Apni Pathshala

Right to Education

Context: A discussion on the status of the Right to Education in India.

 Indian Polity & Governance GS2: Issues relating to the development and management of Social Sector/Services relating to Health, Education, and Human Resources.

“Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family.” – Kofi Annan

What is the Right to Education?

The Right to Education, RTE enacted in 2009 provided free and compulsory education and enforced it as a fundamental right under Article 21-A.

ORIGIN OF RIGHT TO EDUCATION :

  1. The original provisions for state-funded, equitable, and accessible education were found in Part IV of the Indian Constitution, Article 45, and Article 39(f) of the DPSP.
  2. The Ramamurti Committee Report, published in 1990, was the first formal document establishing the right to an education.
  3. The Supreme Court held in the 1993 case of Unnikrishnan v. State of Andhra Pradesh that every person in this nation has a fundamental right to an education.
  4. The establishment of the Tapas Majumdar Committee (1999) included the addition of Article 21A.
  5. The right to education was made a basic right in Part III of the Indian Constitution by the 86th amendment passed in 2002.
  6. Article 21A, which established the right to education as a basic right for children aged 6 to 14, was added by the same revision.

In conclusion,  the eighty-sixth Amendment, of 2002 led to the following changes :

Name of Part

Amendment done

Provisions

Fundamental Rights

adding a new article 21A

 

Right to education: All children between the ages of six and fourteen must receive a free, obligatory education from the State, in accordance with any legal requirements that may be established.

DPSP Directive Principles of State Policy

Article 45 is substituted with a new article

 

All children must get early childhood care and education from the State until they turn six years old.

 

Fundamental Duties

Article 51A addition

 

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, a ward between the age of six and fourteen years.

SIGNIFICANT PROVISIONS OF THE RTE ACT :

Right to free and compulsory elementary education

  • Every child has the right to a free, compulsory education in a neighborhood school between the ages of six and fourteen.
  • A child who is older than six and either not enrolled in school or not able to finish their education must be placed in an age-appropriate class.
  • Even if the child is older than 14, their elementary education must be free up to completion.
  • Until they have finished their elementary school, no child may be detained, expelled, or asked to pass a board test.

Curriculum and Acknowledgment

  • An academic body designated by the relevant government (federal or state) will create the elementary education curriculum and assessment protocols.
  • Standards for the student-teacher ratio must be followed by all schools.
  • No school can be founded or approved unless it complies with the guidelines.
  • Qualifications for teachers: The relevant government will administer the Teacher Eligibility Test (TET), which the teacher must pass. The minimal requirements for an individual to be qualified for an appointment as a teacher for grades I to VIII have been established by the National Council for Teacher Education (NCTE).

Responsibilities for educators and schools

  • All pupils admitted to government schools are required to receive free and

compulsory education.

  • In the same way, free and obligatory education must be offered in assisted schools in proportion to the funds received, with a minimum of 25%.
  • With the exception of working for elections, disaster assistance, and the census, teachers are not allowed to provide private tuition or perform non-teaching tasks.
  • School are required to set up School Management Committees (SMCs) with representatives from the local government, parents/guardians, and educators. These committees will oversee how the school uses government funding and create a plan for its future.

The duties of the relevant governments :

Central Government:

  • Forming a National Advisory Council to provide guidance on how to carry out the Act.
  • Make a framework for the national curriculum.
  • Creating and implementing standards for teacher preparation.

State Government:

  • Offering elementary education to kids between the ages of six and fourteen for free and without charge.
  • Enquiring entrance, attendance, and completion of primary school
  • Ensuring the accessibility of local educational institutions.

Resolution of grievances :

  • The protections for rights granted by this Act will be examined by the National Commission for the Protection of Child Rights. It looks into complaints and can try cases with the authority of a civil court.
  • To perform these duties, the relevant government may also establish a State Commission for the Protection of Children’s Rights.

Monetary resources :

  • According to the Act, state and federal governments would share financial accountability.
  • The federal government has the authority to ask the Finance Commission to examine giving state governments more funding so they can implement Act requirements.

Achievements of The Right to Education Act, 2009 :

  • The RTE Act has been effective in increasing upper primary enrolment (Class 6-8).
  • Improved school infrastructure was the outcome of stricter infrastructure standards, particularly in rural regions.
  • Under the RTE 25% quota rule, almost 3.3 million pupils were admitted.
    It opened up access to education for all people in the country.
  • The abolition of the “no detention policy” brought accountability into the elementary education system.
  • Additionally, the government has introduced Samagra Shiksha Abhiyan, an integrated school education program that combines the three existing programs: Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA), and the Centrally Sponsored Scheme on Teacher Education (CSSTE).

Modifications to the RTE Act :

  • 2012 Amendment Act:
    It suggested home-based schooling for kids with severe disabilities and placed disabled kids under the RTE Act’s jurisdiction.
    Religious and minority-affiliated educational institutions were released from the Act.
  • 2019 Amendment Act:
    The policy of no detention in schools was eliminated. Up until class VIII, no student may be detained under the Act’s current provisions.
    Furthermore, the states would have the last say on whether to keep the no-detention rule in place.

CHALLENGES ASSOCIATED TO THE IMPLEMENTATION OF RTE ACT :

a. Absence of specific penalties: If the government denies someone their right to an elementary education, there are no particular consequences.

  1. Mixture of responsibilities: The provision of free and required primary education is the joint responsibility of the state government and the local government. If this duty is shared, neither government might be held responsible.
  2. Government schools’ lack of accountability: The Act guarantees children’s right to physical infrastructure and education, but it makes no guarantees about learning. If government schools fail to achieve the prescribed standards, they are released from all penalties.
  3. Conflict with other rights: This Act’s restrictions do not apply to minority schools. This could go in contradiction to Article 30 of the Constitution, which permits minorities to establish and run educational institutions.
  4. Teaching many grades: The Act gives legitimacy to this kind of instruction. The number of teachers will not be determined by grade level, but rather by the total number of students.

What efforts may be taken to guarantee that the RTE Act is implemented effectively?

  1. Participatory and responsible management: State governments must strengthen bottom-up planning processes and improve school management committee capacity. The School Management Committees may also include representatives from local NGOs and other groups.
  2. Focus on teacher training programs: The quality of teachers is the foundation of any teaching programme. Developing a standardized training program to develop and produce excellent teachers is critical for the RTE Act to yield real benefits.
  3. Craft and vocational training should receive adequate attention.
  4. Enhanced budget: The central and state governments should increase primary education budgets to meet the Act’s commitments.
  5. Implementation of National Education Policy, 2020

Right to Education

UPSC CSE (P) PYQ (2018)

Consider the following statements:

  1. As per the right to education (RTE) Act, to be eligible for appointment as a teacher in a state, a person would be required to possess the minimum qualification laid down by the concerned State council of Teacher education.
  2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
  3. In India, more than 90 % of teacher education institutions are directly under the State Governments. Which of the statements given above is/are correct?

 (a) 1 and 2 (b) 2 only (c) 1 and 3 (d) 3 only

UPSC CSE (M) PYQ (2022)

The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting incentive-based systems for children’s education without generating awareness about the importance of schooling. Analyze.

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