This document provides a critical analysis of the Right to Education Act 2009 in India. It outlines key provisions of the act related to free and compulsory education for children ages 6-14. However, it also discusses several challenges and criticisms of the act, including lack of sufficient funding, shortage of qualified teachers, poor infrastructure in many schools, and difficulties ensuring quality education. Full implementation of the act will require huge investments and overcoming various social and logistical obstacles.

1. Critical Analysis of Right to
Education Act 2009.
BY,
Dr. S.G.Goudappanavar, Associate Prof,
S.C. Nandimath Law College,
Bagaalkot-567101.
Karanatak.
India.
Id mail-gouri1000@gmail.com
 Cell-N0-9880525605.

2. Right To Education.
“Education is a human right with
immense power to transform. On its
foundation rest the cornerstones of
Freedom, Democracy and
Sustainable Human Development”
Kofi Annan.

3. Constitutional Provisions
Article 41- Within its Economic Capacity -Education.
Article-45-Provide child hood and education-6 years.
Article 51A(K)-Parent’s Duty –Child 6 -14 years.
Article 21-Right to life-includes right to education.
 Mohini Jain v State of Karanta, 1992, Unnikrishan v
Union of India, 1993, T.M. Pai v Union of India.
21-A- state shall provide free and compulsory
education to child who are between 6 and 14.

4. Silent feature of RTE Act 2009.
* Total sections-38- chapters-7
* Capitation fee prohibated.
* Child means more than 6 and less than 14
years.
* Elementary school means from 1 to 8
standard.
* Child belonging to dis-advantaged and
weaker section society.

5. Rights of Child.
* Sec-3-every child has right to free and
compulsory education in neighbor hood school.
* Sec-4-child admission according to his age,
directly to higher class, such child shall be given
special training.
* Sec-5-child has right to take transfer to other
school excluding special school, headmaster
should give transfer certificate, no refusal
admission because of delay in getting TC.

6. Duties of Appropriate Govt, local
Authority and Parents.
Sec-6- appropriate govt and local authority
establish school within 3 years in
neighborhood.
Sec-7-Central and State govt share the
financial burden.
Sec-8- Appropriate govt provide free and
compulsory education, ensure compulsory
admission, attendance, good and quality
education and provide other infrastructure.

7. Continued.
• Sec-9-every local authority should provide free
and compulsory education and other
infrastructure.
• Sec-10- Parent and Guardian shall admit their
children to elementary school in neighborhood.
• Sec-11- Appropriate govt may provide facility
of nursery school to children between 3 to 6.

8. Responsibilities of Schools and
Teachers.
Sec-12-govt school- private aided-
proportionate to funds but subject to
minimum 25/ admit students.
Private unaided school should admit at least
25/ of dis-advantaged and weaker section.
The govt will reimburse their cost of education
on the basis of their calculation.
Sec-13-No capitation fee and Screening
procedure for admission.

9. Continued.
Sec14- No age of proof, on such ground
admission can not be denied.
Sec-15- No denial of admission on the ground
that admission date or extended date is closed.
Sec-16- No child shall be hold back in the same
class or expelled from the school.
Sec-17-No physical punishment and mental
harassment.

10. Continued.
Sec-18-No establishment of school without
certificate of recognition, other wise person
who has started school shall be fined Rs 1
lakh.
Sec 19-No School shall be recognized unless
the standard set in schedule is met, any
continuation after recognition is withdrawal
person punishable up to 1 lakh.
Sec-21-School management committee for
govt school.

11. Continued.
Sec-23-Teacher must possess the qualification
and training as prescribed by the Central
Government. no qualified teacher available
the government may reduce the qualification
for five years.
Sec-24-Teacher and pupil ratio should be
maintained.
Sec-25-Vacancy in teacher post shall not
exceed more than 10/ total strength/

12. Continued.
Sec-27- Teachers shall not assigned any
other work except election, disaster
management and population census.
Sec-30-no child shall required to pass
Board Exam till completes elementary
school.

13. Remedies.
Sec-31-Complaint to National and State
Commission constituted under the Protection
of Child Rights Act 2005.
The Commission takes steps as provided under
section 15 and 24 of the 2005 Act.
Sec-32-Complaints to local authority-takes
decision within 3 months, aggrieved person-
appeal to Commission.
Sec-36-No Prosecution for offence under sec-
13, 18 and 19 without the sanction of the
authority.

18. Criticism.
Act is like a teeth less tiger. Sec-31,-National
or State commission under Protection of
Rights of Child Act, 2005- 32 &36. Right
without remedy.
No fixation of Accountability-Scope for
passing bucks. Sec-6, 7, 8, 9,& 10.
Punishments are not deterrent. No
imprisonment- maximum fine is 1 lakh.
The Sections 18 & 19 not properly drafted
because the word “person” creates confusion-
more clarity.

19. Continued.
Neighborhood Criteria is not appropriate.
Act is not made applicable to minority
institutions. Pramati Educational and
Cultural Trust v Union of India, 2014- SC 2114.
Act assures Pupil right to be promoted-no
holding back-no board exam-relaxation in
the qualification of teacher-no age proof-
admission as per age-not quality education.
One Acre norm is difficult to comply.
Teacher’ election job is not good idea.

20. Challenges. HUGE INVESTMENT.
Estimated Cost for first five year is 2 36 000
Cores.
Sharing-85:15-75:25-65:35-50:50.
Federal Constitution-VII schedule- states are
weak.
First year-HRD estimated amount-49000
cores- recived-21000.
Second year- marginally gone up to 25000
cores.

21. Continued.
Hardly 3 to 4 percent of GDP spent on
education including higher education.-
suggested by expert around 9/
In Karnataka-last two year only 60
percentage of allocated amount is spent-
last year-1598 cores on primary education-
spent amount is 697.

22. Children’s Problem.
28 cores children School going age only 18 cores
admitted to Schools.
Child definition. Juvenile Justice Act. Less than
6 and above 14 year.
Child Labor and Compulsory education is
incompatible.
Street, Sex worker, Begging, migrated or
mobile families children’s education.
Section 8, 9, and 10 puts obligation to ensure
Child Education.

23. Neighborhood.
♣1.29 Million Schools are required.
∗ 8/ habitants and 7/ slums children do not
have schools within 1 km.
∗ 12/ school do not have all weather roads.
∗ Right to education is illusion to minority
and tribunal community in conflict zones.

24. Appointment and Quality of
Teacher.
RTE requires still 12 lakh teachers but only
sanctioned 6 lakh that also not filled.
Section 23 is silent about education
qualification and salary.
20/ teacher without professional qualification.
It is too worst in Bihar, UP MP and West Bengal
and Odisha.
Section 26- Authorities must ensure that
vacancy shall not exceed more than 10/.

25. Quality of Education.
Ensure good quality education.
 Teacher ratio-1:30- 9/ schools run by one
teacher.
Drop out rate is 9.1/ has bought down to 6.8/ in
2010-11.
Absenteeism is common.
63/ students of 3rd
class could not identifies
words and 21/ students could not read
paragraph

26. Poor Infrastructure.
Section 19- Norms of Schedule within 3
years by all school.
Most of the school do not have –one Acre
area is difficult to comply
building, play ground, water drinking
facility, latrine facility, no compound, no
library facility and modern learning
instrument.
One school in 10 private school comply
norms.