The document discusses the implementation of the Right to Education Act in India. It provides context on the constitutional amendments and legislation that established education as a fundamental right for children ages 6-14. It outlines the key provisions of the RTE Act related to free and compulsory elementary education, 25% reservation in private schools for disadvantaged students, and establishment of regulatory bodies. It also summarizes progress made since the Act came into force, including an increase in schools and teachers. Finally, it emphasizes the importance of inter-sectoral collaboration between government departments and the role of civil society to fully achieve the goals of universal elementary education.

1. JOINING HANDS IN THE INTEREST OF
CHILDREN
The 86th constitutional amendment (2002), made
elementary education a fundamental right & the RTE Act
(2009) described the modalities of the provision, gave the tools
to provide quality education to children. When challenged by
private schools as unreasonable, the SC Bench said: content of
Article 21A flows from Article 45 (as it then stood), the 2009 Act
has been enacted to give effect to Article 21A. For the above
reasons, since the Article 19(1) (g) right is not an absolute right as
Article 30(1), the 2009 Act cannot be termed as unreasonable.

2. Elementary education forms a foundation for all
levels of learning and development. It empowers
and equips individuals with analytical capabilities,
instills confidence and fortifies them with will to
achieve goal-setting competencies.
It, therefore, plays a pivotal role in improving the
socioeconomic condition of India and for India to
grow, it is imperative that it has in place a strong
elementary school driven education system. 2

3. Universal Elementary Education
• The role of Universal Elementary Education (UEE) for
strengthening the social fabric of democracy through
provision of equal opportunities to all has been
accepted since the inception of our Republic.
• The original Article 45 in the Directive Principles of
State Policy in the Constitution mandated the State to
endeavour to provide free and compulsory education
to all children up to age fourteen in a period of ten
years.

4. The Right of Children to Free and
Compulsory Education Act
• Passed by the Indian parliament on 4 August
2009. It 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 the few countries to make
education a fundamental right of every child
when the act came into force on April 1, 2010.
4

5. 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 in
such a manner as the State may, by law, determine. 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
5
essential norms and standards.

6. SC backs Right to Education
The apex court upheld at least 25% students from
socially and economically
the constitutional validity backward families. These
of the Act and directed students will be
guaranteed free education
all schools, including from class I till they reach
privately-run schools, the age of 14.
irrespective of the board
they are affiliated to, to
admit from this
academic year (2012- 6
13)

7. SC Bench said: “To put an obligation on the unaided non-minority
school to admit 25 per cent children in class I under Section 12(1)
(c) cannot be termed as an unreasonable restriction. Such a law
cannot be said to transgress any constitutional limitation. The
object of the 2009 Act is to remove the barriers faced by a child
who seeks admission to class I and not to restrict the freedom
under Article 19(1) (g).
“From the scheme of Article 21A and the 2009 Act, it is clear that
the primary obligation is of the State to provide for free and
compulsory education to children between the age of 6 and 14
years and, particularly, to children who are likely to be prevented
from pursuing and completing the elementary education due to 7
inability to afford fees or charges.”

8. The SC judgment said: “We hold that the Right of
Children to Free and Compulsory Education Act, 2009 is
constitutionally valid and shall apply to a school
established, owned or controlled by the appropriate
Government or a local authority; an aided school
including aided minority school(s) receiving aid or grants
to meet whole or part of its expenses from the
appropriate Government or the local authority; a school
belonging to specified category; and an unaided non-
minority school not receiving any kind of aid or grants to
8
meet its expenses from the appropriate Government or
the local authority.”

9. The 86th constitutional amendment (2002),
And the RTE Act (2009), have given us the
tools to provide quality education to all our
children. It is now imperative that we the
people of India join hands to ensure the
implementation of this law in its true
spirit. The Government is committed to
this task though real change will happen
through collective action. 9

10. With this, India has moved forward to a rights
based framework that casts a legal obligation on
the Central and State Governments to
implement this fundamental child right as
enshrined in the Article 21A of the Constitution,
in accordance with the provisions of the RTE
Act.
Sarva Shiksha Abhiyan (SSA) is implemented
as India‟s main programme for universalising
elementary education. Its overall goals include
universal access and retention, bridging of
gender and social category gaps in education
and enhancement of learning levels of children. 10

11. Both the Central and state governments are responsible
for ensuring effective implementation of the Act. There has
been significant improvement in terms of the number of
primary schools, largely due to additional resources made
available through the Sarv Shiksha Abhiyaan to bridge
existing gaps. The scheme is now being extended to the
secondary school level as well.
In addition to the Government‟s initiative, the private
sector has also played a role in improving the state of
education in the country and continues to do so.
11

12. 12

13. 13

14. Reservation of 25% seats in private
schools for children from poor
families • The principle behind 25%
• The school may be there
but students may not reservation is to promote
social integration.
attend, or drop out after
a few months. A school is a perfect setting
• Through school & social where existing inequalities
mapping, many issues in society can be bridged
need to be addressed if the school encourages
that prevent a weak child students to integrate
from completing the
process of education. psychologically,
emotionally and academically. 14

15. RTE Act –What does it specify?
• The Act makes education a fundamental right of every
child between the ages of 6 to 14 and specifies the
minimum norms in government schools.
• It specifies reservation of 25% seats in private schools for
children from poor families, prohibits the practice of
unrecognized schools, and makes provisions for no
donation or capitation and no interview of the child or
parent for the admission. 15

16. National Commission for Protection of Child Rights
• The act also provides that, no child shall be held back, expelled, or
required to pass a board examination until completion of
elementary education.
• Provision for special training of school drop-outs to bring them at-
par with the students of the same age.
• Right to Education of Person with Disabilities till 18 years of age
has been made a Fundamental Right.
• The act provides for establishment of the National Commission for
Protection of Child Rights and State Commissions for supervising
of proper implementation of the act, looking after the complaints 16
and protection of Child Rights.

17. The Right of Children to Free and Compulsory Education
(RTE) Act, 2009 has come into force with effect from April
1, 2010. The Sarva Shiksha Abhiyan (SSA) Framework of
Implementation and norms for interventions have been
revised to correspond with the provisions of the RTE Act.
This includes
• interventions, inter alia for opening new primary and
upper primary schools as per the neighbourhood
norms notified by State Governments in the RTE
Rules,
17

18. • support for residential schools for children in areas
which are sparsely populated, or hilly or densely
forested with difficult terrain, and for urban deprived
homeless and street children in difficult circumstances,
• special training for admission of out-of-school children
in age appropriate classes, additional teachers as per
norms specified in the RTE Act,
• two sets of uniforms for all girls, and children belonging
to SC/ST/BPL families,
• strengthening of academic support through block and
18
cluster resource centres, schools, etc.

19. Since RTE Act came into force,
• 50,672 new schools,
• 4.98 lakh additional classrooms,
• 6.31 lakh teachers, etc
• have been sanctioned to States and UTs
under SSA. The fund sharing pattern between
the Central and State Governments has also
been revised to a sharing ratio which is more
favourable to States Governments. 19

20. The RTE Act mandates the following timeframe for
implementation of its provisions:
Activity Timeframe
Establishment of neighbourhood
3 years (by 31st March, 2013)
schools
Provision of school infrastructure
 All weather school buildings
 One-classroom-one-teacher
 Head Teacher-cum-Office room
 Library 3 years (by 31st March, 2013)
 Toilets, drinking water
 Barrier free access
 Playground, fencing, boundary
walls
Provision of teachers as per prescribed
3 years (by 31st March, 2013)
Pupil Teacher Ratio
Training of untrained teachers 5 years (by 31st March 2015)
20
Quality interventions and other
With immediate effect
provisions

21. Struggle for universalizing
elementary education
• Everybody acknowledges the value of education in
the overall development of the children.
• Administrators
• Educationists
• Development professionals
• Economists
• Parents
21

22. Administrators focus on
• Enrolment
• Availability of schools within walking
distance
• Provisioning for infrastructure
• Deployment of teachers.
22

23. Educationists: What is Learnt, how
is it presented?
are concerned about
• Whether or how children learn, and the
• Burden of syllabi, which is passed on to
• Tuition centres or Parents
23

24. • Development professionals discuss
• The impact of years of schooling, for example on
• the age of marriage and
• family size.
• ‘Development’ is a blessing sustained by the beneficial
environment: “Trees give fruits to assist others. Rivers
flow to help others. Cows produce milk to feed others. In
the same way, our own human body should also be
employed for the assistance of others”: Administrators,
Educationists, Economists, Development professionals
24
and Parents.

25. Economists
• talk about the economic returns on
Investment in education.
• Our economist PM says „ An education that
enables them to acquire the skills,
knowledge, values and attitudes necessary
to become responsible and active citizens of
India‟ is our commitment.
25

26. Parents
have expectations from the education system
• that it should equip their children for gainful
employment, and
• economic well being.
• उद्यमेन हि सिद्धयन्ति कायााणि न मनोरथैः ।
न हि िप्िस्य सििंिस्य प्रविशन्ति मखे मगाैः
ु ु ृ
• Any work will not get accomplished just merely
by desiring for it's completion. A 'prey' will not
26
by itself come to the mouth of a sleeping lion.

27. Fulfill goals of
universal elementary education
• The enforcement of fundamental
right to education provides us a
unique opportunity to mount a
mission encompassing all the above
discourses to fulfill our goal of
universal elementary education. 27

28. Implementation of
RIGHT TO EDUCATION ACT
provides for all children the benefit of free
and compulsory
• admission,
• attendance and
• completion
of elementary education.
28

29. In India, since we gained freedom of
self governance,
• Undoubtedly, much progress has occurred
since the last sixty years of our
independence and
• many more children with a diverse
background are accessing school.
• Yet.... 29

30. 30

31. Dropped out, child labourers
• There are ‘invisible’ children_ children bonded to
work with an employer,
• young boys grazing cattle or working in a dhabha
• girls working in the fields or as domestic help or
caring for younger siblings, and
• children being subjected to early marriage. Many of
these children are formally enrolled in a school but 31
have either dropped out or have never been there.

32. Extremely vulnerable ones
• Many others such as migrant and
street children, who live in extremely
vulnerable conditions; denying them
education is against the universal
nature of human rights.
32

33. Enrol, attend, learn,
and
Be empowered by education
• Providing universal access itself is no longer
enough; making available school facility is
essential but not sufficient.
• A monitoring mechanism is needed to ensure
that all children attend school regularly and
participate in the learning process.
33

34. Not attending,
drop-out in a few months?
• Focus must be on the factors that prevent
children from regularly attending &
completing elementary education. Children
from
• weaker sections and
• disadvantaged groups, as also
• girls.
• SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND PEDAGOGIC
ISSUES
34

35. Good education is empowering
• विद्याविधधवििीनेन ककिं कऱीनेन दे हिनाम ् ।
ु
अकऱीनोऽवऩ विद्याढ्यो दििरवऩ ितद्यिे
ु
॥
• Of what use is nobility of family if a person
is illiterate?
• A learned man is respected by Gods too
though he does not belong to a noble
family. 35

36. Free, compulsory and of high quality
• The right to education is free, compulsory and
it includes good quality education for all.
• A curriculum not only provides good reading
and understanding of text books but also
includes learning through activities,
exploration and discovery.
• Comprehension, competence,
competitiveness and creativity should be
developed, not forgetting compassion. 36

37. Education Depts of State & Union
Governments have direct responsibility
To provide
• schools,
• infrastructure,
• trained teachers,
• curriculum and
• teaching-learning material, and
• mid-day meal.
A well coordinated mechanism is needed for
inter- sectoral collaboration & convergence.
37

38. On the part of the whole Govts:
• The factors that contribute to the
achievement of the overall goal of
universalizing elementary education as a
fundamental right requires action on the
part of the whole Governments.
A well coordinated mechanism is needed for
inter- sectoral collaboration & convergence.
38

39. Timely & appropriate financial
allocations, redesign school spaces
• The Finance Department to release funds
at all levels.
• The Public Works Dept. to re-conceive and
redesign school spaces from the pedagogic
perspective & Address issues of including
disabled children through barrier free
access.
39

40. Provide Social & Location Mapping of
schools, Water & sanitation facilities
• The Dept. of Science & Technology to
provide geo-spatial technology to perform
at
grass-root survey.
• Provision of access to sufficient safe
drinking water
• Provision and access to adequate
sanitation facilities, specially for girl child. 40

41. ROLE OF CIVIL SOCEITY in RTE
• Above all, people‟s groups, civil society
organizations & voluntary agencies will play
an crucial role in the implementation of the
RTE Act.
• This will help build a new perspective on
inclusiveness, encompassing gender &
social inclusion, & ensure that these become
integral & crosscutting concerns informing
different aspects like training, curriculum and
classroom transaction. 41

42. ROLE OF CIVIL SOCEITY
• A VIBRANT CIVIL SOCEITY MOVEMENT
CAN ENSURE THAT THE PARENT / CHILD
FROM WEAKER OR DISADVANTAGED
SECTIONS BECOME AWARE OF THE
VALUE OF EXERCISING THE RIGHT TO
ELEMENTARY EDUCATION AND PUT IN
SERIOUS EFFORTS ON THEIR PART.
• NGO contribution of knowledge, ideas and
solutions to the challenges are needed.
42

43. Prime Minister Manmohan Singh:
"We are committed to ensuring that all
children, irrespective of gender and social
category, have access to education. An
education that enables them to acquire the
skills, knowledge, values and attitudes
necessary to become responsible and active
citizens of India
43

44. Good teacher‟s company enables.
• यैः ऩठति सऱखति ऩश्यति ऩररऩच्छिी ऩन्डििान ्
ृ
उऩाश्रयवऩ ।
िस्य हदिाकरककरिैः नसऱनी दऱिं इि विस्िाररिा
बुवद्धैः ॥
• One who reads, writes, sees, inquires, lives in
the company of learned men, his intellect
expands like the lotus leaf does
because of the rays of sun.
44

45. 45

46. 46

47. 47

48. 48

49. 49

50. ► A key issue being raised against the
provisions of the RTE Act is the absence
of provisions for improving the job conditions of
teachers. This leads to limited availability of
quality teachers in rural or inaccessible areas.
► According to analysts, teacher training is one
of the biggest requirements of the
current system and has been neglected by the
Act.
50

51. 51

52. 52

53. 53

54. 54

55. 55

56. 56

57. 57

58. Since the Government has finite resources,
reimbursing expenses to private schools will
be at the expense of government schools.
Therefore, it should be made voluntary for
private schools reserve seats for children from
disadvantaged sections of society. It is unfair
to make this applicable for all private schools.
“The whole idea of reimbursement of
expenses to private schools is a case of poor
economics. If the government is unable to
meet the expenses from where will it
generate additional resources to reimburse
the private schools”. 58
Prof. Praveen Jha, JNU

59. 59

60. 60