Right To Education Enacted In Parliament In The Year?

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Right To Education Enacted In Parliament In The Year
Overview – The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

Last Updated by Admin on Wednesday, July 14, 2021
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When Was Right to Education Act enacted a 2008?

Right To Education The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance 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 Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools.
  • It requires all private schools to reserve 25% of seats to children (to be reimbursed by the state as part of the public-private partnership plan).

Kids are admitted in to private schools based on economic status or caste based reservations. It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission.

The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age. The RTE Act requires surveys that will monitor all neighbourhoods, identify children requiring education, and set up facilities for providing it.

The World Bank education specialist for India, Sam Carlson, has observed: “The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance and completion on the Government. It is the parents’ responsibility to send the children to schools in the US and other countries.” The Right to Education of persons with disabilities until 18 years of age is laid down under a separate legislation – the Persons with Disabilities Act.

  1. A number of other provisions regarding improvement of school infrastructure, teacher-student ratio and faculty are made in the Act.
  2. Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.
  3. The Act lays down specific responsibilities for the centre, state and local bodies for its implementation.

The states have been clamouring that they lack financial capacity to deliver education of appropriate standard in all the schools needed for universal education. Thus it was clear that the central government (which collects most of the revenue) will be required to subsidise the states.

A committee set up to study the funds requirement and funding initially estimated that INR 1710 billion or 1.71 trillion (US$38.2 billion) across five years was required to implement the Act, and in April 2010 the central government agreed to sharing the funding for implementing the law in the ratio of 65 to 35 between the centre and the states, and a ratio of 90 to 10 for the north-eastern states.

However, in mid 2010, this figure was upgraded to INR 2310 billion, and the center agreed to raise its share to 68%. There is some confusion on this, with other media reports stating that the centre’s share of the implementation expenses would now be 70%.

At that rate, most states may not need to increase their education budgets substantially. A critical development in 2011 has been the decision taken in principle to extend the right to education till Class X (age 16) and into the preschool age range. The CABE committee is in the process of looking into the implications of making these changes.

The Ministry of HRD set up a high-level, 14-member National Advisory Council (NAC) for implementation of the Act. The members included 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.

India Sajit Krishnan Kutty, Secretary of The Educators Assisting Children’s Hopes (TEACH) India; Annie Namala, an activist and head of Centre for Social Equity and Inclusion; and Aboobacker Ahmad, vice-president of Muslim Education Society, Kerala. A report on the status of implementation of the Act was released by the Ministry of Human Resource Development on the one year anniversary of the Act.

The report admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide. A shadow report by the RTE Forum representing the leading education networks in the country, however, challenging the findings pointing out that several key legal commitments are falling behind the schedule.

The Supreme Court of India has also intervened to demand implementation of the Act in the Northeast. It has also provided the legal basis for ensuring pay parity between teachers in government and government aided schools. Haryana Government has assigned the duties and responsibilities to Block Elementary Education Officers–cum–Block Resource Coordinators (BEEOs-cum-BRCs) for effective implementation and continuous monitoring of implementation of Right to Education Act in the State.

It has been pointed out that the RTE act is not new. Universal adult franchise in the act was opposed since most of the population was illiterate. Article 45 in the Constitution of India was set up as an act: The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

As that deadline was about to be passed many decades ago, the education minister at the time, MC Chagla, memorably said: “Our Constitution fathers did not intend that we just set up hovels, put students there, give untrained teachers, give them bad textbooks, no playgrounds, and say, we have complied with Article 45 and primary education is expanding.

They meant that real education should be given to our children between the ages of 6 and 14″ – (MC Chagla, 1964). In the 1990s, the World Bank funded a number of measures to set up schools within easy reach of rural ommunities. This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s.
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What is the Education Act 2011 2002?

Education Bill receives Royal Assent The coalition government’s Education Bill has today been granted Royal Assent. This completes the legislative framework for the government’s key education reforms, and paves the way for important changes in schools in England.

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a power for schools to search pupils without consent for any dangerous or banned items the removal of restrictions that prevent schools from issuing detentions to pupils without providing 24 hours’ written notice new pre-charge reporting restrictions on allegations of criminal offences made by pupils against teachers at their school a power to create an entitlement to free early years provision for disadvantaged two-year-olds reforms to the procedure for the establishment of new schools, to give preference to Academies and Free Schools a re-focusing of Ofsted routine school inspections on four key areas that matter most to parents a power to exempt schools from routine Ofsted inspections new powers to tackle underperforming schools, including extended powers for the Secretary of State to close them the abolition of five existing arms-length bodies, with some of their functions transferring to more efficient new executive agencies, which are directly accountable to the Secretary of State.

Schools Minister Nick Gibb said: This new legislation hands to teachers all the powers they need to ensure that every classroom is a safe and ordered place where children are free to learn. It focuses school inspection on educational standards and strengthens school accountability to drive continued improvement in academic standards.

  • We are determined to deliver for parents the type of schools they want for their children and this new Education Act is an important part of this programme.
  • The Department for Education has received Royal Assent for two significant Bills since the Coalition Government came to power.
  • Both provide powers to transform the education system and raise standards in schools.

The first – the Academies Act 2010 – gave all schools the chance to enjoy Academy freedoms. This year, Academies reported GCSE improvement rates double that of the national average. More than 1,500 schools have also applied to become Academies – meaning that 40 per cent of secondary schools are, or are seeking to become, Academies.

The Academies Act 2010 laid the legal foundations that are allowing important structural changes to take place in the education system, by giving teachers, heads and other local people the powers and autonomy they need to raise standards.The Education Act 2011 will build on the significant structural changes made possible by the Academies Act – allowing the reforms made to the schools system to go even further.Most provisions in the Act will take force within the next two months; those relating to abolition of most arms-length bodies will take effect around the end of the financial year; and the remainder of the Act commencing at the start of the next school year.

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Why did Government make RTE Act 2009?

Right To Education (RTE) Act 2009 – Importance, Meaning, Facts The Parliament of India enacted the Right To Education Act 2009 to grapple with the downward spiral of the education system and poor learning outcomes. The act aims towards providing free and compulsory elementary education to kids between the age group of 6 years to 14 years,

  • The Indian government wants every Indian child to get a quality education, irrespective of gender, caste, creed, and family income.
  • The RTE Act was enacted on 4 August 2009, and since its inception, we have seen a lot of changes in the enrolment levels, equitable access, literacy rates of states and education standards.

Let us look at the impact of the right to education act and the important statistics you need to know.
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Who started RTE Act 2009?

Passage – 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 26 August 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 then Prime Minister Manmohan Singh, In his speech, Dr. Singh stated, “We are committed to ensuring that all children, irrespective of gender and social category, have access to education.

An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India.” It has now come into force in Jammu and Kashmir after its reorganisation into a Union Territory of India in 2019.

The RTE Act provides for the right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group.

‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age-appropriate class.

  • It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
  • It lays down the norms and standards relating inter alia to pupil-teacher ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.

It provides for rational deployment of teachers by ensuring that the specified pupil-teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings.

  1. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
  2. It provides for appointment of appropriately trained teachers, i.e.
  3. Teachers with the requisite entry and academic qualifications.

It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition. It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.
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What is the conclusion of RTE Act 2009?

Right to Education under Article 21-A of the Indian Constitution – To give better effect to the Unni Krishnan judgement, the Parliament passed the 86th Constitutional Amendment Act, 2002 (w.e.f.1.4.2010) which inserted Article 21-A under Part III of the Constitution envisaging the fundamental right to free and compulsory education for all children between the age group of six to fourteen years.

Article 21-A has been hailed as the most significant of all fundamental rights because one’s ability to enforce his fundamental rights comes from his education. This was observed in Ashok Kumar Thakur v. Union of India (2008 SC), Also, it may be noted in this regard that under Article 21-A read with Article 19(1)(a), every child has the right to have the medium of education in the language of her choice.

This was held in the state of Karnataka Vs. Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools &.Ors (2014) Moreover, under Article 21-A every child has the fundamental right to receive an education free from fear of security and safety because the children have a right to receive education in a sound and safe building with certain fire safety precautions in place as observed in the Avinash Mehrotra v.

Union of India & Ors. (2009) case, With the advent of Article 21-A, India joined the club of about 135 countries where children enjoy education as a fundamental right. The 86th Constitutional Amendment Act, 2002 also inserted Clause (k) under Article 51-A envisaging the fundamental duty of a parent or guardian to provide opportunities for education of his child or ward between the age group of six to fourteen years.

This was added to encourage and prompt parents and guardians to bring their children or wards to schools for education. In the international sphere, various treaties including covenants, conventions, charters, declarations, recommendations, etc., have recognised the Right to Education. Compared to recommendations, declarations and other soft laws, treaties ensure the strongest guarantees because they impose an obligation upon the state.

  • UNESCO Convention against Discrimination in Education (1960)
  • International Covenant on the Elimination of All Forms of Racial Discrimination (1965)
  • International Covenant on Economic Social and Cultural Rights (1966)
  • Convention on the Elimination of All Forms of Discrimination against Women (1979)
  • Convention on the Rights of the Child (1989)
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of their families (1990)
  • Convention on the Rights of Persons with Disabilities (2006).

A more comprehensive overhaul of the international basis behind the Right to Education, though beyond the scope of this article, can be accessed here, The salient features of the RTE Act linked up with their relevant provisions are as below:

  1. Right to free and compulsory education (Chapter II of the Act):
  2. Fundamental right of every child between the age group of 6-14:

According to Section 3(1) of the RTE Act, every child of the age group of six to fourteen years shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.

No fee or charges or expenses:

According to Section 3(2) of the RTE Act, no school fees, capitation fees, charges or expenses are to be borne by a child to get elementary education which may prevent him or her from pursuing and finishing his or her elementary education.

Free textbooks, writing materials, uniforms:

Corollary to the provisions of Section 3(2) of the Act, every student is entitled to free textbooks, writing materials and uniforms.

Applicable even to children with disabilities:

According to Section 3(3) of the RTE Act, any child with disabilities will also have the right to access free and compulsory education at par with children with disabilities under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995,

Special provision for children lacking pre-school education after 6 years:

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Section 4 of the RTE Act comes to the rescue of children who missed or lack in their pre-school education. In other words, Section 4 protects the children who even after six years of age were not admitted to schools or though admitted could not complete their elementary education.

Right of transfer to other schools:

According to Section 5 of the RTE Act, if a school fails to provide the requisite facilities to complete the elementary education, any student shall have the right to transfer his school to any other school other than a school belonging to a specified category or an unaided school.2) Duties of appropriate govt., local authority & parents to establish schools: Section 6 of the RTE Act lays down the duty upon the state to establish schools in neighbourhoods for the purpose of implementation of the provisions of this Act within three years of the commencement of the Act.3) Sharing of financials and other responsibilities: According to Section 7 of the RTE Act, both the Central Government and the state governments shall have concurrent responsibility for providing and sanctioning funds for enforcing and carrying out the provisions of this noble Act.

The Central Government shall develop a national framework of the curriculum with the help of proper authority, develop and enforce parameters for the training of teachers, and provide technical support and resources to the state government for promoting innovations, research, planning and capacity building.4) Duties of appropriate government and local authority: According to Section 8 and Section 9 of the RTE Act, it is the duty of the appropriate government and local authority respectively to ensure that the children are getting their Right to Education guaranteed under the Constitution and RTE Act, ensure that the children from economically weaker sections and disadvantaged groups are not facing any discrimination etc.5) Duty of parents and guardians: According to Section 10 of the RTE Act, it shall be the solemn duty of every parent or guardian to admit his or her child or ward, as the case may be, to an elementary school in the neighbourhood for an education.6) Appropriate government to provide for pre-school education: According to Section 11 of the RTE Act, in order to sufficiently prepare children below the age of six years for elementary school education, the appropriate government may take due measures to freely educate such children above the age of three years.7) Minimum twenty-five percent reservation: According to Section 12 of the RTE Act, a minimum of twenty-five per cent reservation for the economically weaker and disadvantaged group needs to be kept at all aided schools.

Even the schools belonging to specified categories and any unaided schools not receiving any kind of aid or grant from the government or local authorities are required to keep the stipulated reservation of a minimum of twenty-five per cent mandated by the RTE Act.8) Reimbursement to unaided schools: Section 12 of the Act also lays down provisions by which the unaided schools carrying out the Right to Education duties under the RTE Act are reimbursed for expenditure incurred by it.9) No capitation fees and screening procedure: According to Section 13 of the RTE Act, no children or their parents are to be subjected to any sort of screening procedure or required to pay any capitation fees for admission purposes.10) Proper pupil-teacher ratio: Section 25 of the RTE Act lays down provisions for a proper pupil-teacher ratio so as to ensure that in the attempt of reaching the masses, the quality of education imparted does not slide down.

SL.No Case Laws Court; Bench Held/Observations/Directions related to Right to Education
1. Mohini Jain v. State of Karnataka, 1992 (capitation fee case) Supreme Court, Two Judge Bench The Court accepted that expressly Right to Education as a fundamental right has not been laid down, but reading Article 21 along with Directive Principles in Articles 38, 39, 41 and 45 the Court opined that the Constitution framers wanted to put a mandatory obligation on the state to provide education to its citizens. The Bench further declared that charging a capitation fee amounted to discrimination on a class basis thus violating Article 14 of the Constitution. The Bench took an absolutist view in imposing the state’s obligation to provide education at all levels.
2. Unnikrishnan, JPv. State of Andhra Pradesh, 1993 Supreme Court, Five Judge Bench The Mohini Jain Case came to be reconsidered before a higher bench in this case. The Court reiterated that the Right to Education is a fundamental right flowing straight from the right to life guaranteed under Article 21. But the Court also laid down that the parameters of this Right to Education were not absolute. Instead, the dimensions of this right were to be determined in light of the Directive Principles enshrined in Articles 41, 45 and 46. Thus, the Court partially overruled the expansive view of the state’s obligations to provide education for all levels and held that: Every citizen (child) has the right to free education till the age of 14 years. After 14 years, such a right will depend on the economic capacity and development of the state. Regarding capitation fees, the Court held that the private unaided educational institutions can charge higher fees but have to restrict themselves within the fixed ceiling.
3. TMA PAI Foundation v. State of Karnataka, AIR 2003 SC Supreme Court,11 Judge Bench(6:5 majority) The scheme of conditions like the restriction of fees up to a certain limit etc. imposed by the Unni Krishnan judgement was held to unreasonable restriction under Article 19(6) of the Constitution. This scheme was replaced by another judicially evolved scheme elaborated in the case of Islamic Academy of Education v. State of Karnataka, 2003 and PA Inamdar v. State of Maharashtra, 2005.
4. Pramati Educational & Cultural Trust v.Union of India, 2014 Supreme Court, Five Judge Bench This case was a reference from the 3 Judge Bench judgement in the 2010’s Society for Unaided Private Schools of Rajasthan v. Union of India and ors. Case. In this case, the Bench upheld the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and Article 21-A. This was a reaffirmation of the court’s earlier position in the Society case. The later part of the Pramati Case exempts all minority institutions from the ambit of the RTE Act. This is an increase of the ambit of exemption from the Society of unaided pvt. school case, which had limited it to unaided minority institutions. Minority institutions here mean both religious and linguistic minorities, as prescribed within the Constitution.
5. Action Committee Unaided Recognised Schools v. Justice For All, (2021) Supreme Court, Two Judge Bench The Court observed that to make Article 21-A a reality, the urgent need of underprivileged children i.e. economically weaker and disadvantaged children to have proper access to online education cannot be denied. The Court further observed that the state cannot shake off its obligations under Article 21-A and the RTE Act to children between 6 to 14 years citing a lack of funds.

The implementation of this noble Act has faced its own share of hurdles and even can be called lackadaisical in some aspects. It must be noted in this regard that Article 21, Article 21-A, RTE Act are mere tools. Unless collective efforts at all levels are present and working in synergy, transforming this dream into a reality will remain uncherished.

For smooth implementation of the Right to Education Act proper monitoring and evaluation processes is necessary which are described below: (i) School Management Committees (SMCs): SMCs include elected representatives of the local authority, teachers at the school, parents or guardians of students enrolled in such schools and act as a connecting link between the local community and the school.

They also oversee that the schools are meeting their basic requirements from time to time. The delays in the formation of SMCs should be avoided for then the continuous assessments and inspections conducted by them that ensure proper implementation of the RTE Act will be jeopardised.

  1. The states should also develop their School Development Plans (SDPs).
  2. SDPs are strategic and well-structured plans prepared by the SMCs for increasing the efficiency in school functioning.
  3. Thus the SMCs should be formed in a timely fashion and they should meet frequently for the better implementation of the RTE Act.

(ii) Internal audit: The internal audit of the RTE under the Sarva Shiksha Abhiyan (SSA) Scheme by the Chief Controller of Accounts should be conducted at the central level instead of conducting them through the internal audit wings of the concerned ministries/departments for smoother implementation of the provisions of RTE Act; and (iii) The National Advisory Council (NAC): The NAC was set up in 2010, as per Section 33 of the RTE Act, to advise the Central Government on proper implementation of the provisions of the RTE Act, 2009. Right To Education Enacted In Parliament In The Year Some of the criticisms hurled at the Right to Education Act, 2009 are as follows:

  1. Lack of quality education: The quality of education imparted even after more than a decade of implementation of the RTE Act is pretty abysmal. A huge number of the teachers still remained untrained. Students of such schools are unable to comprehend their expected level of education done by their counterparts in standard city schools. Mere rote learning is the day to day business even in best-case scenarios. Lack of focus in the Learning Outcome process in the provisions of the RTE Act is silently eating away at the fruits of the Act. Also, the lack of proper provisions envisaging disciplinary actions against teachers being negligent in imparting their constitutional and statutory duties towards the Right to Education has contributed to the serious fall in the quality of education.
  2. Incidents of corporal punishment : Even though any sort of corporal punishment is strictly prohibited by the RTE Act under its Section 17, in reality, such physical punishments and mental harassments go on rampant and to make matters worse, the children are unaware of their rights regarding not to be physically beaten by their teachers. High levels of absenteeism because of corporal punishment by teachers are becoming an unfortunate reality and this totally sidetracks the process of education.
  3. Lack of proper infrastructure: The absence of safe and secure infrastructure is another menace. The prescribed provisions in the Schedule of the RTE Act read with Sections 19 and 25 of the RTE Act like proper teacher-student ratio, separate toilets for boys and girls, ramps for the physically disadvantaged and other norms and standards for the schools are missing in most schools. Inefficient fund channelisation and misuse of fund money have stood as a giant hurdle in the path of proper school infrastructure.
  4. Lack of care towards children outside the age mandate : Another major realistic drawback of the RTE Act provisions is that such provisions only cater for students between the age group of six to fourteen years. But from the age of two and half years only, most pre-school learning starts. The provision of Section 11 of the RTE Act and Article 45 of the Constitution asking the state to take proper measures at the preschool level is the only directory in nature. Thus, though the RTE Act allows the joining of children at any level suited to them, the absence of any proper bridge courses/classes or absence of free and compulsory education before the age of six years creates practical hurdles in the learning pathway of the children. If the RTE Act included all children between the age group of three to eighteen years at the least, many practical problems faced by the children and their poor and disadvantaged family members can be sorted out.
  5. Lack of coordination with child labour prohibition laws : Another important reason for the reassessment of the age group under the RTE Act is because till date millions of child labourers are slogging away in the shadows. Most of these children are outside the age group of six to fourteen years. In the absence of proper sync and due reference between the provisions of the RTE Act and the Child Labour (Prohibition and Regulation) Act,1986, proper mitigation of social evils like child abuse, child labour will not become a thing of the past. Provisions curbing child labour along with their Right to Education will create stronger and better chances of bringing the children to the schools from their terrible workplaces.
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National Educational Policy (NEP), though not devoid of criticisms, inter alia aims to reinforce some of the provisions and fill some of the lacunae of the Right to Education (RTE) Act. In the light of NEP, some of the provisions of the RTE Act are as follows:

  1. The RTE Act provides for free and compulsory education to children of age 6 to 14 and there is a possibility under NEP that the age bracket will be revised to 3-18 years.
  2. The Central Government is becoming more involved in education through the NEP and this will help in better implementation of the Right to Education.
  3. NEP provides for better optimization of the pupil-teacher ratio (PTR), safe and proper school infrastructure and quality teacher training has been emphasised for creating access to quality education even in rural areas and thus fulfils the practical gaps of RTE.
  4. Child labour should have been a thing of the past by now because of the RTE but unfortunately, it still exists and now NEP aims a strong blow at the curse of child labour by skilling the children and making them industry/market-ready. From an employee manufacturing study model the shift to an employer building study model boosts the underlying principles of the RTE Act.
  5. RTE Act did away with corporal punishment in the interest of the psychological well-being of students and the NEP reinforces this idea with several of its provisions viz. the mandatory availability of counsellors in schools for the emotional wellbeing of the children.
  6. Also, the draft NEP of India recommends the addition of Early Childhood Care and Education (ECCE) within the scope of the RTE Act thereby strengthening the provisions of the RTE Act.
  7. The RTE Act was extremely crucial in curbing unrecognised schools and unregulated coaching and the NEP goes a step ahead and proposes to revise assessment frameworks and competitive exams to check the rat race of corporate coaching culture.
  8. Even though the RTE Act has provisions to improve the quality of education, the NEP further strengthens the goal of quality education and takes India a step closer to becoming a global superpower.

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When did girls get the right to education?

August 27 is the anniversary of the first time women formally gained access to university education in the UK. On this day in 1867, the University of London was granted a charter by Queen Victoria, allowing it to introduce the ‘Special Examination for Women’.

  1. It wasn’t until the following year, 1868, that the first nine female graduates sat these new examinations.
  2. This makes 2018 the 150th anniversary of this momentous occasion.
  3. The supplemental charter came as a result of increasing pressure and demand in the 1860s for inclusion of women in higher education.

Candidates were required to pass at least six papers across a wide range of subjects: Latin, English Language, English History, Geography, Mathematics, Natural Philosophy, Greek, French, German and Italian, and either Chemistry or Botany. Some questions included in these exams were: ‘Draw a plan of the city of Rome’, ‘Extract the square root of 1245456′ and ‘Give a brief account of the Second Punic War, with the dates of the principle battles’.

Nine pioneering women took the examinations, and of these, six passed, progressing on to fields including politics, law and teaching. The University of London is celebrating this anniversary throughout 2018, with its ‘Leading Women’ campaign, The campaign highlights 150 extraordinary women associated with the University, including Louisa Garrett Anderson, the first woman doctor in the UK, novelist Virginia Woolf, and Helena Normanton, the first woman to practise as a barrister in England.

It would be another ten years before women were permitted to take the same degree programmes and examinations, however, this event was hugely significant for the University, for women and for society as a whole. Dr Mary Stiasny, University of London Pro Vice-Chancellor (International) and chair of the campaign said “Given the extraordinary reach of the University of London and its 17 member institutions, the Leading Women campaign aims to generate debate around these issues, to suggest solutions and to actively provide opportunities for the next generation of women.
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How many girls don’t have the right to an education?

Education is the quickest path to girls’ equality – An educated girl can change the future – for themselves, their families, their communities and the planet. Imagine what the world could look like if all girls were able to unleash their talent? Yet all around the globe, there are more than 130 million girls who are currently denied their right to an education 1,

That’s 130 million girls who are denied the opportunity to reach their potential and to have choices about their futures. And this number is likely to increase due to the effects of global lockdowns from COVID-19. In 2020, the scale of global school closures was unprecedented. It is estimated that up to 20 million secondary school-aged girls were pushed out of school as a result of the pandemic.

This threatens to undo the years of progress and hard-won gains we’ve made for development and gender equality and it puts girls around the globe at a higher risk of forced marriage, early pregnancy and violence. We cannot afford to wait on getting girls back to school – we must act now to make sure that girls are not left behind as we build back from COVID-19.
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Is education a child rights?

Every child has the right to an education. Primary education should be free. Secondary and higher education should be available to every child. Children should be encouraged to go to school to the highest level possible.
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What is the difference between right to education in 2002 and right to education in 2009?

What is the Right to Education? – The 86th Amendment Act of 2002 makes the Right to Education in India a fundamental right. The RTE Act 2009 is “the Right of Children to Free and Compulsory Education Act”. In August 2009, it was approved by Parliament. Candidates preparing for the UPSC exam must check out the Right to Education Act 2009 UPSC Notes PDF here below:
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What is right to education 2008?

Highlights of the Bill –

The 86th Constitution Amendment Act, 2002 requires the State to provide free and compulsory elementary education to all children. The Right of Children to Free and Compulsory Education Bill, 2008 seeks to give effect to this Amendment. All children between the ages of six and 14 years shall have the right to free and compulsory elementary education in a neighbourhood school.

No child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. Schools may not screen applicants during admission or charge capitation fees. A child who completes elementary education shall be awarded a certificate.

Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools, and unaided schools shall admit at least 25% of students from disadvantaged and economically weaker groups.

A person who wants to file a grievance claim shall submit a written complaint to the local authority. Appeals shall be decided by either the State Commission for Protection of Child Rights or the specified authority.

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Is the Education Act 2002 still in force?

Education Act 2002 is up to date with all changes known to be in force on or before 04 March 2023. There are changes that may be brought into force at a future date.
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What is the Education Act 2013?

The Kenyan Basic Education Act of 2013 ensures the right of all children with disabilities to free and compulsory education for the first time in Kenya. However, the Act continues to perpetuate discrimination against Kenyan children with disabilities.
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What is the Education Act 2014?

Under the Act, councils must make sure that education, health and social care services all work together, if that helps them do better for children and young people with special educational needs or a disability.
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What is the Education Act 2016 England?

Status: – This is the original version (as it was originally enacted). An Act to make provision about schools in England that are causing concern, including provision about their conversion into Academies and about intervention powers; and to make provision about joint arrangements for carrying out local authority adoption functions in England.
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Is the Education Act 2002 still in force?

Education Act 2002 is up to date with all changes known to be in force on or before 04 March 2023. There are changes that may be brought into force at a future date.
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