RIGHT TO EDUCATION ACT 2009

A Presentation byAmrita Sinha

MA (Edu) 2016-17

Background• 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

• 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.

Details• 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 child doesnot require to pay any fee for his or her 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.

Main Provisions of RTE Act 2009

• Apart from the clause on Free and Compulsory Education, 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.

Main Provisions Contd.

• 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.

Main Provisions Contd.

• The Act provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.

• 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,

Main Provisions Contd.• The RTE Act 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.

Challenges in Implementation

• The states are expected to respond to the situation arising out of the implementation of the Act.

• States and UTs are required to pay special attention to cope with the situation in terms of appointment of qualified teachers, development of special training programmes for out-of-school children admitted to age appropriate classes and preparation of relevant teaching learning materials for them.

Challenges in Implementation Contd.

• Similarly, there is an urgent need of taking appropriate steps for inclusive education of children with disabilities by providing teaching-learning materials, aids and appliances in accordance with nature and needs of each disability, suitable infrastructural modifications, training of regular teachers and school-based appointment of special teacher.

• There is also a need for organising programmes for community awareness and attitude change in order to make school for all children. Home-based education has to be given to children suffering from multi-disabilities, severe and profound disability conditions.

Challenges in Implementation Contd.

• Shortage of teachers, alarming pupil-teacher ratio, other official duties assigned to teachers, busyness in training programmes, duties in block level office, making Aadhar cards and voter ID Cards etc, no training of regular teachers in education of children with disabilities and non-availability of special teacher support on daily basis are challenges in the implementation of RTE

Present StatusEven after Seven years of passing the Bill, an

internal Delhi Govt. report says• Poor presence of students• Ignorance among teachers and guardians about

the provisions of the Act• Poor condition of training regarding RTE• Acute shortage of teachers• Malaise of absence of teachers from the schools • No atmosphere of quality teaching and

meaningful teaching-learning process

Way Forward

• RTE Act is a landmark Act that promises free and compulsory Education to Child below 14 years of age.

• The Central, State and the local Govt have to work in unison to achieve the desired end state.

• The Govt at the apex level is aware of the challenges and many effective steps have been taken to realise the dreams.

Thank You