Social Justice Prev Next Right to Education 06 Sep 2019 7 min read Tags: GS Paper - 2Fundamental RightsEducation Why in the news? India’s landmark Right to Education (RTE) Act, 2009 completes its decadal anniversary. Further, renewed focus on skilling and higher education, the RTE remains one of the most important catalysts for India to reap its much-anticipated “demographic dividend.” What is Right to Education? Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A. Why Right to Education? The Right to Education serves as a building block to ensure that every child has his or her right to get a quality elementary education. Constitutional Background Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education. The first official document on the Right to Education was Ramamurti Committee Report in 1990. In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21. Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A. The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution. The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years. The 86th amendment provided for a follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009. Feature of Right to Education (RTE) Act, 2009 The RTE Act aims to provide primary education to all children aged 6 to 14 years. It enforces Education as a Fundamental Right (Article 21). The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged groups include: SCs and STs Socially Backward Class Differently abled It also makes provisions for a non-admitted child to be admitted to an age appropriate class. It also states that sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards related to: Pupil Teacher Ratios (PTRs) Buildings and infrastructure School-working days Teacher-working hours. It had a clause for “No Detention Policy” which has been removed under The Right of Children to Free and Compulsory Education (Amendment) Act, 2019. 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 the appointment of teachers with the requisite entry and academic qualifications. It prohibits Physical punishment and mental harassment Screening procedures for admission of children Capitation fee Private tuition by teachers Running of schools without recognition It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

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