The document outlines the Right to Education (RTE) Act of 2009 in India, detailing its objectives, provisions, and historical context, particularly the education-related constitutional amendments. It underscores the significance of providing free and compulsory education to children aged 6-14, emphasizing the roles of teachers, schools, and stakeholders in implementation. The RTE Act aims to ensure inclusive, quality education while protecting children's rights and fostering a child-friendly learning environment.

1. (Credit: 1,
Hours: 15,
Marks: 25)
MODULE: 3
UNDERSTANDING RIGHT
TO EDUCATION

2. After learning this module the student teacher will be able to-
 - explain the nature of RTE.
 - elaborate the objectives and features of RTE.
 - elaborate the provisions of RTE.
 - create teaching and evaluation strategies for RTE
 - explain duties and responsibilities of school and teachers
 - evaluate the role of stakeholder, parents, media and
government organization in implementation of RTE.
OBJECTIVES

3.  1. Nature, need and importance of RTE in India.(2)
 2. History of RTE: Directive principles of state policy, laws and
commission regarding Indian education, UNO declaration
about child‘s Rights, RTE ACT 2009.(3)
 3. Objectives and Features of RTE Act2009.(2)
 4. Provisions of RTE Act 2009(3)
 5. Teaching learning and evaluation strategies in RTE (2)
 6. Duties and responsibilities of school and teachers(2)
 7. Role of stakeholder, parents, media (1)
CONTENT

4.  The passing of the Right of Children to Free and Compulsory
Education (RTE) Act 2009 marks a historic moment for the
children of India.
 This Act serves as a building block to ensure that every child
has his or her right (as an entitlement) to get a quality
elementary education, and that the State, with the help of
families and communities, fulfils this obligation.
 Few countries in the world have such a national provision to
ensure both free and child-centred, child-friendly education.
SIGNIFICANCE OF RTE FOR INDIA

5. Imp.
of RTE
Protect
Child
Rights
Education
with
Expenses
Elementary
Education
Legal
Framework
to the
Education
Inclusion of
all children
NATURE, NEED AND IMPORTANCE OF RTE
IN INDIA

6.  The United Nations Declaration of the Rights of the Child, 1959
provided 10 principles to affirm the rights of the child and one
among them is the right to receive education.
 India is a party to the Declaration.
 Accordingly, India adopted a National Policy on Children in 1974.
 The policy reaffirmed the constitutional provisions for adequate
services to children, both before and after birth and through the
period to ensure their full physical, mental and social
development.
 The Department of Women and Child Development under the
Ministry of Human Resource Development has formulated a
National Plan of Action for Children.
 The priority areas of the plan are health, nutrition, education,
water, sanitation and environment.
HISTORY OF RTE: DIRECTIVE PRINCIPLES OF STATE POLICY,
LAWS AND COMMISSION REGARDING INDIAN EDUCATION,
UNO DECLARATION ABOUT CHILD‘S RIGHTS, RTE ACT 2009

7. HISTORY OF ARTICLE 21A OF THE
CONSTITUTION
•86th Amendment Act (2002) via Article 21A (Part III) seeks to make free and
compulsory education a Fundamental Right for all children in the age group 6-14
years.
December 2002
•A first draft of the legislation envisaged in the above Article, viz., Free and
Compulsory Education for Children Bill, 2003, was prepared and posted on this
website in October, 2003.
October 2003
•A revised draft of the Bill entitled Free and Compulsory Education Bill, 2004
2004
•The CABE (Central Advisory Board of Education) committee drafted the ‘Right to
Education’ Bill and submitted to the Ministry of HRD and PM.
June 2005
•The finance committee and planning commission suggested modifications funds
and a Model bill was sent to states for making the necessary arrangements.
14th July 2006
•RTE Bill, 2008, passed in both Houses of Parliament in 2009 and President's
assent.
August 2009
•Article 21-A and the RTE Act come into effect
1st April 2010

8.  Schools -Norms and standards specified
 Infrastructure PTR School days; working days for teachers
 Facilities Community participation ensured through SMC comprising
elected reps, teachers and parents
 ¾ members from among parents of children in the school; 50% women
Proportionate representation to weaker and deprived sections
 SMC to plan, manage and monitor – in collaboration with the local
authorities
 No capitation fees Penalty: fine upto 10 times the capitation
 No screening for admission Penalty: fine of Rs 25,000 for 1 st
contravention and Rs 50000 for each subsequent contravention.
 No school without recognition -Penalty: Rs one lakh; in case of
continuing contravention, penalty of Rs 10,000 for day
 All unaided schools to provide free education to at least 25% children
from the neighbourhood – as a measure of ensuring common schooling
Costs reimbursed @ per child expenditure incurred by the State or
actual fee charged, whichever is less
LAWS FOR EDUCATION

9.  The Directive Principles of State Policy are guidelines to the
central and state governments of India, to be kept in mind
while framing laws and policies.
 They aim at achieving social and economic democracy for
establishing a welfare state.
 Directive Principles are classified under the following
categories:
Gandhian,
economic and socialistic,
political and administrative,
justice and legal,
environmental,
protection of monuments and peace and security.
DIRECTIVE PRINCIPLES OF STATE POLICY

10.  A. Lord Macaulay’s Minute:1813
 B. Wood’s Dispatch on Education, 1854:
 C. The Indian Education Commission 1882:
 D. The Indian University Act, 1904:
 E. The Government of India Resolution of 21 February 1913:
 F. The Calcutta University Commission, 1917-19:
 G. The Hartog Committee, 1929:
 H. Wardha Scheme of Basic Education:1937
 I. Sargent Report, 1944:
LAWS AND COMMISSION REGARDING
INDIAN EDUCATION

11. At the dawn of freedom in August 15, 1947, our leaders had to face
problems of gigantic nature, and educating millions of illiterates was one
of the major problems. In 1950 a new constitution was adopted laying
the foundations of a democratic republic, securing to all the citizens
justice, liberty, equality and fraternity. respect of universalizing
education, it has proclaimed equality of opportunity for all.
 University Education Commission 1948:
 Secondary Education Commission (1952):
 Education Commission (D.S. Kothari) 1964-66:
 Banaras Hindu University Inquiry Committee 1969:
 Draft National Policy on Education (1979):
 National Policy On Education - 1986.
 National Policy On Education - 1986 And 1992.
 SSA-2008
 RTE-2009
 RMSA-2009
POST INDEPENDENCE EFFORTS FOR
EDUCATION

12.  The Right of Children to Free and Compulsory Education Act or
Right to Education Act (RTE) , which was passed by the Indian
parliament on 4 August 2009, describes the modalities of the
provision of free and compulsory education for children
between 6 and 14 in India under Article 21A of the Indian
Constitution. India became one of 135 countries to make
education a fundamental right of every child when the act
came into force on 1 April 2010.
WHAT IS RTE?

13.  The main objective of the RTE Act is to ensure that each child
in India receives quality elementary education irrespective of
their economic or caste background; this includes children
who are forced to drop out of school.04-Dec-2018
 Main Features of Right to Education (RTE) Act, 2009
 Free and compulsory education to all children of India in the 6
to 14 age group.
 No child shall be held back, expelled or required to pass a
board examination until the completion of elementary
education.
OBJECTIVES AND FEATURES OF RTE

14.  1. Compulsory and free education for all.
 2. The benchmark mandate
 3. Special provisions for special cases
 4. Quantity and quality of teachers
 5. Zero tolerance against discrimination and harassment
 6. Ensuring all round development of children
 7. Improving learning outcomes to minimise detention
 8. Monitoring compliance of RTE norms
 9. Right to Education Act is justiciable
 10. Creating inclusive spaces for all
PROVISIONS OF RTE

15.  The Right to Education Act mandates that no child can be held
back or expelled from school till Class 8.
 On completion of class 8 a child is to be given a certificate
stating that s/he has completed the course.
 To improve performances of children in schools, the Right to
Education Act introduced the Continuous Comprehensive
Evaluation (CCE) system in 2009 to ensure grade appropriate
learning outcomes in schools.
 No physical punishment or mental harassment of the child
while in school. (“Spare the rod and spoil the child” ?)
 No disciplinary action ; no expulsion of students is possible.
TEACHING, LEARNING AND EVALUATION
STRATEGIES IN RTE

16. Section 29 and 30 Lay the Clauses-
 The curriculum and the evaluation procedure for elementary education shall
be laid down by an academic authority
 a) conformity with the values enshrined in the Constitution;
 b) all round development of the child‘
 c) building up child's knowledge, potentiality and talent;
 d) development of physical and mental abilities to the fullest extent;
 e) learning through activities, discovery and exploration in a child friendly and
child-centered manner;
 f) medium of instructions shall, as far as practicable, be in child's mother
tongue;
 g) making the child free of fear, trauma and anxiety and helping the child to
express views freely;
 h) comprehensive and continuous evaluation of child's understanding of
knowledge and his or her ability to apply the same.
 The Right to Education Act mandates that no child can be held back or
expelled from school till Class 8.
 No child shall be required to pass any Board examination till completion of
elementary education.
 Every child completing his elementary education shall be awarded a
certificate, in such form and in such manner, as may be prescribed.
T-L AND E

17. Section 24 of the Act “Duties of Teachers” envisages that :
 (a) maintain regularity and punctuality in attending school:
(b) conduct and complete the curriculum
 (c) the complete entire curriculum within the specified time;
 (d) assess the learning ability of each child and accordingly
supplement additional instructions, if any, as required;
 (e) hold regular meetings with parents and guardians and
apprise them about the regularity in attendance, ability to learn,
progress made in learning and any other relevant information
about the child; and
 (f) perform such other duties as may be prescribed.
 Qualification is mandatory.
 Prohibits private tuitions
 Prohibits deployment of teachers for non academic work- except-
Disaster Relief, Census and Elections
DUTIES AND RESPONSIBILITIES OF
TEACHERS

18. 1. All Government schools shall provide free and compulsory education to all
children
2. Government aided institutions shall provide free and compulsory education
to such percentage of students in elementary classes which equals the
percentage of recurring aid received by it from the Government to the
annual recurring expenditure incurred by the school, subject to a minimum
of 25%
3. Private unaided institutions and special category schools shall provide free
and compulsory education to at least 25% children belonging to
disadvantaged groups and weaker sections admitted to class I
4. RTE Provides that no school or person shall collect capitation fee or subject
a child to any screening procedure,
5. ensure that schools adopt an admission procedure that is non-
discriminatory, rational and transparent. No Student & Parent Interview.
6. Prohibition of schools from denial of admission to a child, irrespective of
the time in the academic year in which admission is sought.
7. Holding back and expulsion of a child from school till the attainment of
elementary education is prohibited.
8. Prohibition of any child being subjected to physical punishment or mental
harassment.
DUTIES AND RESPONSIBILITIES OF
SCHOOL

19.  School buildings cannot be used for non-educational purpose.
 Every school, other than an unaided school, must have a School
Managing Committee.
 75% of the members must be parents/guardians of the children.
 No school can be established without obtaining certificate of
registration.
 Teacher-Pupil Ratio:–For Classes I-V –1:30 and For Classes VI-VIII –
1:35
 Full Time – Science and Mathematics, Social Studies, Language
 Part Time – Art Education, Health & Physical Education, Work
Education
 Building :all weather building : separate toilets for boys & girls : safe
and adequate drinking water: kitchen for MDM : playground: secured by
boundary wall:
 Minimum working Days –For Classes I-V = 200 and for classes VI-VIII =
220
 Minimum Working Hours per week for teachers –– 45 (including
preparation hours).
 Provide – Teaching-Learning Equipment - Library- Games & Sports and
other play materials.
RULES FOR SCHOOLS

20.  The rules have a role for every stakeholder.
 The composition and functions of the School Management
Committee (SMC) have been given more strength. The rules
mandate that every school, other than an unaided school,
should have not less than nine members within its jurisdiction
on the committee, with 75 per cent of the strength comprising
parents or guardians of children.
 Such community participation will be crucial to ensuring a
child friendly “whole school” environment through separate
toilet facilities for girls and boys and adequate attention to
health, water, sanitation and hygiene issues.
 Regular Parent-Teacher Met to be arranged by the schools
ROLE OF STAKEHOLDER, PARENTS IN RTE

21.  Media & Community Mobilization
 Telling the society about Functions of SMC members
 School Development Plan
 Substance Abuse
 Community Participation
 Role of SMC members in various activities in schools
ROLE OF MEDIA IN RTE

22.  UNESCO welcomed the historic Right.
 Children Benefited Approx. 22 crore children fall under the
age group 6-14.
 It provides for the development of curriculum in consonance
with the values enshrined in the Constitution
 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 education.
 Improved literacy rate.
BENEFITS OF RTE

23.  http://egyankosh.ac.in/bitstream/123456789/9902/1/Unit-
8.pdf
 https://www.academia.edu/6483737/Right_to_Education_Act
 http://egyankosh.ac.in/bitstream/123456789/9902/1/Unit-
8.pdf
 https://www.oxfamindia.org/blog/10-things-rte
 https://www.slideshare.net/rbharmouri/right-to-education-
46920332
REFERENCES