India has been witnessing educational challenges for the longest time now. Among the many factors that are barriers to education is the unawareness of the right to education. To ensure that every citizen of the country gets quality education irrespective of class, gender, caste, and family income, the constitution of India rolled out the Right To Education Act in 2009. The act aims to offer free and compulsory elementary education to children between 6-14 years.
We asked our legal expert, Advocate Shikhani Shah Engineer, Bombay High Court to share an explainer on the Right To Education (RTE) Act 2009.
What Does The Act Say?
"The Act is completely titled 'Right of Children to Free and Compulsory Education Act'. It was passed by the Parliament in August 2009. When the act came into force in 2010, India became one of 135 countries where education is a fundamental right of every child. The article incorporates the word 'free' in its title. This means that no child (other than those admitted by his/her parents in a school not supported by the government) is liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education," said Advocate Shikhani Shah Engineer.
She added, "This Act makes it obligatory on the part of the government to ensure admission, attendance, and completion of elementary education by all children falling in the age bracket six to fourteen years. Essentially, this act ensures free elementary education to all children in the economically weaker sections of society."
Right To Education Act - Benefits
The right of free and compulsory education to children until they complete their elementary education in a school in the neighbourhood.
The word ‘free’ indicates that no charge is payable by the child which may prevent him/her from completing such education.
The Act provides for the admission of a non-admitted child to a class of his/her appropriate age.
The act mentions the duties of respective authorities, parents, and government in ensuring the education of the child.
It specifies standards and norms for Pupil Teacher Ratios (PTR), infrastructure and buildings, working days of the school, and the teachers. (Best Educational Courses And Colleges for Women in India)
The act also states that there is no urban-rural imbalance in the teacher postings.
According to the Act, all private schools should reserve 25% of their seats for children from socially disadvantaged and economically backward sections. The move is crucial in promoting social inclusion and paving the way for a more just and equal country.
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Right To Education Act :- Prohibitions
The expert further shared that the act prohibits the following -
Mental harassment and physical punishment.
Screening procedures for the admission of children.
Capitation fees.
Private tuition by the teachers.
Running schools with no recognition.
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Right To Education Act :- Monitoring
Our legal expert shared that the National Commission for Elementary Education monitors all aspects of elementary education including quality under the act. The commission reviews and safeguards for rights provided under this Act investigates complaints, and has the powers of a civil court in trying cases.
Right To Education :- Complaints
If a state fails to provide the RTE to children, citizens wishing to file a grievance can submit a written complaint to the local authority. Appeals are by the State Commission for the Protection of Child Rights (India)/Right to Education Protection Authority.
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