The Right of Children to Free and Compulsory Education (RTE) Act, 2009

 

The Right of Children to Free and Compulsory Education (RTE) Act, 2009: A Comprehensive Guide

1. Introduction: A Fundamental Right

The Right to Education Act (RTE) is a landmark legislation in the Indian Parliament that enacted the 86th Constitutional Amendment (2002). This amendment inserted Article 21-A into the Indian Constitution, making the right to free and compulsory education a Fundamental Right for all children in the age group of 6 to 14 years.

·  Enactment: Passed by Parliament on August 4, 2009.

·  Enforcement: Came into effect on April 1, 2010.

·  Significance: India became one of the 135 countries to make education a fundamental right for every child.

2. Historical Context

The journey to RTE was long and drawn from various constitutional and policy commitments:

·  Directive Principle of State Policy: Originally, Article 45 of the Constitution aimed to provide free and compulsory education for all children until they reached the age of 14 within 10 years of the Constitution's commencement (i.e., by 1960). This was a directive, not a legally enforceable right.

·  Unnikrishnan Judgement (1993): The Supreme Court ruled that the right to education flows from the Right to Life (Article 21). It stated that every child has the right to education until the age of 14.

·  86th Constitutional Amendment (2002): This formally made education a fundamental right by adding Article 21-A.

·  Sarva Shiksha Abhiyan (SSA): SSA, launched in 2001, was the operational framework to achieve Universal Elementary Education (UEE). The RTE Act gave SSA the necessary legal backing.

3. Key Objectives of the RTE Act

The main goal of the Act is to ensure that every child has access to quality elementary education. Its specific objectives are:

1.       To ensure free and compulsory education for every child aged 6-14.

o Free: Means that no child shall be liable to pay any kind of fee or charge that may prevent them from pursuing elementary education.

o Compulsory: It casts an obligation on the appropriate government and local authorities to ensure enrollment, attendance, and completion of elementary education.

2.       To ensure equitable education by addressing the needs of disadvantaged groups and weaker sections.

3.       To set minimum standards and norms for elementary schools to ensure quality education.

4.       To lay down the duties and responsibilities of various stakeholders – government, parents, and schools.

4. Salient Features & Major Provisions

The RTE Act is detailed and covers various aspects of elementary education. Here are the most significant provisions:

A. Right to Free and Compulsory Education (Section 3):

·  Every child aged 6-14 has the right to free and compulsory education in a neighborhood school till the completion of elementary education.

·  No child can be held back, expelled, or required to pass a board examination until the completion of elementary education (up to Class 8).

B. Duties of the Appropriate Government (Central & State):

·  To provide free elementary education to every child.

·  To ensure the availability of a neighborhood school within a stipulated distance (1 km for primary and 3 km for upper primary).

·  To ensure that the child belonging to a weaker section and disadvantaged group is not discriminated against.

C. Norms and Standards for a School (Schedule):
The Act specifies detailed norms for every school to follow, including:

·  Pupil-Teacher Ratio (PTR): 30:1 for primary and 35:1 for upper primary.

·  Infrastructure: All-weather building, separate toilets for boys and girls, safe drinking water, a kitchen for mid-day meals, a playground, and a library.

·  Working Days: 200 working days per year for primary and 220 for upper primary.

·  Instructional Hours: 800 hours per academic year for primary and 1000 hours for upper primary.

D. Responsibilities of Teachers (Section 24):

·  Maintain regularity and punctuality in school.

·  Conduct and complete the curriculum within a specified time.

·  Assess the learning ability of each child and provide supplementary instruction if required.

·  Prohibits: Private tuition by the teacher and deployment of teachers for non-educational work (except decennial census, disaster relief, and election duties).

E. No Detention Policy (Section 16):

·  Originally, the Act mandated that no child shall be detained in any class until the completion of elementary education. This was intended to reduce dropout rates and reduce examination pressure. (Note: This policy has since been amended by many states, allowing for detention in classes 5 and 8 under specific conditions).

F. Curriculum and Evaluation (Section 29):

·  The curriculum should be in consonance with the values enshrined in the Constitution.

·  It should promote the child's all-round development, build on knowledge and potential, and make the child free from fear, trauma, and anxiety.

·  The evaluation system should be comprehensive and continuous (CCE) and not based on rote learning.

G. Inclusion and Zero-Rejection (Sections 3 & 12):

·  Children with Special Needs (CWSN): The Act mandates that a child with disabilities has the right to pursue education in a mainstream school. The government must provide necessary support.

·  25% Reservation in Private Schools (Section 12(1)(c)): This is a landmark provision. It mandates that all private, unaided schools must reserve at least 25% of their entry-level seats (Class 1) for children from economically weaker sections (EWS) and disadvantaged groups. The government reimburses the school as per its per-child expenditure.

H. School Management Committees (SMCs) (Section 21):

·  Every school (except private unaided schools) must constitute a School Management Committee (SMC).

·  At least 75% of its members must be parents/guardians, and 50% must be women.

·  The SMC is responsible for monitoring the school's functioning and preparing a School Development Plan.

5. Role and Responsibilities of a Teacher under RTE

For a B.Ed. student, understanding the teacher's role is paramount. The RTE Act envisions a teacher as:

1.       A Facilitator, Not Just an Instructor: The focus is on child-centered and activity-based learning.

2.       An Inclusive Practitioner: The teacher must be equipped to handle a diverse classroom, including CWSN and first-generation learners.

3.       A Regular and Punctual Professional: The Act emphasizes the teacher's duty to be present and engaged.

4.       An Assessor for Learning: Moving beyond one-time exams to Continuous and Comprehensive Evaluation (CCE) to track holistic development.

5.       A Bridge for Slow Learners: Providing supplementary instruction to ensure no child is left behind.

6. Achievements of the RTE Act

·  Increased Enrollment: Near-universal enrollment has been achieved at the primary level.

·  Improved Infrastructure: Significant improvement in school infrastructure across the country, particularly in terms of toilets and drinking water.

·  Social Inclusion: The 25% EWS quota in private schools has been a significant step towards social integration.

·  Increased Awareness: Created massive awareness among parents, especially from marginalized communities, about their children's right to education.

7. Critical Challenges and Limitations

·  Quality of Learning: High enrollment has not translated into improved learning outcomes. Many children in upper primary grades lack basic reading and arithmetic skills.

·  Teacher Shortages and Quality: Vacant teacher posts, lack of trained teachers, and inadequate teacher accountability remain major hurdles.

·  Infrastructure Gaps: Many government schools still do not meet all the norms specified in the Act.

·  Implementation of 25% Quota: The reimbursement process has been slow, leading to litigation and reluctance from private schools.

·  Amendment of No-Detention Policy: The amendment to allow detention has been controversial, with critics arguing it brings back the fear of failure.

8. RTE and the National Education Policy (NEP) 2020

The NEP 2020 builds upon the foundation of the RTE Act but also proposes significant changes:

·  Extension of Scope: The NEP aims to extend the right to free and compulsory education to all children from ages 3 to 18, covering Early Childhood Care and Education (ECCE) and secondary school.

·  Focus on Foundational Literacy and Numeracy: The NEP identifies the learning crisis and makes the attainment of Foundational Literacy and Numeracy (FLN) by Grade 3 an "urgent national mission."

·  Revision of Curriculum and Pedagogy: It advocates for a shift from rote learning to experiential, holistic, and inquiry-based learning, aligning with the original spirit of the RTE's Section 29.

National Policy on Education (NPE) 1986

The National Policy on Education (NPE) 1986 was a landmark educational policy of India, framed to modernize and strengthen the education system. It focused on providing equal educational opportunities, removing disparities, promoting women’s education, strengthening teacher education, and improving quality at all levels of schooling. The policy was later revised in 1992, but its fundamental principles remain influential even today.

Background

·  The first NPE was introduced in 1968, based on the Kothari Commission.

·  By the mid-1980s, education faced issues like dropouts, regional disparities, and poor quality.

·  Hence, the NPE 1986 was adopted to reform and universalize education.

Vision of NPE 1986

·  Education as an instrument of national development

·  Promotion of equality, social justice, and national integration

·  Creating a learning society with values, scientific temper, and cultural identity

Key Features of NPE 1986

1. Universalization of Elementary Education (UEE)

·  Emphasis on universal access, enrolment, and retention of children up to 14 years.

·  Focus on reducing dropout rate and ensuring completion of primary education.

2. Education for Equality

·  Special attention to SC/ST, minorities, women, rural and disadvantaged groups.

·  Removal of gender and social barriers.

3. Operation Blackboard

·  Major scheme to improve primary school infrastructure.

·  Provision of classrooms, teaching-learning materials, equipment, and trained teachers.

4. Early Childhood Care and Education (ECCE)

·  Expansion of pre-school education.

·  Strengthening of Anganwadi system (ICDS).

5. Non-Formal Education (NFE)

·  Special programmes for out-of-school children, working children, and adults.

6. Adult and Continuing Education

·  National Literacy Mission (1988) for adult literacy.

·  Lifelong learning and skill-oriented programmes.

7. Secondary & Higher Education Reforms

·  Quality improvement in curriculum, vocationalisation of education, and teacher training.

·  Strengthening of libraries, laboratories, and science education.

8. Navodaya Vidyalayas

·  Establishment of Jawahar Navodaya Vidyalayas (JNVs) in every district to provide modern education to rural talented children.

9. Teacher Education Strengthening

·  Establishment of NCTE as a statutory body (later in 1995).

·  Improvement of DIETs, SCERTs, NCERT, and teacher training institutions.

10. Use of Technology in Education

·  Introduction of radio, TV, audio-visual aids, and later computer-aided learning.

11. Language Policy

·  Continuation of the three-language formula.

·  Emphasis on development of modern Indian languages and classical languages like Sanskrit.

Revised Policy (1992) – Highlights

The 1986 policy was modified in 1992, adding:

·  Decentralized educational planning

·  Autonomy to institutions

·  Increased role of Panchayati Raj and local bodies

·  Focus on girls’ education and inclusive education

Significance of NPE 1986

·  Strengthened school infrastructure through Operation Blackboard

·  Laid foundation for Sarva Shiksha Abhiyan (2001)

·  Promoted equality and access for marginalized groups

·  Expanded early childhood and adult education

·  Modernized curriculum and teacher education

Detailed Description of NEP 2020

The National Education Policy (NEP) 2020, approved by the Government of India on 29 July 2020, is a landmark policy aimed at transforming the Indian education system to meet the needs of the 21st century. Replacing the earlier NPE 1986, it brings major reforms across all levels—from Early Childhood Education to Higher Education—focusing on holistic development, flexibility, multidisciplinary learning, skill development, equity, and technology integration. It envisions an education system rooted in Indian culture yet aligned with global standards.

1. School Education Reforms

a) New Pedagogical and Curricular Structure (5+3+3+4)

NEP 2020 replaces the old 10+2 structure with:

·  Foundational Stage: 5 years (3 years Anganwadi/Pre-school + Classes 1–2)

·  Preparatory Stage: Classes 3–5

·  Middle Stage: Classes 6–8

·  Secondary Stage: Classes 9–12
This structure is designed to align with child development stages and strengthen foundational skills.

b) Universalization of Education (3–18 years)

·  Ensures education for all children, including pre-school learners.

·  Aims for 100% Gross Enrolment Ratio (GER) by 2030.

c) Foundational Literacy and Numeracy (FLN)

·  Launched NIPUN Bharat Mission (2021) for ensuring foundational learning by Class 3.

·  Focus on reading, writing, numeracy, and basic comprehension.

d) Multilingualism and Language Policy

·  Mother tongue/regional language to be the medium of instruction up to Class 5, preferably till Class 8.

·  Promotion of classical languages like Sanskrit, Tamil, Pali, Prakrit.

·  Continuation of the three-language formula.

e) Skill Development and Experiential Learning

·  Introduction of coding, vocational skills, arts, sports, life skills from early stages.

·  Hands-on learning, internships with local artisans (from Class 6).

f) Assessment Reforms

·  Shift from rote learning to competency-based assessment.

·  Board exams redesigned to test application, analysis, and skills.

·  Establishment of PARAKH – National Assessment Centre.

2. Teacher Education and Professional Development

a) Four-year Integrated B.Ed

·  NEP mandates a 4-year ITEP (Integrated Teacher Education Programme) as the minimum qualification for teaching.

·  Strengthening of DIETs, SCERTs, BRCs, CRCs.

b) Continuous Professional Development (CPD)

·  Mandatory 50 hours of annual training for every teacher.

·  Training on digital pedagogy, special needs, and inclusive practices.

3. Higher Education Reforms

a) Multidisciplinary Education

·  Flexibility for students to choose major-minor combinations.

·  Multidisciplinary Universities with diverse departments.

b) New Undergraduate Structure

·  UG programme with multiple entry–exit options:

o 1 year – certificate

o 2 years – diploma

o 3 years – bachelor’s degree

o 4 years – bachelor’s with research

c) Academic Bank of Credits (ABC)

·  A digital repository that stores student academic credits.

·  Allows seamless mobility across institutions.

d) Target GER

·  GER in higher education to reach 50% by 2035.

e) Single Regulator: HECI

·  Higher Education Commission of India (HECI) with four verticals:

o NHERC: Regulation

o NAC: Accreditation

o HEGC: Funding

o GEC: Setting academic standards

f) National Research Foundation (NRF)

·  To promote research, innovation, and interdisciplinary studies.

4. Vocational Education & Skill Development

·  At least 50% of learners to have vocational training by 2025.

·  Focus on skill development, internships, and industry collaboration.

5. Technology Integration

·  Establishment of NETF – National Educational Technology Forum.

·  Digital learning, virtual labs, AI-enabled teaching tools.

·  Expansion of platforms like DIKSHA, SWAYAM, e-Pathshala.

6. Inclusive and Equitable Education

·  Special focus on:

o Girls

o SC/ST/OBC/Minorities

o Children with Special Needs (CWSN)

o Rural, tribal, and migrant children

·  Gender Inclusion Fund (GIF)

·  Resource centres, trained special educators, and inclusive pedagogy.

7. Early Childhood Care and Education (ECCE)

·  Universalizing high-quality ECCE through Anganwadis + Primary Schools.

·  Based on the NCF for ECCE and play-based learning.

8. Emphasis on Indian Knowledge Systems (IKS)

·  Promotes Indian languages, culture, arts, yoga, traditional knowledge.

·  Research in Ayurveda, Siddha, Yoga, archaeology, arts and philosophy.

9. Governance and Institutional Reforms

·  Complete restructuring of education governance:

o School complexes and clusters

o Autonomy to institutions

o Transparent teacher recruitment

o Decentralized planning

NEP 2020 is a transformative, futuristic policy that reimagines Indian education to meet global standards. By shifting from rote learning to competency-based, skill-oriented, flexible, multidisciplinary education, it prepares learners for the challenges of the 21st century. With its strong emphasis on equity, digital learning, teacher development, and Indian culture, NEP 2020 aims to create a holistic, innovative, inclusive, and learner-centered education system, making India a global knowledge leader.