Right to Education

 

 Right To Education 


*Introduction*

Education is a fundamental human right that empowers individuals, enriches societies, and builds a path toward a brighter future. The Right to Education ensures that every person, regardless of gender, race, or socio-economic background, has access to quality education. In this blog, we will explore the significance of the Right to Education, its impact on global development, and the challenges that persist. Let's embark on a journey that celebrates the transformative power of education.

1. Understanding the Right to Education



A. Definition

The Right to Education is a universal human right as recognized in the Universal Declaration of Human Rights (UDHR) and the Convention on the Rights of the Child (CRC). It guarantees that all individuals have the right to free, compulsory, and quality primary education without discrimination. Additionally, it promotes equal access to secondary and higher education opportunities. 


B. Key Elements

The Right to Education encompasses several essential elements, including availability (schools and facilities must be accessible), accessibility (education must be affordable and non-discriminatory), acceptability (education must be culturally relevant and of good quality), and adaptability (education must respond to the changing needs of individuals and society). 


2. The Impact of Education on Society


A. Breaking the Cycle of Poverty

Education is a powerful tool for breaking the cycle of poverty. When individuals have access to education, they can acquire skills and knowledge that open doors to better job opportunities and higher income levels. This, in turn, positively impacts their families and communities. 


B. Gender Equality

Education plays a crucial role in promoting gender equality. When girls and women have access to education, they are more likely to make informed decisions about their health, participate in the workforce, and become agents of change within their societies. 


3. Challenges and the Road Ahead


A. Access to Education

Despite progress, millions of children around the world still lack access to education due to poverty, conflict, and discrimination. Efforts must be made to remove barriers and ensure that education is accessible to all. 


B. Quality of Education

Ensuring a quality education for all remains a challenge. It requires well-trained teachers, adequate resources, and a curriculum that meets the needs of diverse learners. Quality education equips individuals with the skills necessary for personal development and active citizenship. 

Conclusion



The Right to Education is a fundamental human right that can transform lives and societies. It is a powerful tool for breaking the cycle of poverty, promoting gender equality, and fostering economic development. However, challenges persist in ensuring universal access to quality education. By recognizing education as a priority and investing in its infrastructure and resources, we can create a world where every individual has the opportunity to fulfill their potential through learning and knowledge.

RTE Provisions

The provisions of the RTE Act are briefly described below. The Act provides for:

  • The right of free and compulsory education to children until they complete their elementary education in a school in the neighbourhood.
  • The Act makes it clear that ‘compulsory education’ implies that it is an obligation on the part of the government to ensure the admission, attendance and completion of elementary education of children between the ages of six and fourteen. 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.
  • It mentions the duties of the respective governments, the local authorities and parents in ensuring the education of a child. It also specifies the sharing of the financial burden between the central and the state governments.
  • It specifies standards and norms for Pupil Teacher Ratios (PTR), infrastructure and buildings, working days of the school and for the teachers.
  • It also says there should be no urban-rural imbalance in teacher postings. The Act also provides for the prohibition of the employment of teachers for non-educational work, other than census, elections and disaster relief work.
  • The Act provides that the teachers appointed should be appropriately trained and qualified.
  • The Act prohibits:
    • Mental harassment and physical punishment.
    • Screening procedures for the admission of children.
    • Capitation fees.
    • Private tuition by the teachers.
    • Running schools with no recognition.
  • The Act envisages that the curriculum should be developed in coherence with the values enshrined in the Indian Constitution, and that which would take care of the all-round development of the child. The curriculum should build on the knowledge of the child, on his/her potentiality and talents, help make the child free of trauma, fear and anxiety via a system that is both child-centric and child-friendly.

Significance of RTE

With the passing of the Right to Education Act, India has moved to a rights-based approach towards implementing education for all. This Act casts a legal obligation on the state and central governments to execute the fundamental rights of a child (as per Article 21 A of the Constitution). 

  • The Act lays down specific standards for the student-teacher ratio, which is a very important concept in providing quality education.
  • It also talks about providing separate toilet facilities for girls and boys, having adequate standards for classroom conditions, drinking water facilities, etc.
  • The stress on avoiding the urban-rural imbalance in teachers’ posting is important as there is a big gap in the quality and numbers regarding education in the villages compared to the urban areas in the country.
  • The Act provides for zero tolerance against the harassment and discrimination of children. The prohibition of screening procedures for admission ensures that there would be no discrimination of children on the basis of caste, religion, gender, etc.
  • The Act also mandates that no kid is detained until class 8. It introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to have grade-appropriate learning outcomes in schools.
  • The Act also provides for the formation of a School Management Committee (SMC) in every school in order to promote participatory democracy and governance in all elementary schools. These committees have the authority to monitor the school’s functioning and prepare developmental plans for it.
  • The Act is justiciable and has a Grievance Redressal mechanism that permits people to take action when the provisions of the Act are not complied with.
  • The RTE Act mandates for all private schools to reserve 25 per cent of their seats for children from socially disadvantaged and economically backward sections. This move is intended to boost social inclusion and pave the way for a more just and equal country.
    • This provision is included in Section 12(1)(c) of the RTE Act. All schools (private, unaided, aided or special category) must reserve 25% of their seats at the entry-level for students from the Economically Weaker Sections (EWS) and disadvantaged groups.
    • When the rough version of the Act was drafted in 2005, there was a lot of outcry in the country against this large percentage of seats being reserved for the underprivileged. However, the framers of the draft stood their ground and were able to justify the 25% reservation in private schools.
    • This provision is a far-reaching move and perhaps the most important step in so far as inclusive education is concerned.
    • This provision seeks to achieve social integration.
    • The loss incurred by the schools as a result of this would be reimbursed by the central government.
  • The Act has increased enrolment in the upper primary level (Class 6-8) between 2009 and 2016 by 19.4%.
  • In rural areas, in 2016, only 3.3% of children in the 6 – 14 years bracket were out of school.

Criticism of RTE Act

Even though the RTE Act is a step in the right direction towards the achievement of making education truly free and compulsory in India, it has met with several criticisms. Some of the criticisms are given below:

  • The Act was drafted hastily without much thought or consultation being given to the quality of education imparted.
  • Children below 6 years are not covered under the Act.
  • Many of the schemes under the Act have been compared to the previous schemes on education such as the Sarva Shiksha Abhiyan, and have been plagued with corruption charges and inefficiency.
  • At the time of admissions, many documents such as birth certificate, BPL certificate, etc. are required. This move seems to have left out orphans from being beneficiaries of the Act.
  • There have been implementational hurdles in the 25% reservation of seats for EWS and others in private schools. Some of the challenges in this regard are discriminatory behaviour towards parents and difficulties experienced by students to fit in with a different socio-cultural milieu.
  • Regarding the ‘no detention’ policy till class 8, an amendment to the Act in 2019, introduced regular annual exams in classes 5 and 8. 
    • In case a student fails in the annual exam, he/she is given extra training and made to appear for a re-exam. If this re-exam is not passed, the student can be detained in the class. 
    • This amendment was made after many states complained that without regular exams, the learning levels of children could not be evaluated effectively. 
    • The states which were against this amendment were six states with higher learning outcomes due to their effective implementation of the CCE system as mandated in the Act. (The six states were Andhra Pradesh, Karnataka, Kerala, Goa, Telangana and Maharashtra.)
  • It has been found that many states find it difficult to move to the CCE system of assessment. This is chiefly due to a lack of teachers’ training and orientation.
  • Another criticism levelled against the Act is that instead of increasing the standards and outcomes of the public education system in India, it passes the buck to private schools with some respect.

Making the right to education a fundamental right took more than 6 decades after independence. Now, the government and all stakeholders should focus on the quality of education, and gradually move towards having a single educational system and platform across the country for all sections of society in order to foster equality, inclusion, and unity.

Right to Education Act 


The Right to Education Act 2009, also known as the RTE Act 2009, was enacted by the Parliament of India on 4 August 2009. It describes modalities of the importance of free and compulsory education for children aged between 6-14 years in India under Article 21 (A) of the Constitution of India. This act came into effect on 1 April 2010 and made India one of the 135 countries to have made education a fundamental right for every child. It prescribes minimum norms for elementary schools, prohibits unrecognised schools from practice and advocates against donation fees and interviews of children at the time of admission. The Right to Education Act keeps a check on all neighbourhoods through regular surveys and identifies children who are eligible for receiving an education but do not have the means to.

Educational challenges have been prevalent at both the centre and states for many years in India. The Right to Education Act 2009 maps out roles and responsibilities for the centre, state and all local bodies to rectify gaps in their education system in order to enhance the quality of education in the country.

 

1. Compulsory and free education for all

It is obligatory for the Government to provide free and compulsory elementary education to each and every child, in a neighbourhood school within 1 km, up to class 8 in India. No child is liable to pay fees or any other charges that may prevent him or her from pursuing and completing elementary education. Free education also includes the provisions of textbooks, uniforms, stationery items and special educational material for children with disabilities in order to reduce the burden of school expenses.

2. The benchmark mandate

The Right to Education Act lays down norms and standards relating to Pupil-Teacher-Ratios (number of children per teacher), classrooms, separate toilets for girls and boys, drinking water facility, number of school-working days, working hours of teachers, etc. Each and every elementary school (Primary school + Middle School) in India has to comply with this set of norms to maintain a minimum standard set by the Right to Education Act.

3. Special provisions for special cases

The Right to Education Act mandates that an out of school child should be admitted to an age-appropriate class and provided with special training to enable the child to come up to age-appropriate learning level.

4. Quantity and quality of teachers

The Right to Education Act provides for rational deployment of teachers by ensuring that the specified Pupil-Teacher-Ratio is maintained in every school with no urban-rural imbalance whatsoever. It also mandates appointing appropriately trained teachers i.e. teachers with the requisite entry and academic qualifications.

5. Zero tolerance against discrimination and harassment

The Right to Education Act 2009 prohibits all kinds of physical punishment and mental harassment, discrimination based on gender, caste, class and religion, screening procedures for admission of children capitation fee, private tuition centres, and functioning of unrecognised schools.

The Right to Education (RTE) Forum’s Stocktaking Report 2014 suggested that across the country, less than 10 per cent of schools comply with all of the Right to Education Act norms and standards. While the enactment of the Right to Education Act 2009 triggered significant improvements, concerns regarding the privatisation of education remain. Educational inequalities have held a strong ground in India for many years. While the Right to Education Act offers the first step towards an inclusive education system in India, effective implementation of the same still remains to be a challenge.

6. Ensuring all-round development of children

The Right to Education Act 2009 provides for the development of a curriculum, which would ensure the all-around development of every child. Build a child’s knowledge, human potential and talent.

7. Improving learning outcomes to minimise detention

The Right to Education Act mandates that no child can be held back or expelled from school till Class 8. To improve the performances of children in schools, the Right to Education Act introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to ensure grade-appropriate learning outcomes in schools. Another reason why this system was initiated was to evaluate every aspect of the child during their time in school so that gaps could be identified and worked on well in time.

8. Monitoring compliance of RTE norms

School Management Committees (SMCs) play a crucial role in strengthening participatory democracy and governance in elementary education. All schools covered under the Right to Education Act 2009 are obligated to constitute a School Management Committee comprising of a headteacher, local elected representative, parents, community members etc. The committees have been empowered to monitor the functioning of schools and to prepare a school development plan.

9. Right to Education Act is justiciable

The Right to Education Act is justiciable and is backed by a Grievance Redressal (GR) mechanism that allows people to take action against non-compliance of provisions of the Right to Education Act 2009.

To ensure all schools follow this mandate, Oxfam India in collaboration with JOSH filed a complaint at the Central Information Commission (CIC) in 2011 evoking Section 4 of the Right to Information Act (RTI Act) 2005. Section 4 of the RTI Act is a proactive disclosure section mandating all public authorities to share information with citizens about their functioning. Since schools are public authorities, compliance to Section 4 was demanded.

10. Creating inclusive spaces for all

The Right to Education Act 2009 mandates for all private schools to reserve 25 per cent of their seats for children belonging to socially disadvantaged and economically weaker sections. This provision of the Act is aimed at boosting social inclusion to provide for a more just and equal nation.

Why should we support Education for Girls?
As per UNICEF data records the adjusted primary net enrolment rate for the year 2014-15 was 91 and 90 for girls. About 31 million girls across the globe do not have access to primary education. Equality in the sexes in terms of their access to education and health has an intrinsic value in its own light. In India, the total enrolment in primary schools in India during the year 2014-15 was 1, 97,666 where only 95,556 of them were girls. Young girls in India are often forced to or voluntarily drop out of schools since they either have to look after their younger siblings or have to contribute to the household chores. Centres opened by Oxfam India in different areas in priority and priority plus states help both schools going and non-school going kids to be at par with the school curriculum. The non-school going kids are prepared so that they are able to appear for the admission tests in schools and get enrolled in an age-appropriate class. A child who was unable to read or write is also taught in a manner that suits his interests leading to maximum learning. If a child fails or is unable to clear her tests or exams she becomes demotivated to continue her studies. Community organizations help these children to complete their schooling through registrations with NIOS. These community-based organizations also offer various vocational courses like English speaking, stitching, BPO service calling for the girls to be able to be economically dependent. If educated, girls can contribute equally to economic development thus reducing gender imbalances in terms of education which enhances human capital formation. An extensive study on the human capital theory suggests that education plays a major role in increasing the productivity of the economy by increasing the factor output per worker. Education and human resource development are at the centre of long-term economic developmental plans. The lack of safety and security also leads to girls discontinuing school. Morning school for girl students is followed by afternoon school for boys. Senior students often complain that the boys tease and follow them home at the time when their school is over. Due to they are earlier complaints police patrolling had increased when the girls came out of school however as soon as the number of policemen decreased the boys continued to harass them. Many girls had dropped out of school because their parents believed that it was no longer safe to send their daughters to school. Despite continuous complaints to both the police as well as SMC members the problem still persists. The NCPCR has introduced new guidelines for the health, hygiene, safety, and security of students both in private and government schools. The new guidelines point out that girls must be taught about menstrual hygiene and be supported so that they do not miss school. They also state that schools should ensure zero tolerance on any matter related to sexual abuse of a child and stringent action shall be taken against the perpetrators of law.

An educated girl also understands the high importance of education for her future generations and is able to create a better lifestyle and provide better healthcare to her children. Apart from this, educating a girl child will directly reduce infant and maternal mortality rates, child marriages, domestic and sexual violence in families. An educated girl is also more likely to participate in political discussions, meetings, and decision-making leading to the formation of a more representative and democratic government.

What Is RTE Act 2009

The enactment of the Right to Education Act under Article 21a of the Indian Constitution was a major move to change the failing landscape of education in India. Education is one of the most powerful tools to uplift a nation and equip children with essential skills. According to a report by UNESCO, 159 countries around the world guarantee free education for 9 years or more and India is now a part of the list.

Important points to remember:

  • The act came into effect on 1 April 2010 and it clearly states education is a fundamental right of every child.
  • All private schools must keep 25% of seats reserved for children belonging to weaker sections of society.
  • Unrecognized schools cannot interview a child or the parent for admission.
  • No child pursuing elementary education shall be held back, expelled, or asked to pass a board examination.
  • The RTE act 2009 offers provisions for students who dropped out of school.
  • Schools are not allowed to charge any capitation fee at any step while giving admission to a child.
  • All government and aided schools should create a School Management Committee composed of 75 percent members as parents or guardians.

Importance of Education

Why are 159 countries focusing on improving and providing quality education to their citizens? Since our Independence, Indian governments have worked on various educational policies and financial interventions. Education is a key concern for all political parties, NGOs and society. But why? Let us find out.

  • Education provides opportunities for career development and stability in life.
  • A college degree and knowledge of your subjects increase your chances of getting higher-paying jobs resulting in financial security.
  • Access to quality education reduces the gaps between social classes and uplifts the marginalized sections of society.
  • Education reduces crime and makes our society more peaceful as educated individuals are less likely to participate in criminal activities.
  • Education improves critical thinking and analytical skills.
  • Quality education is one of the most important tools for gaining confidence and expressing your thoughts, perspectives, feelings, or ideas.

Impact of Right to Education Act 2009 on India Education System

Increase in Enrolment in the Upper Primary Levels
The Right to Education act is responsible for increasing the enrolment rate in classes 6 to 8, also known as upper primary classes. As per the data published by the District Information System of Education, between 2009 and 2016, students enrolling in upper primary classes increased by 19.4 percent.

Table 1: Percentage increase in enrolment in the upper primary levels

YearNo. of students enrolled in class VI-VIII(upper primary)Year-on-year increase (in%)
2007-0850,911,110NA
2009-1054,467,4156.5
2010-1261,955,15412
2013-1466,471,2196.8
2015-1667,593,7271.7

Source: District Information System of Education

Odisha, Andhra Pradesh, Bihar, Uttar Pradesh and Rajasthan show a steady increase in enrolment numbers in upper primary grades.

StatePercentage Increase In Enrolment
Bihar6.5
Uttar Pradesh1.1
Rajasthan4.5

However, the enrolment numbers for the same are on a downward trend for Madhya Pradesh, Assam and West Bengal

Table 2b: Percentage Decrease in Enrolment of Students in the Upper Primary Section(2014-2016, Bottom Three States)

Name of StatePercentage Increase In Enrolment
Madhya Pradesh2.7
Assam5.1
West Bengal1.5

 

Improved Infrastructure Norms

The RTE Act Section 19 clearly specifies these norms:

  • Maintain a teacher–student ratio of 1:30.
  • All recognized schools must have ramps for students with disabilities.
  • Clean drinking water facilities on the school premises.
  • Playground for students.

According to the data published by the District Information System of Education, only 13% of all schools are fully equipped to comply with the RTE norms.

The lack of funds and poor management are the two major challenges that need to be resolved quickly. School administrators need to make the best use of the available resources, especially in the rural areas.

25% Quota under the Right to Education Act

One of the primary goals of the RTE Act 2009 is to ensure that every child in India, irrespective of their caste, creed, gender and socioeconomic status, gets a quality education. We have moved from policy-level decisions to creating an environment that promotes education as a fundamental right and a legal obligation of states.

RTE Act 2009 Section 12(1)(c) states that all schools must reserve at least 25% of their seats for children from marginalized and financially backward sections of society.

25-percent reservation strives for social integration of economically weaker sections (EWS) and disadvantaged groups (DG). The school premises should be a neutral place that welcomes all children to learn and grow together.

The central government reimburses the schools for all students that get admission because of the 25% quota.

State-wise variations in the number of admissions under the RTE Act 2009 Section 12(1)(c) are still a big hurdle. For example, Madhya Pradesh filled 88.2 percent of the quota seats while Andhra Pradesh could only fill 0.21 percent. The disparity in the numbers is due to variable state budgets, policy interventions, families’ socioeconomic status, awareness and ease of the process.

“For instance, in 2013-14, Madhya Pradesh had a fill rate of 88.2 percent and Rajasthan’s stood at 69.3 percent. The performance of these two states was in stark contrast to that of Uttar Pradesh, for example, which had a fill rate of 3.62 percent, and Andhra Pradesh with 0.21 percent.”

Criticism of the RTE Act 2009

  • Discrimination towards parents and students who belong to the economically weaker sections (EWS) and disadvantaged groups (DG).
  • Students have a hard time blending in with other students.
  • Lack of confidence in government schools
  • Local authorities cannot keep track of children who can benefit from the RTE Act 2009 Section 12(1)(c), and therefore they cannot seek out children for admission.
  • First-generation students are unable to out the form and miss out on admissions. For example, nearly 33% of applications submitted in Gujarat for admissions under the RTE act were incomplete or inaccurate.
  • Private schools deny admissions as they do not get reimbursed on time.
  • Some parents were asked to pay for the application or donate money for the admissions.
  • Delays in the admissions process result in students dropping out of the program or not getting admission on time.

Other Significant Government Policies that have shaped Indian Education System

  • 1950 Constitutional Mandate
  • National Policy of Education 1986
  • Shri Unnikrishnan judgment 1993
  • Mid-day Meal Scheme 1995
  • Education Ministers’ Resolve 1998
  • Sarva Shiksha Abhiyan (SSA) 2001
  • Article 45

Conclusion

The Right to Education Act is one of the most important reforms in the Indian education system and it has a cascading effect on students’ lives. But a number of cities, villages and towns are still lacking in implementation and management processes. While we can see an increase in the number of admissions in schools under the RTE act, learning outcomes are on a decline.

See the image below to understand the difference in learning outcomes pre and post Right to Education Act.
Note: The results shown below are averages of the data of various sampled districts.


References -

Sources: [Brookings - Quality Education](https://www.brookings.edu/research/what-is-meant-by-quality-in-education/)

Sources: [UNESCO - Out-of-School Children](https://en.unesco.org/gem-report/out-of-school-children)

Sources: [UNICEF - Gender Equality in Education](https://www.unicef.org/education/girls-education-and-gender-equality)

Sources: [World Bank - Education and Poverty](https://www.worldbank.org/en/topic/education/publication/education-and-poverty)

Sources: [United Nations Human Rights Office of the High Commissioner](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx)

Sources: [UNESCO - Right to Education](https://en.unesco.org/themes/right-education)

By- 
Phalke Amit Vitthal
(B.ed. First Year 2023-24)

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