2. Art 21-A inserted in Fundamental Rights as per 86th
Constitutional Amendmnet:
The State shall provide free and compulsory
education to all children of the age of 6 to 14
years in such manner as the State may, by
law, determine.
Consequential legislation::
The Right of Children to Free and Compulsory Education Act,
2009.
Presidential assent received on 26th August, 2009.
3. To free and compulsory admission, attendance and
completion of EE.
Free: no child liable to pay any fee/expense
preventing her from pursuing and completing EE.
Compulsion: on the state; parental duty to send
children to school.
Not enrolled/dropout children be admitted to age
appropriate class.
No child shall be failed or expelled upto class 8
Bars physical punishment and mental harassment.
Prohibition of denial of admission .
4. Age group: 6- 14 years
Coverage: Elementary Education (upto class 8)
Free & compulsory education in a neighbourhood
school
Ensure compulsory admission, attendance &
completion of elementary education
Ensure ‘good quality’ elementary education
Ensure that children from weaker and
disadvantaged group are not discriminated
against
5. Child to be admitted to ‘age- appropriate’ class and has the
right to receive ‘special training’ to come at par with other
children.
Aided and private schools: 25% reservation for weaker &
disadvantaged children.
Schools to get reimbursement for this expenditure.
Govt. may provide free pre-school education.
25% reservation for weaker/ disadvantaged children applies
here as well.
6. No capitation fee/ screening procedure for child or parents.
No child can be held back or expelled from school
No physical punishment/ mental harassment of children
Teachers: Minimum qualifications needed. Assess learning
ability of each child and regularly meet parents
School Management Committee-
■ with 3/4th parents/ guardians
■ Half the members should be women
7. Education is now a fundamental right for a child in India in
the age group 6-14 years.
All aspects of the Act should be justiciable as a
Fundamental Right i.e. violation of any clause of the Act
can be taken up in court by any citizen – not just the
person/s directly involved and adversely affected.
There will be no discrimination of any kind when it comes
to enrolment
Necessary number of neighbourhood schools shall be built in
all communities within three years
8. Norms and standards for all schools (government and
private), including teacher qualifications, will be detailed
without which no school will be recognized
Appropriate pupil- teacher ratio within 6 months
Private schools will have to reserve 25% of their seats for the
disadvantaged and weaker sections
Overall, RTE is a well conceptualized and comprehensive
Act, covering various stakeholders who have an influence on
child’s education- parents, community, teachers, schools
and the government
9. Major concern: implementation in the right spirit
The Act protects the government against legal proceedings
for anything which is done in ‘good faith’ for RTE
Mechanisms to ensure ‘good quality’ education
Child labour Act- various areas of conflict
Education for children under 6 (ECE) is optional
Disadvantaged children treated as a homogenous group-
various categories and different needs for each
Assumptions: child at home & in a family. Ensuring specific
needs of street children or those who migrate?
SMCs- private schools exempted/ minority institutions
(advisory role)
10. Funds to be shared between Central & State governments-
provisioning is not clear
Government’s accountability is not clear
Provisions like ‘Special training’ rest with SMC/ Local
authority, which are completely different bodies
11. ‘Special training’ for bringing children in age-appropriate
classes: school’s responsibility
Ensuring students achieve the right learning level till class
8: Comprehensive and continuous evaluation of each child
Teacher recruitment and training
Re- positioning of NGOs: Recognition of NGO- run schools.
Space for mobile schools/ informal centres?
25% reservation for disadvantaged children: selection
criteria
Teacher training on child- friendly and child- centred
manner of teaching
12. Children with disabilities covered under Persons
with Disabilities (Equal Opportunities, Protection
and Full Participation) Act, 1996.
PWD Act does not cover children with cerebral
palsy, mental retardation, autism and multiple
disabilities, who are covered under National Trust
for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities
Act, 1999.
13. Establishing schools in the neighbourhood
■ Upgrading all EGS / AIE into regular schools
■ Opening schools in unserved areas
Providing additional classrooms and facilities
■ One classroom per teacher; office/store, Head
Teacher room
■ Adequate drinking water
■ Separate toilet facility for girls and boys
■ Barrier free access.
14. Provision of adequate teachers
■ Primary level
■ Childern up to 60 : 2 teachers
3 teachers
4 teachers
:
:
: 5 teachers
: 5 teachers + Headmaster
60-90
90-120
120-150
150-200
> 200 : PTR not to exceed 40 +
Headmaster
Upper Primary level
■ PTR 35:1, 1 teacher per class (Science & math,
Social Studies, Language teacher)
■ Enrolment > 100 – One Head Teacher; Instructor for
Art, Health and Physical Education and Work
Education.
15. Child with disability included in ‘child in
disadvantaged group’. This category includes
children who are SCs, STs, socially &
educationally backward class or group having
disadvantage owing to social, cultural,
economical, geographical, linguistic, gender etc.
Child with autism, cerebral palsy, mental
retardation and multiple disabilities are to be
explicitly covered under RTE Act.
