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:

 Right of children to free and compulsory education till completion of

elementary education in a neighbourhood school.
 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.
 It makes provisions for a non-admitted child to be admitted to an age
appropriate class.
 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.
 It lays down the norms and standards relating inter alia to Pupil
Teacher Ratios (PTRs), buildings and infrastructure, school-working
days, teacher-working hours.
What is RTE? The Right of Children to Free and Compulsory Education
Act or Right to Education Act (RTE) , which was passed by the Indian
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. 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.

3. • “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. The government will provide schooling free-of-
cost until a child's elementary education is completed.

4. 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. Local and state government will
ensure it.

5. 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.

6. Protection of RTE Act : 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.
NCPCR/SCPCR have powers assigned under Section14 and 24 of the
Commissions for Protection of Child Rights Act. Where SCPCR not
constituted, appropriate govt. may constitute an authority.

7. Definitions: Section 2 i) Govt. Schools ii) Aided schools iii) School

belonging to specified categories: (Kendriya Vidyalaya, Navodaya
Vidyalaya, Sainik School etc.) iv) Unaided schools Sec. 2 (d) “Child
belonging to disadvantaged group” 2 (e) “Child belonging to weaker
section” 2 (f) “Elementary Education” 2 (h) “Local Authority” 2 (n)
“School - 4 categories of schools”

8. Sec. 3 – Right of child to free and compulsory education in a

neighbourhood school till completion of elementary education.
“Compulsory education means obligation of the state to provide free
elementary education to every child of the age 6-14 years”

9. Sec. 4 – Special provisions for children not admitted to, or who have
not completed, elementary education. Such children are to be directly
admitted in a class appropriate to his or her age and in order to be at par
with others, have a right to receive special training and shall be entitled
to free education till completion of elementary education even after 14
years.

10. Sec. 9 – Describes the duties of the local authority. Sec.10 –

Describes the duty of parents & guardian to admit his or her child/ward
in the neighbourhood school for elementary education. Sec. 11 – States
the duty of the appropriate government to provide for pre-school
education

11. Sec. 12 – Extent of school’s responsibility: (1) to admit children

belonging to weaker sections and disadvantaged group in the
‘neighbourhood’ in Class I at least upto 25% of the strength of the class.
(2) an unaided school will be reimbursed expenditure incurred by it to
the extent of per child expenditure incurred by the State or the actual
amount charged from the child, whichever is less. Reimbursement shall
not exceed per child expenditure incurred by a govt. school. (3) every
school shall provide such information as may be required by the govt. or
local authority.

12. Sec. 13 – No capitation fee to be charged. (The All India Catholic

Education Policy, 2007 also deplores any attempt to commercialize
education and acceptance of capitation fee). No screening either of the
child or of the parents for admission. Sec. 14 – Age of the child is to be
determined on the basis of the birth certificate issued in accordance with
the provisions of the Births, Deaths and Marriage Registration Act, 1886
or Hospital register record or Anganwadi record or even an Affidavit.
No child shall be denied admission in a school for lack of age proof.

13. Sec. 15 – No denial of admission even if the child does not turn up
at the commencement of the academic year. Sec. 16 – No child once
admitted, can be held back or expelled till the completion of elementary
education. Sec. 17 – No child shall be subjected to physical punishment
or mental harassment.

14. Sec. 18 – No school to be established without obtaining certificate of

recognition. Sec. 19 – Schools to fulfill all the norms and standards
specified in the schedule. Sec. 20 – Power of the Govt. to amend the
schedule

15. • 75% from parents/guardians • Of the remaining 25%: • 1/3

members from amongst elected members of the local authority •
1/3members from the teachers of the school to be decided by the
teachers • Remaining 1/3 from amongst local educationists/children in
the school to be decided by the parents in the committee • The SMC
shall elect a Chairperson and Vice-Chairperson from among the parent
members. • The Head Teacher/Senior most teacher of the school shall
be the ex-officio member – convener. • The SMC is to meet at least
once a month and maintain minutes and decisions of the meetings. •
Prepare a 3 year school development plan. Sec. 21 – Every school
should constitute a School Management Committee (SMC) consisting
of: a) Monitor the working of the school, b) Prepare and recommend
school development plan, c) Monitor the utilization of the grants
received from the govt., d) Perform other functions as may be
prescribed. Functions of the SMC. The SMC shall

16. Sec. 22 – Preparation of School Development Plan by the SMC. Sec.

23 – States that the qualification for appointment and terms and
conditions of service of teachers shall be as laid down by the academic
authority authorized by the Govt. Sec. 24 – Duties of teachers. Teachers
shall maintain regularity & punctuality, complete the curriculum, hold
regular meetings with parents/guardians, etc.