 8th standard.

 [Link]
reports/[Link]
 It Prohibits:
 1. Physical punishment and mental harassment;

 2. Screening procedures for admission of children;

 3. Capitation fee;

 4. Private tuition by teachers;

 5. Running of schools without recognition.

 No children to be detained in any class up to 8th standard.

 Deployment of teachers for non-educational purposes other than

i. decennial population census,

ii. disaster relief duties and

iii. for election duties.

THE SCHEDULE
 Pupil Teacher Ratio

a)For I-V classes

Admitted children upto 60- Number of teachers 2
61-90 Three
91-120 Four
121-150 Five
Above 150 Five +one head teacher (PTR 30:1)
Above 200 PTR shall not exceed 40 (Including Head
Teacher) (PTR 40:1)
 b)For VI-VIII classes- 35:1
 1) At least one teacher per one class so that there shall be at
least one teacher each for
(i) Science & Mathematics,
(ii) Social studies,
(iii) Languages
 (2) At least one teacher for every thirty five children
 (3) Where admission of children is above one hundred
-(i) a full time head teacher;
-(ii) part time instructors for
(A) Art Education
(B) Health and Physical Education
(C) Work Education
 Minimum number of working days / instructional hours in an
academic year:
(i) 200 working days for I-V classes;

(ii) 220 working days for VI-VIII classes;

(iii) 800 instructional hours per academic year for I-V classes;

(iv) 1000 instructional hours per academic year for VI-VIII classes.

 Min. no. of working hours/week/Teacher: 45 teaching hrs

including preparation hours.
 Building

 All weather building consisting of

(i) at least one class-room for every teacher and an office-cum-store cum-head-
teachers room;

(ii) barrier free access

(iii) separate toilets for boys and girls

(iv) safe and adequate drinking water facility to all children

(v) a kitchen where mid-day meal is cooked in the school;

(vi) Playground

(vii) arrangements for securing the school building by boundary wall

 Library
There shall be a library in each school providing newspaper,
magazines and books on all subjects, including story-books.
Play material, games and sports equipment: Shall be
provided to each class as required.

Teaching learning equipment: Shall be provided to each

class as required.
Role of Head/Teacher of School in implementation of RTE
Act
 Ensure that there is no discrimination and segregation of children
belonging to weaker section, dis-advantage group, children with
special need which prevent them from completing elementary
education.

 No child is subjected to caste, religion, gender abuse.

 No delay in issuance of transfer certificate as and whenever

required by the child.
 Ensure No physical punishment or mental harassment.

 To ensure that children admitted in school get timely benefits of their

rights like free books, uniforms, stationary, mid day meal, benefits of
welfare schemes etc.

 Ensure that teachers attend training programmes and takes part in

developing the curriculum, syllabi, training modules and text book
development and any other duties as prescribed by the govt. from time
to time.

 Ensure that child completing elementary education is being awarded a

certificate as prescribed by the government.
 Maintain Regularity and Punctuality in attending School

 Complete Curriculum in accordance with the specified provisions and

time

 Assess the learning ability of each child and provide supplementary

instructions accordingly

 Maintain Cumulative Record of every child

 Hold regular meetings with parents and apprise them of the progress
of the child

 Not to engage in private tuitions or take part in any private teaching

activities
 CHILDREN BENEFITED

 Approx 22 crore children fall under the age group 6-14. Out of which
4.1% i.e. 92 lakhs children either dropped out from school or never
attend any educational institution. These children will get elementary
education.
 Present Status
Govt. report says•

 Poor presence of students

 Ignorance among teachers and guardians about the provisions of the Act.

 Poor condition of training regarding RTE

 Acute shortage of teachers

 No atmosphere of quality teaching and meaningful teaching-learning process

 Only 8 percent of schools are admitting students under RTE rules.

 20% of teachers are not trained.

 There are 8% schools in the country which are run by only one teacher.

 There are some States which have not notified this law.

 Lack of necessary structure due to lack of funds.

 Lack of trained teachers.

 Lack of grievance redressal mechanism.

 Facts and Figures (Report ASER of 2014)

 • 31.4% of std. III Children cannot read words in their own language.

 • 70.1% of std. III Children cannot solve a 2-digit subtraction problem.

 • 72.5% of std. V Children cannot do a simple division problem.

 • 51.8% of the std. V Children cannot read a std. II level text.

[Link]
SUGGESTIONS

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 References
 Aggarwal, J. C. (2014). Philosophical and Sociological Perspectives on Education. Delhi: Shipra publication.
 Arulsamy, S. (2011). Philosophical and Sociological Perspectives on Education. Hyderabad: Neelkamal Publication Pvt.
Ltd.
 Dewey, J. (1956). The school and Society. Chicago: University of Chicago Press.
 Dewey, J. (1963). Democracy and education. New York: Macmillan.
 Freire, P (1970). Cultural action for freedom. Penguin education Special, Ringwood, Victoria, Australia
 Ballantine, J. H., & Hammack, F. M. (2009). The sociology of education: A systematic analysis (6th ed.). Upper Saddle
River, NJ: Prentice Hall.
 Freire, Paulo (1993). Pedagogy of the oppressed (revised ed.). London, UK: Penguin books.
 Ghosh, S.C. (2007) History of education in India , Rawat publications .
 Govt. of India (2009) The right of Children to free and compulsory education act 2009
 Nambisan, G.B.(2009) Exclusion and discrimination in school experiences of Dalit children , Indian institute of Dalit
Studies and UNICEF.
 Pathak A. (2013) social implication of schooling; knowledge, Pedagogy and consciousness. Aakar books
 • अ वाल एस० के ०, िश ा के दाशिनक एवम समाजशा ीय आधार आगरा भागव बुक हाउस ।
 • पा डेय, रामशकल िश ा क दाशिनक एवं समाजशा ीय पृ भूिमः आगरा, िवनोद पु तक मि दर ।
 • पाल, एस० के ० गु , ल मी नारायण, मदन मोहन, िश ा के दाशिनक एवं समाजशा ीय आधार, इलाहाबाद,
कै लाश काशन
 • माथुर, एस० एस० िश ा के दाशिनक तथा सामािजक आधार, आगरा, िवनोद पु तक मि दर ।
 • लाल, रमन िबहारी: िश ा के दाशिनक एवं समाजशा ीय आधार र तोगी पि लके शन, मेरठ
 • स सेना एन० आर० एस० िश ा के दाशिनक एवं समाजशा ीय आधार आगरा भागव बुकहाउस ।
 If a 13 year old child wants to join a school, will she be asked to leave in
one year when she attains 14 years of age?
 No. The Act guarantees the completion of elementary education. It means
therefore that the child can continue to study till she has completed class
8, irrespective of her age at that time.