The Constitution (Eighty-sixth Amendment) Act, 2002 added Article 21-A to the Constitution of India, ensuring that every child between the ages of six and fourteen has the right to free and compulsory education. This is recognized as a Fundamental Right, and the specifics of how this is implemented are determined by law. Following this, the Right of Children to Free and Compulsory Education (RTE) Act, 2009 was introduced, which outlines that every child is entitled to a full-time elementary education that is not only satisfactory but also equitable in quality, provided in a formal school that meets certain essential norms and standards.
The RTE Act, along with Article 21-A, came into play on April 1, 2010. The title of the RTE Act highlights the terms ‘free and compulsory’. When we talk about ‘free education’, it means that no child, except those whose parents have chosen a school not backed by the government, should have to pay any fees or costs that might hinder their ability to pursue and finish their elementary education. Meanwhile, ‘compulsory education’ places a duty on the government and local authorities to make sure that every child between the ages of 6 and 14 is admitted, attends, and completes their elementary education. This marks a significant step for India, as it shifts towards a rights-based framework that legally binds both Central and State Governments to uphold this essential child right, as stated in Article 21A of the Constitution, in accordance with 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.
- In simple terms, ‘compulsory education’ means that it’s the responsibility of the appropriate government to ensure that free elementary education is available. This guarantees that every child between six and fourteen years old is admitted, attends, and completes their elementary education. When we say ‘free,’ it means that no child should have to pay any fees or charges that could keep them from getting their 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.