The document summarizes key aspects of the Right of Children to Free and Compulsory Education Bill passed by the Rajya Sabha in July 2009, which aims to implement Article 21-A of the Indian Constitution. It outlines provisions regarding the right to free education for children aged 6 to 14 years, qualifications for teachers, infrastructure standards for schools, community participation, protection of the rights of children, roles and responsibilities of appropriate government and local authorities, curriculum, and next steps for implementation.

1. The Right of Children to Free and Compulsory Education Bill As passed by the Rajya Sabha on 20 th July 2009

11. Commonly raised issues Exclusion of 0-6 age group; also suggestions for extending Bill to age 18 Bill derived from the 86 th Constitutional Amendment. Hence restricted to 6-14 age group. No explicit reference to child labour Clause 8 casts a compulsion on the State to provide free and compulsory education to every child. Explanation to Clause 8(a): ‘compulsory education’ means obligation of the appropriate Government to provide free compulsory education and ensure compulsory admission, attendance and completion of EE by every child. Far better way of curbing child labour – by legally declaring that every child has to be in school.

12. Commonly raised issues On the inclusion of private schools Forefront of all controversies. One view: Article 21-A states that ‘the State shall provide free and compulsory education’ means that schools which receive no financial aid from the Government should be kept outside the purview of the Bill. Another view: ‘State’ does not merely mean governmental system, but includes government and private systems. Private fee-charging schools are an impediment to the concept of ‘common school system’, and should be brought within the ambit of the legislation. The Bill avoids both these extreme positions: provides for 25% admission to children belonging to weaker sections & disadvantaged groups in the neighbourhood

13. Commonly raised issues Adequacy of norms and standards This is a beginning. Clause 20 of the Bill also provides for the Central Government to amend the schedule by adding to or omitting from the schedule. As we progress the norms and standards can be enhanced. Inclusion of parents in the compulsion laws. Why is there no provision for punishment for parents? Most children who do not attend school are from weaker sections and disadvantaged groups. Penalizing their parents would be tantamount to penalizing poverty. Many children are first generation learners, deprived of a learning environment at home, and drop out because of difficulty in coping with the curriculum. Inflicting penalties on parents because their children have been pushed out of the education system would be discriminatory.

14. Commonly raised issues Why no detention, no examinations? Wouldn’t quality suffer? Examinations are known to produce mental trauma. Fear of failure, particularly at a tender age, leads to loss of self esteem. ‘ No detention policy’ does not imply abandoning procedures that test the learning abilities of the child; ‘ No detention policy’ implies putting in place a continuous and comprehensive procedure of child evaluation and recording it so that the teacher can use it as a guide in helping each child reach desired levels of educational achievement.