RIGHT TO EDUCATION

SALIENT FEATURES OF RIGHT TO EDUCATION

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

(i) Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.

(ii) It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

(iii) It makes provisions for a non-admitted child to be admitted to an age appropriate class.

(iv) It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.

(v) It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.

(vi) It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. 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.

(vii) It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.

(viii) It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,

(ix) It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

 Education is a fundamental human right, essential for the empowerment and development of an individual and the society as a whole. According to the UNESCO's 'Education for All Global Monitoring Report 2010, about 135 countries have constitutional provision for free and non-discriminatory education for all. In 1950, India made a Constitutional commitment to provide free and compulsory education to all children up to the age of 14, by adding this provision in article 45 of the directive principles of state policy.

With the 86th Constitutional amendment on 12^th December 2002, Article 21A was amended by the Constitution in order to introduce Right to Education as a fundamental right.

The Right of Children to Free and Compulsory Education Act  finally came into force on 1^st April 2010. The Act provides for free and compulsory education to all children in the age group of six to fourteen years. It is now a legally enforceable duty of the Centre and the states, to provide free and compulsory education.

The Act has the following major provisions

• Every child between the age of six to fourteen years, shall have the right to free and compulsory education in a neighbourhood school, till completion of elementary education.
• For this purpose, no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
• Where a child above six years of age has not been admitted to any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age.
• For carrying out the provisions of this Act, the appropriate government and local authority shall establish a school, if it is not established, within the given area, within a period of three years, from the commencement of this Act.
• The Central and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.

This Act is an essential step towards improving each child's accessibility to secondary and higher education. The Act also contains 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 any such factor. With the implementation of this Act, it is also expected that issues of school drop out, out-of-school children, quality of education and availability of trained teachers would be addressed in the short to medium term plans.

The enforcement of the Right to Education Act brings the country closer to achieving the objectives and mission of the Millennium Development Goals (MDGs) and Education for All (EFA) and hence is a historic step taken by the Government of India.