Wednesday 25 May 2011

The Right of Children to Free and Compulsory Education Act


The Right of Children to Free and Compulsory Education Act - A step to development


Summary: Provides for free and compulsory education to all children of the age of six to fourteen years


The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), which was passed by the Indian parliament on 4 August 2009, describes the modalities of the 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.


The rough draft of the bill was composed in year 2005. It received much opposition due to its mandatory provision to provide 25% reservation for disadvantaged children in private schools. The sub-committee of the Central Advisory Board of Education which prepared the draft Bill held this provision as a significant prerequisite for creating a democratic and egalitarian society. Indian Law commission had initially proposed 50% reservation for disadvantaged students in private schools. The bill was approved by the cabinet on 2 July 2009.Rajya Sabha passed the bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It received Presidential assent and was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act.The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the Prime Minister .

Highlights:
• Free and compulsory education to all children of India in the six to 14 age group;
• No child shall be held back, expelled, or required to pass a board examination until completion of elementary education;
• A child above six years of age has not been admitted in any school or though admitted,could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age; Provided that where a child is directly admitted in a
class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such timelimits, as may be prescribed: Provided further that a child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years.
• Proof of age for admission: For the purposes of admission to elementary education. the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births. Deaths and Marriages Registration Act, 1856 or on the basis of such other document, as may be prescribed. No child shall be denied admission in a school for lack of age proof
• A child who completes elementary education shall be awarded a certificate;
• Calls for a fixed student-teacher ratio;
• Will apply to all of India except Jammu and Kashmir;
• Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools;
• Mandates improvement in quality of education;
• School teachers will need adequate professional degree within five years or else will lose job;
• School infrastructure (where there is problem) to be improved in three years, else recognition cancelled;
• Financial burden will be shared between state and central government


Advisory Council on Implementation
The Ministry of HRD set up a high-level, 14-member NAC for implementation of the bill. The members include
Kiran Karnik, former president of NASSCOM
Krishna Kumar, former director of the NCERT
Mrinal Miri, former vice-chancellor of North-East Hill University
Yogendra Yadav - social scientist
Amita Dhanda, professor of law, NALSAR, Hyderabad;
Venita Kaul, Ex- World Bank and Head, Centre for Early Childhood Education and Development, Ambedkar University, Delhi
Annie Namala, an activist and head of Centre for Social Equity and Inclusion
Aboobacker Ahmad, vice-president of Muslim Education Society, Kerala.[22]


The act has made history but since there is threat that its implication will be 100% effective to the needed children. The first threat which we should consider is the quality of education which will be delivered to those children, secondly the rights of private and religious minority schools to administer their system, the infrastructure of school, the amenities provided to them etc.


These children are the future of our India, let us do our bit by keeping atleast watch at our nearby schools or surrounding and educate the people about this act so that not a single kid of our India live without education and we can see their smiling face while going to school singing “ School Chale Hum”

Thanks