,

Guru Nanak C0llege of Education, Punjabi

Bagh,
B.Ed. Programme, (2016-17)

INDEX
Introduction of Right to Education Act, 2009.
Brief concept of Right to Education Act, 2009
History of RTE Act, 2009.
Significance of RTE Act 2009
Key factors responsible for successful
implementation of RTE Act, 2009.
School: Types of school specific under RTE Act,
2009
Student teacher ratio
Qualification of teachers
Duties of a teacher
Infrastructure
Minimum instructional hours
Minimum Working Hours for teacher
per week
Teaching Learning Equipment
Library
Play Material, Games & sports
Equipments

SMC
Parents
Central and state Govt.
National commission for protection of child
Right (NCPCR)
State commission for protection of child
Rights (SCPCR)
Salient features of RTE Act, 2009.
RTE Act ,2009 Based Proposed Interview
Question For Head Teachers/Principal /Parents.

RIGHT TO EDUCATION

INTRODUCTION- The Right of Children to Free and

Compulsory Education Act or Right to Education Act
(RTE), is an Act of the parliament of India enacted on 4
August 2009, which describes the modalities of the
importance of free and compulsory education for children
between 6and 14 in India under Article 21A of the Indian
constitution. India become one of the 135 countries to
make education a fundamental right of every child when
the act came into force on 1 April.

BRIEF CONCEPT OF RIGHT TO EDUCATION ACT

2009-The constitution (Eighty-six Amendments Act
2002, inserted 21-A in the constitution 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 represent 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 1April 2010. The title of the RTE Act
incorporates the word `Free and compulsory. `Free
education means that no child ,other than a child who
has been admitted by his or her parent to a school
which is not supported by an appropriate government ,
shall be liable to pay any kind of fee or charges or
expenses which may prevent him or her from pursuing
completing elementary education .`Compulsory
education castes 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 Government to implement this fundamental
child right as enshrined in Article -21A of the
constitution, in accordance with provision of the RTE
Act.

Historical background of rte 2009 The demand for

education in India can be traced back to the early
stages of freedom struggle in British India. It
subsequently became an integral part of the freedom
struggle. The first law on compulsory education was
introduced by the state of Baroda in 1906. In 1910
resolution moved by Krishan Gokhle in the imperial
Legislative Council seeking free and compulsory
primary education. In 1937, at the All India National
Conference on Education held at Wadhra, Gandhi
mooted the idea of self-supporting `basic education for
a period of several years through vocational and
manual training. Free and Compulsory Education made
its way into the constitution as a directive principal of
state policy under the former Article 45, whereby state
were required to ensure that free and compulsory
education was provided to all children till the age of
fourteen. KOTHARI COMMISSION (1964) The
commission in its report in 1964-66 recommends the
establishment of a common school system for all
children irrespective of their class, caste, religion or
linguistic background. The commission stated that in
order to fulfill this purpose, neighborhood schools be
established in all localities. It also recognized that this

way was the only way we can promote social harmony

and equality of education .
THE NATIONAL POLICY ONEDUCATION, (1968)-It
laid stress on the need for a radical reconstruction of
the education system, to improve its quality at all
stages, and gave much greater attention to science
and technology, the cultivation of moral values and a
closer relation between education and the life of the
people.
THE NATIONAL POLICY FOR CHILDREN,1974 It
was founded on the conviction that child development
programmes are necessary to ensure equality of
opportunity to these children to provide adequate
services to the children, both before and after birth and
though the period of growth, to ensure their full
physical, mental and social development.

NATI0NAL POLICY ON EDUCATION, (1986)- It

translate the vision of Radhakrishnan Commission and
Kothari Commission in five main goals for higher
education, as enumerated below; which include Greater
Access, Equal Access, Quality and Excellence,
Relevance and Value Based Education. According to
Article 45 of the constitution The State shall endeavor
to provide, within a period of ten years from the date of

commencement of this constitution, for free and

compulsory education for all children until the age of
fourteen years. India became signatory to UN on
rights of child in 1992. The supreme court in the case
of Unnikrishnan vs. State of Andhra Pradesh asked to
honour the command of Article 45 of the constitution. A
landmark development in the matter of right to primary
and secondary education is the passing and
incorporation of the constitution Act 2002. It inserted a
new Article-21A that states that,` That State shall
provide free and compulsory education to all children of
the age of six to fourteen years in such a manner as
the state may by the law , determine . It substituted
Article 45 : The state shall endeavor to provide early
childhood care and education for all children until they
complete the age of six years. A new fundamental
duties was added in Article 51 A, so that it shall be the
duty of every citizen of India 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 and fourteen years. The right of any section of
every citizen , under Article 29(1) having distinct
language , script or culture of their own to conserve the
same entitles them to establish and maintain
educationl institution for this purpose. The right of
religion and linguistic minorities to establish and
administer educational institution for their choice under
Art.30(1) also provide a basis and opportunity for
education. The rough draft of the education bill was
composed in year 2005. It received much opposition
due to its mandatory provision to provide 25%
reservation for disadvantaged children in private

schools. The sub- committee of the central Advisory

Board Education which prepared the draft bill held this
provision as a significant prerequisite for creating a
democratic and egalitarian society. Indian Law
commission had initially proposed 50% reservation for
disadvantaged student in private schools. The
Government has finally come over all the odds and
given effects to Right to Education Act. The very first
step toward the achievement of right to education as
fundamental right is enactment of Right of Children to
Free and Compulsory Education Act ,2009. On 1st April,
2009 India joined an elite group of 135 countries which
give high regard to the fundamental rights of its
citizens. It was a historical step making a law which
promise education a fundamental right of every child
come into force.
SIGNIFICANCE OF RTE ACT The passing of Right of
children to free and compulsory Education Act 2009
makes a historical moment for the children in India.
This act serves as a building block to ensure that every
child has his/her right to get quality education and that
the state with the families and communities to fulfill
this obligation,
Salient features of RTE Act 2009:
1. Free and compulsory education to all the children of
India in the 6
to 14 age group.

2. No child shall be held back, expelled or require to

pass a board examination until the completion of
elementary education.
3. If a child above 6 years of age has not been admitted
in any school or could not complete his or her age.
However , if a case may be where a child is directly
admitted in a class appropriate to his or her age ,
then ,in order to be at par with others , he or she
shall have a right to receive special training within
such time limits as may be prescribed. Provided
further that a child so admitted to elementary school
shall be entitled to free education till the completion
of elementary education even after 14 years.
4. Proof of age of admission: For this purpose of
admission to elementary education , the age of a
child shall be determined on the basis of birth
certificate issued in accordance with the provision of
birth, Death and Marriages Registration Act 1856, or
on the basis of such other documents as may be
prescribed. No. child shall be denied admission in the
school for lack of age proof .
5. A child who completes elementary education shall be
awarded a certificate.
6. Call need to be taken for a fixed student teacher
ratio.
7. Twenty five per cent reservation for economically
disadvantaged communities in admission to class 1
in all private schools is to be done.
8. Improvement in the quality of education is important.
9. School teacher will need adequate professional
degree with in five year or else will lose job.

10.
School infrastructure need to be improved in
every 3 years, else recognition will be canceled.
11.
Financial burden will be shared between the
state and the central government.

Key factors responsible for successful implementation

of RTE Act 2009:
1.Rte provides a ripe platform to reach the unreached
specific provision for the disadvantaged groups such as
child labour, migrant childre , child with special needs,
etc.
2.RTE focuses on the quality of teaching and learning
which requires accelerated efforts and substantial
reforms.
3.Creative and sustained initiatives are crucial to train
more than one million new and untrained teachers with
In the next 5 years and to reinforce the skills of inservice teachers to ensure child friendly education.
4.Families and communication also have large role to
play to ensure child friendly education for each and
every one of 190 million girls/boys in India who should
be in elementary schools today .
5.Disparities must be eliminated to assure quality with
equality. Investing in pre-schools is a key start in
meting goals.
Education in India constitution is the concurrent issue
and both center and state can legislate the issue. The
Act lays down specific responsibilities for the center,
state, and local bodies for its implementations. The

state has been clamoring that they lack financial

capacity to deliver education of appropriate standard in
all the schools needed for universal education. Thus it
was clear that the requirements and funding initially
estimated that Rs. 1710 billion or 1.71 trillion across
five years was required implement the act , and in April
2010 the central government agreed to sharing the
funding for implementing the law in the ratio 0f 65 to
35 between the center and the states, and a ratio of 90
to 10 for the north-eastern states. However , in the mid
2010 this figure was upgraded to Rs. 2310 billion, and
the center agrees to raise its share to 68% . But there
is confusion on this as the media reports stating that
the centers share of the implementation expanses
would now be 70%. At this rate, most states may not
need to increase their education budget substantially. A
critical development in 2011 has been the decision
taken in principal to extend the right to education till
class X and into the implication of making these
changes.

RTE Act ,2009 Based Proposed Interview

Questions For Head Teachers:
1.Do you think that a developing country like India can
afford the infrastructure required to implement the RTE
in its true spirit ?

2.Since RTE children come from weaker section , how

willing parents to forget their childrens earning to
make them study in schools? Are they willing to take
the risk?

3.Do you think that the 25% reservation in private

schools is justified?

4.Do you think that RTE quota in private schools is

effectively by parents? How many of them drop out
after a year or a few months?

5.Do you think that school and teachers will be able to

treat the RTE students exactly as other students even if
you intend to ?

6.Does school provide training to teachers to deal with

different children?

7.What type of infrastructural facilities are provided for

RTE children?

8. Are you able to sensitize the school employees that

they need to give their 100% to ensure that these
children come up to mark? In what way the seats are
allotted to the children under RTE Act , 2009?

9.Do you feel that there is no difference between other

children and RTE children in the class?

10.Are they able manage in ease?

11.Have you observed any socio-economic factor

causing problem in school environment for RTE
children?

12.Asa management person, do you think this

reservation policy is helpful in bringing 100% literacy?

13.What is the mechanism available if RTE is violated?

14.Does the school have the provision for SMC,s?

15.Do you feel that SMC,s can actualize the intent of

RTE Act?
16.If a child Is denied admission, beaten up or
discriminated against, or his /her right is violated in any
manner , what will be the redressal mechanism ?

17.If there are no Board examination , how will children

be certified when they complete elementary education?

18. What provision do you have in the school to help

following children:
a. Scheduled caste
b. Scheduled tribe
c. Children belonging to weaker section / other
backward class
d. Sensory handicapped including visual and hearing
challenges
e. Locomotors challenged / handicapped
f. Mentally challenged / handicapped.
Interview questions for teachers:
1. What do you know about Right to Education Act 2009?

2. Has the school sensitized the teachers/ employees

towards inclusiveness?

3. Would it be possible for for a teacher to teach the

group of student with different academic and social
level in the same class room?

4. What kind of training did you receive in the use of

different aids and application for disabled children?

5. Do you think that the school and the teachers will be

able to to treat RTE students exactly as others?

6. Do you take extra classes/ remedial classes before /

after school hours to bring these children up to the
level of others in the class?

7. Is it fair to put a grade 1 student in the regular class

without any prior knowledge just because of his age
according to RTE rules?

8. RTE addresses the education of ages 6-14 years. Do

you feel that their preschool education should be a
major concern?

9. Do you find communication with RTE parents easy?

10. Can RTE children communicate with you and their

classmates and are they open and happy?

11. Do they submit their assignments regularly and the

quality of assignment are good?

12. Are the RTE children able to understand what is being

taught in class?

13. Have you observed any socio- economic factors

causing problems in classrooms environment for
children?

14. Have you counseled any child belonging to

(SC/ST,EWS Physically handicapped ) category to fulfill
avail his /her rights under RTE? If so how?,

15. Were able to convince them?

16. As a teacher do you think this is reservation policy is

helpful to children?

17. Is it true that no child can be expelled or failed?

18. What assessment procedure do you use for different

categories of children with disabilities?

19. What are the constraints and challenges in the

implementation of RTE Act 2009 for children of these
cateogries?

20. What are your suggestion for proper implementation

of RTE Act 2009 for children?

Interview questions for parents:

1. Were aware of RTE policy and how?

2. Did the school treat you well and explained every

thing when you approach for admission?

3. Does the school charge any capitation fee from

you?

4. Do they follow any screening procedure for

admission?
5. Are you a member of SMC?

6. Did the school deny admitting your child under RTE

provision?

7. Do you think that the school and the teacher are

treating your equally as others?

8. Do you think your is coping well with the academic

demands?

9. Do you think your child is developing any kind of

complex because she/he is not able to come to the
non RTE children level?

10. Is your child is able to do homework without any

help?

11. Do teachers take extra efforts to help your child

at school?

12. Are you comfortable to go to PTM,s at school?

13. Are you able to manage with school

communication in the form of SMS,s ,email,
management system etc?
14. Is your child getting good marks and progressing
well academically?

15. Have you observed any depression or sadness in

your child?

16. Is the overall school environment comfortable

encouraging for you?

17. What are your suggestion for implementing RTE

Act 2009?