Right to Education

Right to Education Act (RTE), 2009

(10 years in 2020)

Also Right of Children to Free and Compulsory Education Act, 2009
Objective: Compulsory and free education of all children in the age group of 6-14 years
Right to Elementary education is applicable to both Citizens and Foreigners
Background

The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”

Hence, the Govt brought RTE Act 2009 as a consequential legislation to effect the 86th CAA

no child (other than those admitted by his/her parents in a school not supported by the government) is liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

It is obligatory on the part of the government to ensure admission, attendance and completion of elementary education by all children falling in the age bracket six to fourteen years.

It mentions the duties of the respective governments, the local authorities and parents in ensuring the education of a child.

No detention policy (mandatory provision removed by Right To Education amendment Act 2019 )

no child admitted in a school shall be held back in any class
Instead of exams, schools are s upposed to hold Continuous and Comprehensive Evaluations (CCE) for every child

Admission of a non-admitted child to a class of his/her appropriate age.
It specifies standards and norms for Pupil Teacher Ratios (PTR), infrastructure and buildings, working days of the school and for the teachers.
It also says there should be no urban-rural imbalance in teacher postings.
Prohibition of the employment of teachers for non-educational work, other than census, elections and disaster relief work.
Curriculum should be developed in coherence with the values enshrined in the Indian Constitution, and that which would take care of the all-round development of the child.
It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.
It also states that sharing of financial and other responsibilities between the Central and State Governments.
All schools (private, unaided, aided or special category) must reserve 25% of their seats at the entry-level for students from the Economically Weaker Sections (EWS) and disadvantaged groups

Also Right of Children to Free and Compulsory Education (Amendment) Act 2019
The Right to Education Act, 2009 prohibits detention of children till they complete elementary education i.e., class 8
The act 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.

As per the amendment, it would be left to the states to decide whether to continue the no-detention policy

TSR Subramanian committee for formulation of the National Policy on Education has also suggested that ‘no detention’ policy should be discontinued af Class V