Right of children to free and compulsory education act, 2009

The Right of Children to Free and Compulsory Education Act, 2009, also known as the Right to Education Act (RTE Act), a Fundamental Right under Article 21A of Indian Constitution. The major highlights of the RTE Act are: • It ensures free & compulsory education to all children within the age group of 6 to 14. • No school fees, capitation fees, charges or expenses are to be paid by a child to get elementary education. • The child or his parents are not to be subjected to any screening procedure for admission to school • Special training provision for a child of above six years not been admitted to any school or, unable to continue studies, to bring him par with his class and to be admitted in an age appropriate class. In such cases, the child can continue beyond 14 years to complete his/her elementary education. • If a school does not provide facility to complete elementary education then a child of that school can take a transfer to any other government (govt.) or government-aided school. • Each child is also entitled to free text books, writing material and uniform. • The appropriate govt. which means central or state government and its affiliates have to provide a school within 1 km walking distance for children in classes I to V and within 3 kms for those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’. • The government has the responsibility to undertake school mapping to determine the location of the school. • 25 percent of the seats in priv...

The Right of Children to Free and Compulsory Education Act (RTE) was enacted in 2009 to provide free and compulsory education to all children between six and 14 years of age. It was subsequently amended in 2014, 2015 and 2017. The legislation follows from the 88th Constitutional Amendment of 2002 that recognised the right to education as a fundamental right. It directs the central and state governments as well as the local authorities to work together to ensure that all children (aged 6-14) have access to quality elementary education for free. It holds the relevant governments responsible for the availability of funds, infrastructure, teachers, syllabi and so on. Interestingly, the Act also requires all private schools to reserve 25 per cent of their seats for students who live in the vicinity and are from the weaker sections of society. It prohibits unrecognised schools from practice, bars charging capitation fees or donations for admission, and forbids children from being expelled, held back or required to pass a board exam till the completion of elementary education. What does the right to free education entail? According to Section 3 of the RTE Act, a child has the right to get a free education at a neighbourhood school. He/she also has the right to not have to bear any kind of expense that could prevent him/her from pursuing elementary education, including on text books, uniforms and so on. • What are the obligations of the government? Section 8 of the Act defines “co...

Highlights of the Bill • The Right to Education Act, 2009 prohibits detention of children till they complete elementary education i.e., class 8. The Bill amends this provision to state that a regular examination will be held in class 5 and class 8 at the end of every academic year. If a child fails the exam, he will be given additional instruction, and take a re-examination. • If he fails in the re-examination, the relevant central or state government may decide to allow schools to detain the child. Key Issues and Analysis • There are differing views on whether children should be detained for failing examinations in elementary school. Some argue that automatic promotion reduces incentive for children to learn and for teachers to teach. Others argue that detaining a child leads to drop outs and does not focus on the systemic factors that affect learning such as quality of teachers, schools, and assessment. • Provisions of the Bill regarding assessment and detention are at variance with what most states have demanded. In this context, the question is whether these decisions should be taken by Parliament or left to state legislatures. • It is unclear as to who will conduct the examination (which may lead to detention): centre, state, or the school. PART A: HIGHLIGHTS OF THE BILL Context Under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, all children between the ages of six and 14 years have the right to elementary education (class 1-8) in a neighbou...

The Right of Children to Free and Compulsory Education Act, 2009, also known as the Right to Education Act (RTE Act), a Fundamental Right under Article 21A of Indian Constitution. The major highlights of the RTE Act are: • It ensures free & compulsory education to all children within the age group of 6 to 14. • No school fees, capitation fees, charges or expenses are to be paid by a child to get elementary education. • The child or his parents are not to be subjected to any screening procedure for admission to school • Special training provision for a child of above six years not been admitted to any school or, unable to continue studies, to bring him par with his class and to be admitted in an age appropriate class. In such cases, the child can continue beyond 14 years to complete his/her elementary education. • If a school does not provide facility to complete elementary education then a child of that school can take a transfer to any other government (govt.) or government-aided school. • Each child is also entitled to free text books, writing material and uniform. • The appropriate govt. which means central or state government and its affiliates have to provide a school within 1 km walking distance for children in classes I to V and within 3 kms for those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’. • The government has the responsibility to undertake school mapping to determine the location of the school. • 25 percent of the seats in priv...

The Right of Children to Free and Compulsory Education Act (RTE) was enacted in 2009 to provide free and compulsory education to all children between six and 14 years of age. It was subsequently amended in 2014, 2015 and 2017. The legislation follows from the 88th Constitutional Amendment of 2002 that recognised the right to education as a fundamental right. It directs the central and state governments as well as the local authorities to work together to ensure that all children (aged 6-14) have access to quality elementary education for free. It holds the relevant governments responsible for the availability of funds, infrastructure, teachers, syllabi and so on. Interestingly, the Act also requires all private schools to reserve 25 per cent of their seats for students who live in the vicinity and are from the weaker sections of society. It prohibits unrecognised schools from practice, bars charging capitation fees or donations for admission, and forbids children from being expelled, held back or required to pass a board exam till the completion of elementary education. What does the right to free education entail? According to Section 3 of the RTE Act, a child has the right to get a free education at a neighbourhood school. He/she also has the right to not have to bear any kind of expense that could prevent him/her from pursuing elementary education, including on text books, uniforms and so on. • What are the obligations of the government? Section 8 of the Act defines “co...

Highlights of the Bill • The Right to Education Act, 2009 prohibits detention of children till they complete elementary education i.e., class 8. The Bill amends this provision to state that a regular examination will be held in class 5 and class 8 at the end of every academic year. If a child fails the exam, he will be given additional instruction, and take a re-examination. • If he fails in the re-examination, the relevant central or state government may decide to allow schools to detain the child. Key Issues and Analysis • There are differing views on whether children should be detained for failing examinations in elementary school. Some argue that automatic promotion reduces incentive for children to learn and for teachers to teach. Others argue that detaining a child leads to drop outs and does not focus on the systemic factors that affect learning such as quality of teachers, schools, and assessment. • Provisions of the Bill regarding assessment and detention are at variance with what most states have demanded. In this context, the question is whether these decisions should be taken by Parliament or left to state legislatures. • It is unclear as to who will conduct the examination (which may lead to detention): centre, state, or the school. PART A: HIGHLIGHTS OF THE BILL Context Under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, all children between the ages of six and 14 years have the right to elementary education (class 1-8) in a neighbou...

The Right of Children to Free and Compulsory Education Act, 2009, also known as the Right to Education Act (RTE Act), a Fundamental Right under Article 21A of Indian Constitution. The major highlights of the RTE Act are: • It ensures free & compulsory education to all children within the age group of 6 to 14. • No school fees, capitation fees, charges or expenses are to be paid by a child to get elementary education. • The child or his parents are not to be subjected to any screening procedure for admission to school • Special training provision for a child of above six years not been admitted to any school or, unable to continue studies, to bring him par with his class and to be admitted in an age appropriate class. In such cases, the child can continue beyond 14 years to complete his/her elementary education. • If a school does not provide facility to complete elementary education then a child of that school can take a transfer to any other government (govt.) or government-aided school. • Each child is also entitled to free text books, writing material and uniform. • The appropriate govt. which means central or state government and its affiliates have to provide a school within 1 km walking distance for children in classes I to V and within 3 kms for those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’. • The government has the responsibility to undertake school mapping to determine the location of the school. • 25 percent of the seats in priv...

Highlights of the Bill • The Right to Education Act, 2009 prohibits detention of children till they complete elementary education i.e., class 8. The Bill amends this provision to state that a regular examination will be held in class 5 and class 8 at the end of every academic year. If a child fails the exam, he will be given additional instruction, and take a re-examination. • If he fails in the re-examination, the relevant central or state government may decide to allow schools to detain the child. Key Issues and Analysis • There are differing views on whether children should be detained for failing examinations in elementary school. Some argue that automatic promotion reduces incentive for children to learn and for teachers to teach. Others argue that detaining a child leads to drop outs and does not focus on the systemic factors that affect learning such as quality of teachers, schools, and assessment. • Provisions of the Bill regarding assessment and detention are at variance with what most states have demanded. In this context, the question is whether these decisions should be taken by Parliament or left to state legislatures. • It is unclear as to who will conduct the examination (which may lead to detention): centre, state, or the school. PART A: HIGHLIGHTS OF THE BILL Context Under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, all children between the ages of six and 14 years have the right to elementary education (class 1-8) in a neighbou...

This article is written by Satyaki Deb , a final year B.A.LL.B.(Hons.) student from the Department of Law, Calcutta University. This article provides an exhaustive overview of the Right to Education Act, 2009 (RTE Act) with relevant case laws from an analytical viewpoint. This article has been published by Sneha Mahawar . The A brief overview of the RTE Act Scope and applicability of the RTE Act Irrespective of any differences, the RTE Act provides for all children between the age group of 6-14 years free and compulsory education. Post the Even though this Act extends to the whole of India, regarding the scope and applicability of this Act, there are certain limitations viz: • This RTE Act is subordinate to the provisions of • This Act does not apply to educational institutions imparting primarily religious education like Madrasas, Vedic Pathshalas, etc., as per Significance of the RTE Act The Right to Education Act, 2009 has been pivotal in the domain of education. The importance of this crucial legislation are as follows: • The RTE Act has conferred entitlement upon all children between the age group of six to fourteen years without any bias and this rights-based approach towards implementation of free and compulsory education has cast a legal duty upon the state to implement the fundamental Right to Education of the child. • Not only do the children now have the right to free and compulsory education, but they also have the right to receive such education from qualified...

The Right of Children to Free and Compulsory Education Act, 2009, also known as the Right to Education Act (RTE Act), a Fundamental Right under Article 21A of Indian Constitution. The major highlights of the RTE Act are: • It ensures free & compulsory education to all children within the age group of 6 to 14. • No school fees, capitation fees, charges or expenses are to be paid by a child to get elementary education. • The child or his parents are not to be subjected to any screening procedure for admission to school • Special training provision for a child of above six years not been admitted to any school or, unable to continue studies, to bring him par with his class and to be admitted in an age appropriate class. In such cases, the child can continue beyond 14 years to complete his/her elementary education. • If a school does not provide facility to complete elementary education then a child of that school can take a transfer to any other government (govt.) or government-aided school. • Each child is also entitled to free text books, writing material and uniform. • The appropriate govt. which means central or state government and its affiliates have to provide a school within 1 km walking distance for children in classes I to V and within 3 kms for those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’. • The government has the responsibility to undertake school mapping to determine the location of the school. • 25 percent of the seats in priv...