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Right to Education.

Introduction.
Right to Education Act (RTE)
Was passed by the Indian Parliament on 4 August 2009. 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 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

History
     
2003: The Free and Compulsory Education For Children Bill, 2003 2004: The Free and Compulsory Education For Children Bill, 2004 2005: The Right to Education Bill, 2005 (CABE Bill) 2005: The Right to Education Bill, 2005 (August) 2006: The Model Right to Education Bill, 2006 2008/9: The Right of Children to Free and Compulsory Education Bill, 2008, introduced/ passed in Rajya Sabha

The Bill: Child rights


Right of Children to free and compulsory admission, attendance and completion of EE. Defines free as removal of any financial barrier by the state that prevents a child from completing eight years of schooling And defines compulsion as compulsion on the state, rather than targeting parents. Not enrolled/dropout children be admitted to age appropriate class Special training to enable such children to be at par with others Child so admitted entitled to completion of EE even after age 14 Softens barriers like birth certificate, transfer certificate, etc No child shall be psychologically abused by calling him/her failed in any class up to class 8, or expelling him/her from school Bars corporal punishment, mental harassment

Teachers
Qualification for appointment of teachers to be laid down by academic authority authorised by Central Government
To address the problem of untrained teachers

Lays down academic responsibilities of teachers Prohibits private tuition by teachers Prohibits deployment of teachers for non-education purpose, except decennial census, disaster relief and elections

Schools
Norms and standards specified
Infrastructure School days; working days for teachers Facilities

Community participation ensured through SMC comprising elected reps, teachers and parents
members from among parents of children in the school; 50% women Proportionate representation to weaker and deprived sections SMC to plan, manage and monitor in collaboration with the local authority

Schools
No capitation fees
Penalty: fine upto 10 times the capitation

No screening for admission


Penalty: fine of Rs 25,000 for 1st contravention and Rs 50000 for each subsequent contravention

No school without recognition


Penalty: Rs one lakh; in case of continuing contravention, penalty of Rs 10,000 for day

All unaided schools to provide free education to at least 25% children from the neighbourhood as a measure of ensuring common schooling
Costs reimbursed @ per child expenditure incurred by the State or actual fee charged, whichever is less

Appropriate Government, Local Authority

Ensure free and compulsory education Provide schools in neighborhood within 3 years Children belonging to weaker sections and disadvantaged groups not to be discriminated against Infrastructure, school building, teaching staff, learning equipment Special training for previously not enrolled or drop out children to enable them to be en par with others Monitoring of admission, attendance, completion of EE Good quality EE conforming to specified norms and standards Timely prescription of curriculum, courses of study, teachers training

Curriculum
Curriculum by prescribed academic authority should:
Conform to constitutional values Make child free from fear, trauma and anxiety Be child centred, child friendly; provide for learning through activities Medium of instruction child mother tongue to the extent possible Provide for comprehensive and continuous evaluation

No Board examinations till completion of EE

Protection of Right
Bill assigns NCPCR/SCPCR additional functions
Examine and review safeguards for rights under this Act, recommend measures for effective implementation Inquire into complaints relating to child s right to free and compulsory education

NCPCR/SCPCR have powers assigned under Section 14 and 24 of the Commissions for Protection of Child Rights Act Where SCPCR not constituted, appropriate Government may constitute an Authority

Commonly raised issues


Exclusion of 0-6 age group; also suggestions for extending Bill to age 18 No explicit reference to child labour Bill derived from the 86th Constitutional Amendment. Hence restricted to 6-14 age group.

Clause 8 casts a compulsion on the State to provide free and compulsory education to every child. Explanation to Clause 8(a): compulsory education means obligation of the appropriate Government to provide free compulsory education and ensure compulsory admission, attendance and completion of EE by every child. Far better way of curbing child labour by legally declaring that every child has to be in school.

Commonly raised issues


On the inclusion of private schools Forefront of all controversies. One view: Article 21-A states that the State shall provide free and compulsory education means that schools which receive no financial aid from the Government should be kept outside the purview of the Bill. Another view: State does not merely mean governmental system, but includes government and private systems. Private fee-charging schools are an impediment to the concept of common school system, and should be brought within the ambit of the legislation. The Bill avoids both these extreme positions: provides for 25% admission to children belonging to weaker sections & disadvantaged groups in the neighbourhood

Commonly raised issues


Adequacy of norms and standards This is a beginning. Clause 20 of the Bill also provides for the Central Government to amend the schedule by adding to or omitting from the schedule. As we progress the norms and standards can be enhanced. Most children who do not attend school are from weaker sections and disadvantaged groups. Penalising their parents would be tantamount to penalizing poverty. Many children are first generation learners, deprived of a learning environment at home, and drop out because of difficulty in coping with the curriculum. Inflicting penalties on parents because their children have have been pushed out of the education system would be discriminatory.

Inclusion of parents in the compulsion laws. Why is there no provision for punishment for parents?

Commonly raised issues


Why no detention, no examinations? Wouldnt quality suffer? Examinations are known to produce mental trauma. Fear of failure, particularly at a tender age, leads to loss of self esteem. No detention policy does not imply abandoning procedures that test the learning abilities of the child; No detention policy implies putting in place a continuous and comprehensive procedure of child evaluation and recording it so that the teacher can use it as a guide in helping each child reach desired levels of educational achievement.

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