TERM emerges to be one of the most important

 

 

 

 

 

 

 

 

 

 

TERM PAPER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RIGHT
TO EDUCATION ACT , 2009- A CRITICAL ANALYSIS

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SUBMITTED TO:

 

DR. VAGESHWARI DESWAL

 

 

 

 

 

BY:

 

N.P. HAIBILA

 

ROLL NO. 51851

 

LLM (1st Term) 3 Year Course, 2017-18

 

Faculty of Law

 

University of Delhi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 1

 

 

 

Introduction –

 

 

 

 

We all know that education is the
most powerful weapon that can shape the destiny of an individual and also the
nation as a whole. The reason which is behind for demonstrating the lines
between developed and underdeveloped nations is education. Education emerges to
be one of the most important factors running the wheel of progress in the
developed nations. An educated citizen not only developed the economic and
social status of the nation but also political scenario.

 

 

 

The Right of Children to Free and
Compulsory Education Act is an Act of Parliament enacted on 4th August and came into force on 1st April 2009. This Act is also known
as Right to Education or RTE. It delineates the significance of free and
compulsory education for children in the age group of 6 to 14 under Article 21A
of the Indian Constitution. India ranked 135 countries to make education a
fundamental right of every child.1

 

 

 

The title of the Act constitutes the
words „free and compulsory?. „Free education? means that a child which are in
the age group of 6 -14 shall not be liable to pay any kind of fee or expenses
which may prevent him or her from tracking and completing elementary course.
„Compulsory education? casts a commitment on the appropriate Government and
local authorities to furnish and assure admission with attendance and
completion of elementary course of the children of age of group between 6 to
14.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1              
India joins list of
135 countries in making education a right. The Hindu news, April 2010

 

Page 2

 

Main
Characteristics of Right to Education (RTE) Act, 2009

 

1.    
Free
and compulsory education is to be given to all Children of India in the age
group of 6 to 14.

 

 

 

2.    
No
child shall be allowed to hold back, cast out or required to pass a board
examination till he or she has completes elementary education.

 

 

 

3.    
If
in a case, where a child above 6 years of age has not been admitted in any
school or could not complete elementary education, then the child shall be
admitted in a class appropriate to his or her age. However, when a child is
directly admitted in the class appropriate to his or her age, in order to grade
with others, the child have a right to receive special training as may be
prescribed. Provided further that even after completing of 14 years, a child so
admitted to elementary education shall be entitled to receive free education
till the completion of elementary education.

 

4.    
To
get enrolled in the elementary education, the birth certificate issued in
accordance with the Provisions of Birth, Deaths and Marriages Registration Act
1856, or any such other document as may be prescribed is to be issued for
determining the age of the child. No child shall be rejected in admission in a
school for lack of age proof.

 

5.     
A certificate
shall be awarded for a child who completes elementary education.

 

6.    
Call need is to be
taken for fixing a student–teacher ratio.

 

7.    
25%
reservation is to be given for economically weaker communities in admission in
all private schools.

 

8.    
Improvement in the
quality of education should be taken care.

 

9.     
School teachers
are required to have professional degree within five years or else will

 

lose
job.

 

10.  School infrastructures (where there
is a problem) need to be upgrade in every 3 years if not recognition will be
cancelled

 

11. .Financial burden
will shared both by the central and the state government

 

 

 

Page
3

 

CHALLENGES BEFORE RTE ACT

 

 

 

In order to implement and bring
changes for the children of age group of 6-14, RTE has faced many challenges.
Some of the main challenges are as follows:

 

 

 

·      
Fiscal Challenges: Government of India is already
tormenting with various financial hurdles
and challenges because of the implementation of RTE. According to Act, the

 

fiscal burden has to be shared
between the center and the states in the ratio of 55:45 and 90:10 for the North-Eastern
States.2 This project involves a big amount
of funds to the tune of Rs. 15,000 crores. Many states like Uttar Pradesh,
Bihar and Punjab have already precise their incapability to muster the fund in
the absence of funds from the centre and a scene of dispute has raised between
the centre and the state. The attainment as well as the fiscal matters largely
hinge upon the collaboration between the states and the centre.

 

 

 

·      
 Challenge of Hiring Qualified
Teachers: The scarcity of
good and qualified teachers for
government schools is going to be one of the hardest tasks to be achieved in
implementing the act. Since teachers are the main backbone of education and
their absence ruins the goal of the act. The matter of fact remains the same,
about one fourth of the teachers of government school are on leave in India at
any given point of time and most of them are not able to carry out their
profession due to numerous reasons. The act helps the school drop outs and others
kids who are unable to get

 

education to flow back into
education stream. This requires the demands of hiring qualified teachers.3

 

 

 

·      
 Challenge to Furnish Proper
Infrastructure: The
survey taken has show that Government
Primary Schools lacks basic facilities which ought to be given to children. The
students have to sit on the floors; there are no separate toilets and no
separate office even for the school principal. No separate kitchen to prepare
mid-day meals could be seen in all of the primary schools. These show the real
picture of India?s schools. The Act also claims that the buildings of all the
schools should be

 

weather proof. Basic facilities of
drinking water, playground for kids, and separate toilets should be given which
is lacking in most of the government schools.4

 

 

2              
Sec 7(1) of the RTE
2009

 

3Sec 23 of the RTE 2009

 

4Sec 22 of the RTE 2009

 

Page 4

 

 

 

·      
 Challenge in Bringing Quality in
Education: Empowering
quality education is one the main
features of the Act. Human Resource Minister has paved the way to all in
bringing huge challenges in regard to quality education. It is a matter of fact
that in the absence good and qualified teachers, it will difficult to achieve
the aim of the Act.

 

So, appointment of teachers should
be done strictly with certain qualification as per required. As per the Act, no
student should be cast out from school till the age of 14.5

 

 

 

·        Enforcement of 25% Quota for Weaker Sections: 25% of reservation to be given

 

by private unaided schools for a
child belonging to weaker sections of society.6 The question was raised whether it
was a boon or a bane. By this clause, it give an assurance that the government
itself has accepts that the government schools are inefficient in giving good
quality education. But the question here is how we define weaker sections. Many
malpractices can inch in through this mechanism. A well monitored mechanism
needs to be set up to secure its fair implementation of the clause.

 

 

 

·      
 Challenge to Bring Back Child
Laborers to Schools: RTE
has become a fundamental right of each
and every child in the age group of 6-14.The children who are deprived of
schools and bound to involve in child labors should be brought back to school
and such requirement should be made hence off. According to official figure,
there are more than 12 million children in India who are engaged in child
labor. An effective measure should be taken up to get rid of child labor.

 

 

 

·      
 Preference of Parents: It is one of the most important
challenges taken up by the Act. Most
of the parents have preferred private schools for elementary education for
their kids. When surveyed online and interviewed data was taken, it show 95% of
parents had preferred private primary schools for their kids and the reasons
behind it was that the private schools ensure better infrastructure, good and
qualified staff and possess quality education.

 

 

 

 

 

 

 

 

 

 

5              
Sec 24 of the RTE
2009

 

6The Society for un-aided private school, WP (Civil) no. 95 of
2010

 

Page 5

 

 

 

Suggestions to make the RTE Act effective-

 

 

 

Some
of the suggestions have been put forward, they are-

 

·      
Provision of infrastructure in
schools: Most often the
government schools lacks to ensure
proper infrastructure and adequate requirements. The government can follow the
two steps given below. Firstly, it is a time based project. The government
should bring development in buildings and then open a school. But here it is
turns out the opposite. The schools only appear in papers and files and then
the building appears years later. The other option is that the government has
many other good government senior secondary schools with better facilities and
infrastructure like central schools,

 

jawahar novodya vidyalayas etc.
These buildings can be used for primary schools and class 11th and 12th can have evening shifts. By
following these steps, it can save a lot of investment to be made on
infrastructure of government primary schools.

 

·      
The Teachers of Primary School
should be free from extra duties:
Giving quality education is the main
purpose of an elementary primary school especially the child in the age group
of 6-14, who are at the stage of learning basic knowledge and quality
education. Most often teachers are involved in many other duties besides
teaching for example in the maintaining of building, in supervising and
supplying material in the construction of work, to keep an eye on the
preparation of mid day meal etc. All these disturb the main function of the
teachers and disconnect the bonding between student and the teachers.
Therefore, it is the utmost suggestion that a role of a teacher should be
followed strictly and avoids them from imparting other activities.

 

 

 

·      
Massive participation: The participation and the
awareness through different process like
civil society, youth and NGO?s should be taken up for the weaker section to
avail the rights and responsibilities and also to be made as part of our
society. Through these participation and awareness, it can create a clean and
fair environment with healthy atmosphere. Beginning from one, we should accept
them to mingle and study with our kid?s in spite of the fact of their
socio-economic background.

 

 

 

·      
The Right to Education Act should
not be restricted to the age of 14 years:
The Act should not be restricted
even if they have crossed the age of 14 rather a new Amendment should be made
to raise up to the secondary level or any vocational courses. This will help
them in shaping their future and fulfilling one?s obligation.

 

The
central and the state government should also introduce diplomas and

 

 

Page 6

 

specialization in various sectors
like IT, media, entertainment, telecommunication, automobile, construction,
etc.7

 

 

 

·      
MSS (Modal School System): Decades ago, CSS (Common School
System) was an essential step from
abstaining discrimination and striving for attaining equality but with the
passage of time, it should be changed into MSS (Modal School System) based on
the present needs and demands of the society where a quality education should
be given free of cost and in accordance with private institute design and
motive.

 

 

 

·      
The Role of Parents: One of the most important roles to
make RTE Act a major success in
India is participation of the parents. They should be motivated and encouraged
to take part in various counseling and making them aware about RTE Act through
media, billboard, booklet, circular, leaflet, campaigns, rallies, etc. By doing
this we can ensure a better generation.

 

 

 

·      
Provision of Stringent Punishment :Provision for strict punishment for
the violation of this Act should be
made and the responsibilities to be taken up the state government, central
government, parents, teachers, administrators, children and society members
should be fixed and regulated. A mandatory rule should be made for

 

all the government employees,
whether central or state agency, to send their children for primary schooling
in government aided institutes. A redressal forum – The National Commission for
Protection of Child Rights (NCPCR) is available for a child related to any
grievances of his or her rights under the RTE Act.8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7              
Mohini jain vs.
State of Karnataka AIR 1992 SC 1858

 

8Sec 32 of the RTE Act 2009

 

Page 7

 

LOOPHOLES OF THE ACT-

 

 

 

Despite its remarkable step the
Right of Education Act suffers from some serious flaws. The act has been
largely condemned for being hastily drafted without seeing the quality of
education and not consulting many groups who are active in the field of
education. It has also infringed on the rights of private and religious
minority group schools to administer their system and for excluding children
under 6 years. RTE Act has been compared to that of the Sarva Siksha Abhyan and
DPEP of the 90?s which was criticized for being inefficient and corrupted. One
of the most criticized areas under the act is that orphans were deprived of the
benefits of the act, because they do not hold important documents like that of birth
certificate, BPL certificate which are eligible for admission.

 

 

 

The act has also been criticized on
the condition wherein school owners along with the bureaucrats tend to go
corrupted. It is often perceived that parents prefer private schools with the
view that the quality of education provided in private institutions are far
better than those of Government institutions .But the fact remain that
Government form the largest provider of elementary education in the country,
forming 80% of all the recognized schools. Despite being the base of providing
education in the country, government schools are neglected of having proper
infrastructure, adequate number of teachers and quality education. There have
been frequent allegations of the government schools being riddled of
absenteeism and mismanagement. And we can also find a very dreadful and
shameful act in which appointment of teachers have been done on political basis
rather than on merit which actually ruin the development of nation as a whole.
Furthermore, the system has been criticized for providing to the rural elites
who are able to afford school fees in a country where a large number of
families live in an absolute poverty. It is well described that education is a
mean as well as an end to a better life but political leaders used it as an end
which in turn became their political manifesto. Well- known educationist Anil
Sadagopal said of the hurriedly drafted act as: “It is fraud on our children.
It gives neither free education nor compulsory education. In fact, it only
legitimizes the present multi-layered, inferior quality school education system
where discrimination shall continue to prevail”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 8

 

 

 

CONCLUSION

 

 

 

Right to Education is a fundamental
right like Right to work which is one of the inherent fundamental importance.
Fundamental rights play an important role in one?s life and it is justifiable.
Fundamental rights cannot be enjoyed unless a person is educated and due to
lack of basic education among the people, we often rendered it as non
justifiable. Right to Education Act took up an important step to provide
responsibility which give basic education to the children of age group between
6 to 14 years and also help a drop-out student to further continue their
studies. The act not only provides basic education but it cast an obligation to
avoid discrimination from all level of education system. It also set a standard
of education which helps in providing quality education towards the children.
Participation in decision making and making it successful can be only achieved
when one has cultivated the value and importance of education.

 

 

 

India being a nation where Right to
Education has become one of the fundamental rights, would of be of any
significance in real sense when there is lack of quality education? The right
to education act put up all the responsibility for all the parties to perform
their respective duties like centre and state governments are responsible for
the development and improvement of infrastructure like schools, extra
curriculum, teacher trainees, teacher and their recruitments, placements, new
policy etc. In promoting to right to education act, private institute should
have a fair clean and healthy environment. They should posses a warm welcoming
attitude to all the children and avoid all kinds of discrimination base on
caste, color, sex, race etc. Before the coming of RTE Act, central government
has launched various kinds of initiative like Five Year Plans, Sarva Siksha
Abhyan(SSA), Mid Day Meal Schemes, Rastriya Madhmayak Siksha Abhyan (RMSA) to
promote universalization of primary education. Thus, we (government) should
learnt from past experienced and effective remedial measures should be taken up
by the concern authorities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 9

 

 

 

BIBLIOGRAPHY-

 

 

 

 

·      
Dr.
Ajit Mondal, Dr. Jayanta Mete, “Right to Education in India” vol.1 History
since-1813 vol.2 Act 2009. Gyan Publishing House-2016.

 

·      
Vikaspedia.in/education/policies-and-schemes/right-to-education/right-to-education-act

 

·      
International
Journal of Educational and Psychological Research (IJEPR) vol.1 issue 2, pp
27-30, oct 2012

 

·       Government of India, RTE Act ,2009

 

 

·       https://en.m.wikipedia.org> wiki>
Right-of-Children-to-Free-and-Compulsory-Education-Act

 

·      
www.iosrjournals.org/vol6-issue4

 

·       https://www.educationforallinindia.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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