The words “free and compulsory” are part of the RTE Act’s title.
- No child shall be required to pay any form of fee, charges or expenses that may hinder him or her from pursuing and completing primary education, with the exception of a child who has been admitted by his or her parents to a school that the relevant Government does not finance.
- The obligation to provide and ensure entrance, attendance, and completion of basic education by all children in the age range of 6 to 14 falls on the competent Government and local authorities under the mandate of compulsory education.
- The right of children to free and compulsory education act 2009 guarantees free and compulsory education for all children aged 6 to 14. This is irrespective of their caste, creed, or social status.
- The RTE Act mandates the establishment of neighborhood schools. Every child should have access to a school within a reasonable distance.
- The RTE Act prohibits schools from charging any capitation fee or screening students for admission.
- The RTE Act mandates that 25% of seats in all private schools be reserved for children from disadvantaged groups. This includes scheduled castes, scheduled tribes, and other backward classes.
- The RTE Act prescribes a common curriculum for all schools so that all children can access quality education.
- The RTE Act mandates that all teachers be trained and qualified.
- The RTE Act sets minimum standards for school infrastructure, such as classrooms, toilets, and libraries.
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Constitutional Provisions of the RTE Act, 2009
- Article 21-A, which states that all children between the ages of six and fourteen have the fundamental right to free and compulsory education, was added to the Indian Constitution by the Constitution (Eighty-sixth Amendment) Act of 2002.
- The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation anticipated under Article 21-A, every child has the right to a full-time elementary education of satisfactory and equitable quality in a formal school that complies with certain fundamental norms and standards.
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- The Right to Education Act establishes basic standards for primary schools and declares education a fundamental right of all children between the ages of 6 and 14. It mandates that 25% of seats in all private schools be set aside for students.
- Children are admitted to private schools with reservations based on caste or financial standing.
- Additionally, it forbids any unrecognized schools from operating, and it stipulates that there will be no donation or capitation fees, as well as no parent or child interviews for admittance.
- The Right of Children to Free and Compulsory Education (RTE) Act of 2009 additionally specifies that no child may be held back, expelled, or made to pass a board exam until primary school is completed.
- Ex-students can receive supplementary education to bring them up to speed with students their age.
- The RTE’s greatest success was in enabling India to reach enrollment rates that were nearly 100%. India has been able to develop its infrastructure after the RTE was put into place in 2010.
- According to the Aser Centre’s Annual Status of Education Report (ASER), the only source of data on children’s learning results in the nation, the percentage of schools with usable girls’ restrooms doubled, reaching 66.4 percent in 2018.
- In 2018, there were 64.4 schools with boundary walls, an increase of 13.4 percentage points from the previous year.
- From 82.1 to 91 percent of schools now have cooking sheds. Over the same time period, the percentage of schools receiving books other than textbooks rose from 62.6 to 74.2 percent.
- In a developing nation with a large population, reducing child labour is the most significant problem that the RTE Act faces.
- It’s more difficult than it seems to enrol all of these children in school because of the involvement of numerous government agencies. As a result, the RTE Act’s successful implementation is fraught with difficulties.
- Low learning levels and a shortage of skilled teachers remain its primary flaws.
- Additionally, to conform with provision 12(1)(c) of the RTE law, private schools must set aside 25% of their seats for less fortunate children.
- ASER argues that after the RTE Act was implemented, there was a push for universalization, negatively impacting learning outcomes. The transformation has been “slow and uncertain,” it was added.
- Another major problem that the law still needs to solve is a system of inclusive schools.
- The lack of special provisions for children who need access to school the most—girl children, SC/ST groups, and minority communities—is a fundamental shortcoming.
- Because distinct communities are not given enough attention, no plans exist to meet their unique needs.
- The RTE Act’s other shortcoming is that, despite its provisions, there aren’t enough qualified teachers in the classrooms. Many schools have had trouble maintaining the act’s mandated teacher-to-student ratio.
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Criticisms of the RTE Act 2009
- RTE Act 2009 is criticised for discriminating against economically disadvantaged groups (EDGs) and weaker sections (EWS).
- Another criticism of the act is that the Local governments need help to keep track of students who qualify under the provisions of the RTE Act 2009 Section 12(1)(c). Hence, they are unable to find students to admit.
- First-generation students cannot fill out the application and are thus not admitted, which lessens the impact of the RTE Act 2009.
- Other major criticisms of the RTE Act 2009 are as follows:
- Private schools refuse admissions because they are not promptly paid.
- Some parents were urged to donate money or pay the application fee to get admission.
- Students drop out of the program or don’t receive admission promptly due to admissions procedure delays.
Implementation And Funding of RTE Act
- Education in the Indian constitution is a shared matter, allowing the central and state governments to create laws on the subject.
- The law assigns specific roles to the center, states, and local bodies for its execution.
- States often argue that they lack the financial resources to provide quality education in all necessary schools for universal education.
- Consequently, the central government, being the primary revenue collector, may need to provide financial assistance to the states.
- A committee formed to assess funding needs initially estimated that Rs. 1.71 trillion (US$38.2 billion) over five years would be necessary to implement the law.
- In April 2010, the central government agreed to fund the law with a 65-35 ratio between the center and states and 90-10 for the north-eastern states.
- However, by mid-2010, the amount was revised to Rs. 2.31 trillion, with the center increasing its share to 68% or possibly 70%, which might obviate the need for states to augment their education budgets significantly.
- In 2011, a crucial decision was made in principle to extend the right to education up to Class X (age 16) and into the preschool age range, with the CABE committee assessing the implications of these changes.
Conclusion
According to the Indian Constitution, legislation on education can be passed at the national and state levels. For its implementation, the Act specifies particular duties for the federal, state, and local governments. Mandatory registration of school teachers and administrators with professional regulatory bodies, analogous to the registration of attorneys with bar councils, is a fundamental transformation in the education system that is urgently needed.
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