The Right of Children to Free and Compulsory Education Act, 2009

1. Introduction and Functions Sukhwinder Singh Cheema Assistant Professor Doraha College of Education Panjab University Chandigarh 9815676193 The Right of Children to Free and Compulsory Education Act, 2009

2. Historical Perspective of RTE 1598 - Concept of Compulsory Education – Plato’s “The Republic” • 1870 – Compulsory Education Act Passed in Britain • 1882 – Indian Education Commission • 1893 – Maharaja Boroda introduced Compulsory Education for Boys in AmreliTaluk.

3. Historical Perspective of RTE • 1906 – Maharaja Boroda extended Compulsory Education to Rest of the State • 1906 – Gopala Krishna Gokhale made a plea to Imperial Legislative Council for Introduction of Free and Compulsory Primary Education Consisting of Eight – Year Course of Basic Education • 1910 – Gokhale moved Private Members Bill on 18-03-1910 and it was Rejected • 1917 - First Law on Compulsory Education Passed (Patel Act)

4. 1918 – Every Province in British India gets Compulsory Education Act on Its Statute Book 1930 - Hartog Committee Recommends for Better Quality. 1937 – Mahatma Gandhi Called for Universal Education. 1946 – Constitutient Assembly Begin its Task about UEE 1947 – Kher Committee set up to Explore ways and means of achieving UEE 1947 – Rejects free and Compulsory Education as a Fundamental Right & sends Clause to list of “non- Justiciablefundamental Right”(Later Termed as Directive Principles of State Policy Historical Perspective of RTE

5. 1950Article 45 of Directive Principles of State Policy: “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”

6. 1993 – Supreme Court Held Free Education Until the Child Completes the age of 14 to be a Fundamental Right (Article 21)  Historical Perspective of RTE

7. The 86th Amendment Act, 2002 • made three specific provisions in the Constitution to facilitate the realization of free and compulsory education. These were (i) adding Article 21A in Part III (fundamental rights), (ii) modifying Article 45, and (iii) adding a new clause (k) under Article 51A (fundamental duties), making the parent or guardian responsible for providing opportunities for education to their children between 6 and 14 years.

8. Article 21A: The state shallprovide free and compulsory education to all children of the age of six to fourteen years in such manneras the state may by law determine

9. The Act: Passage through Parliament 20th July:RajyaSabha 4th August: LokSabha

10. RTE ACT 2009 Gazette Notification 27th August 2009 President’s Assent 26th August 2009

11. The Act Contains 7 Chapters,38 Sections and 1 Schedule. Chapter -I : Introduction, Definitions (Sections 1-2)  Chapter –II : Free and Compulsory Education. (Sections 3-5) Chapter –III : Duties of Appropriate Government (Sections 6-11) Chapter –IV : Responsibilities of schools & teachers (Sections 12-28) Chapter-V: Curriculum &Completion of EE (Sections 29-30) Chapter –VI: Protection of Right of Children (Sections 31-34) Chapter –VII: Miscellaneous (Sections 35-38) Schedule: Norms & Standards for a school

12. Right to Education Act 2009: what will it change in School Education in Punjab? The Vision of the RTE

13. Stipulates that: The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine. ‘it shall come into force from such date as the Central Government may by notification in the Official Gazette, appoint’. Consequential legislation:: The Right of Children to Free and Compulsory Education Act, 2009.Presidential assent received on 26th August, 2009 and came in to force from April 1, 2010. Article 21-A inserted in Fundamental Rights

14. Education a Fundamental Right : India Supreme Court (1992) : Right to Education inherent in ‘Right to Life’ and ‘Right to Equality’ Directive Principles of State Policy Article 21A (2002): “The State shall provide free and compulsory education to all children of the age Of six to fourteen years in such manner as the State may determine, by law.” Right of Children to Free and Compulsory Education Act, 2009 21A and RTE Act enforced w.e.f. 1st April, 2010

15. Exctract from Objectives of RTE Act “…..Provision of free and compulsory education of satisfactory quality to children from disadvantaged group and weaker sections is, therefore, not merely the responsibility of Schools run or supported by the appropriate Governments, but also of schools which are not dependent on Government schools.”

16. Dimension 1.2 million schools 8 million Children not in school 200 million children Financial Commitment Child Labour Pluralistic society Disadvantaged and weaker section

17. Right of Children Freeand Compulsory admission, attendance, Completion of Elementary Education Compulsion on Government Duty of Parents Removal of Financial barrier Special provision for children with disabilities No Expulsion No detention Bars corporal punishment Mental harassment Special provision for Out-of-School children

18. The Act Contains 7 Chapters,38 Sections and 1 Schedule. Chapter -I : Introduction, Definitions (Sections 1-2)  Chapter –II : Free and Compulsory Education. (Sections 3-5) Chapter –III : Duties of Appropriate Government (Sections 6-11) Chapter –IV : Responsibilities of schools & teachers (Sections 12-28) Chapter-V: Curriculum &Completion of EE (Sections 29-30) Chapter –VI: Protection of Right of Children (Sections 31-34) Chapter –VII: Miscellaneous (Sections 35-38) Schedule: Norms & Standards for a school

19. 1 Makes education Free 2.Makes Education Compulsory for state to provide 10. Removes the oppression of Exams 3. Curriculum as per Constitutional Values 9. Puts power in hands of people 4. Ensures Quality of Teachers 8.Makes procedures more simple 5. Defines Norms for Schools 7 Protects Child 6. Pushes for Social Reform The TEN Functions of the Right to Education Act 2009

20. Chapter – I – Preliminary Section 1 – Short Title , extent andcommencement. • This Act may be called the Right of Children to free and compulsory Education Act, 2009 • It shall extend to the whole of India except the State of Jammu and Kashmir. • It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint.

21. APPROPRIATE GOVERNMENT: 1.In relation to a School established, owned or controlled by the Central Government, or the administrator of the Union Territory, having no legislature, the Central Government. 2.In relation to a school, other than the school referred to in sub-clause (i), established within the territory of a State, the State Government. CAPITATION FEE :Any kind of donation or contribution or payment other than the fee identified by the School. CHILD : A male or female child of age 6-14 years. DISADVANTAGE GROUP: Means a child belonging to SC,ST, Orphans, HIV affected/infected and Specified by the appropriate Govt by notification. Section 2 – Definitions

22. Weaker section : A child belonging to Such Parent or Guardian whose annual income is lower the minimum limit Specified by the appropriate Govt by notification Elementary Education: The education from first class to eighth class Guardian: A person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute Local authority: Such authority or body having administrative Control over the school NCPCR: National Commission for Protection of Child Rights Parent: Either the natural or step or adoptive father or mother of a child Section 2 – Definitions

23. School: Any recognized school imparting elementary education and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority. (iii) a school belonging to specified category; and (iv) an unaided school (not receiving any kind of aid or grants to meet its expenses from appropriate Government or the local authority Screening procedure: The method of selection for admission of a child, in preference over another, other than a random method Specified category:KendriyaVidyalaya, NavodayaVidyalaya, Sainik School or any other school having a distinct character which may be specified by the appropriate Government SPCPR: The State Commission for Protection of Child Rights Section 2 – Definitions

24. School: first time specified by law Earlier: No schools, over crowded; under staffed, lack of rooms, no playground, no equipment, Now: • primary school within neighbourhood; • One teacher per class; PTR:30 in primary, 35 in upper primary; • all weather building, ramp, kitchen, toilets, • safe and adequate drinking water; • playground Grace period: Three years

25. Key concept: Full time Formal School Therefore: • No more ‘Non Formal Education’, • No ‘drop in’ centres for working children • No Govt. / NGO centres –only ‘schools’ All children in proper formal Schools

26. Schools No screening for admission No capitation fees Penal Provisions No school Without recognition >/=25% admission in private schools from Children from disadvantaged/weaker section SOCIAL EQUITY ISSUES Free education to at least 25% children in Aided schools

27. Each School 1 one classroom for every teacher 2 barrier-free access 3 separate toilets for boys and girls 4 drinking water facility 5 playground 6 Boundary wall/fencing 7 Library 8 play material, games 1 PTR 1:30 (Primary) 2 PTR 1:35 (U Primary) 3 Subject teachers in Upper primary 4 part-time instructors 5 200 working days (Pr.) 6 220 working days (u. Pr) 7 45 working hrs/week 8 TLM Infrastructure Academics School Management Committee in Government schools to monitor school functioning

28. Sec. 3 - Right of Child to Free and Compulsory Education Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of Elementary Education. For the purpose no child shall be liable to pay any kind of fee or charges or expenses Chapter II – Right to Free and Compulsory Education

29. Earlier child was a ‘beneficiary’ Now: holder of a Justiciable Right Govt. and its machinery is duty bound to provide as per the Act Complaints can be made to: NCPCR (National Commission for Protection of Child Rights) SCPCR, (State Commission for Protection of Child Rights) RTEA ( Right to Education Authority) Also Matters can be taken to court

30. Protection of Right Local Authority – First level of Grievance redressal Grievance for violation of rights of the child Parents Guardian Any person State Commissions for Protection of Child Rights National Commission for Protection of Child Rights

31. RTE Act: Objects and Reasons (as stated when introducing Bill)The 2nd December, 2008. 3. Seeks to provide,— • (a) full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms 4. Responsibility also of schools which are not dependent on Government funds.

32. Right to Elementary Education • Right is to Classes 1-8 States will have to ensure the completion of class 8, no fees, and in addition Free text books , uniforms, and mid day meals etc.

33. Admissions: • Year round admission, • No documents, • Easy ‘TC’ for migration to another school

34. Admissions: No screening; No capitation fees : Child had to be ‘fit’ to be admitted : Only by ‘random’ method (lottery) even for private schools : Age criteria only responsibility on school to prepare the child : admission tests illegal. Now all those applying up to class 8-will get admission in govt. system

35. Earlier: • children turned away for lack of birth certificate; residence proof etc. • lack of TC (transfer certificate) meant end of schooling Now: no waiting for admission dates; not legal to turn child away for lack of certificate School HM given powers to issue TC; lack of TC not to affect admission

36. Social mixing in Private fee charging schools all private schools to admit children from weaker sections : Every year, 25% of enrolment of class1 to be from weaker sections Schools to be reimbursed at rate of per capita cost of education in govt. schools.

37. Sec. 4 - Special Provision for Children not admitted to any school. • An OSC shall be admitted in a class appropriate to his or her age • Special training to enable such children to be at par with others • Child so admitted entitled to completion of EE even after age 14

38. If there is no provision for completion of elementary education for completing his or her EE, or if he/she is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate. Provided that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school Head-teacher or in-charge of the School delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him, or her. Sec. 5 - Right of transfer to other school

39. Age appropriate Classes Taken together- single age- multi level classes; Individualized pace;

40. Minimum Specified days, instructional hours of schooling, teacher working Hours Working days /year Classes 1-5: = 200 days 6-8:= 220 days Instructional Hours /year Classes 1-5:= 800Hrs; 6-8:= 1000 hrs Teacher Working hrs/wk 45 working hours /week (7.5 Hrs. /day)

41. Minimum Specified days, instructional hours of schooling, teacher working Hours- this means: Classes1-5: 4 hours of regular classes per day, instruction time, (not including breaks, assembly, meals etc) • In the remaining 2-3 hours: supplementary instruction to some children , meeting parents, preparing for Continuous and comprehensive evaluation, working with SMC; etc.

42. Minimum Specified days, instructional hours of schooling, teacher working Hours- this means: This really means: • All schools will need to work longer hours • no shift schools; • No non-formal education, • No excuses for not Teaching (Teachers will now do administrative & preparatory work outside of instructional hours)

43. No corporal punishment, no mental harassment of pupils Teaching learning had become synonymous with hitting and abusing pupils -Institutionalization of a culture of abuse of power - Absence of Democratic functioning Now: hitting of children is no longer a right– provided children (& parents) know their rights and learn how to exercise them. reform: a culture of mutual respect

44. Curriculum • Conform to constitutional values • Make child free from fear, trauma, anxiety • child-centred, child-friendly • learning through activities • instruction in child’s mother tongue • as far as practicable • Continuous and comprehensive evaluation Content/Principles No Board Examination till completion of EE

45. Testing only for guiding instruction • No detention, • no failure, • No exclusion, • No board exams, • C&C Evaluation:

46. Teachers: Teachers to be qualified Earlier: Both government and private schools employed unqualified teachers Now: Minimum qualification fixed by NCTE CTET Qualified No Para teachers Grace period: Five years

47. Sec. 6 -Duty of appropriate Govt. and local authority to to establish schools. The appropriate Government and the local authority shall establish a school, where it is not so established, within a period of three years from the commencement of this Act. Sec. 7 -Sharing of financial and other responsibilities The Central Govt. and the State Govt.s shall have concurrent responsibility for providing funds for carrying out the provisions of this Act. Central government shall prepare the estimations and provides a grant-in –aid to state government Central govt shall develop national frame work of curriculum, develop & enforce standards for teachers trainings, provide technical support to state govts for promoting innovations, researches, planning and capacity building. Chapter III- Duties of Appropriate Government, Local Authority & Parents

48. Sec. 8- Duties of appropriate Govt (a) provide free and compulsory elementary education to every child (i) the age of six to fourteen years (ii) compulsory admission, attendance and completion of EE (b) ensure availability of a neighbourhood school (c) ensure that the child belonging to weaker section and disadvantaged group are not discriminated (d) provide infrastructure including school building, teaching staff and learning equipment (e) provide special training facility for OSC (f) ensure and monitor admission, attendance and completion of elementary education by every child (g) ensure good quality EE (h) ensure timely prescribing of curriculum and courses of study for EE (i) provide training facility for teachers. Chapter III- Duties of Appropriate Government, Local Authority & Parents

49. Sec.9 - Duties of local authority. Along with above duties,the local authority shall -Maintain records of children up to the age of 14 yrs -Monitor functioning of the School - Prepare Academic Calendar -Preparation of School Development Plan Sec. 10 - Duty of parents and guardians. It shall be the duty of every parent or guardian to admit his or her child in the neighbourhood school. Sec. 11 - Pre-School Education. Government may provide pre-primary education to all children in the age group of 3-5 years to prepare for primary education Chapter III- Duties of Appropriate Government, Local Authority & Parents

50. Sec. 12 - Schools responsibility for mere and compulsory education. A school (2(n)(i)) should provide free & compulsory EE to all the 6-14 age children admitted Aided schools to provide free education to at least 25% children based upon the proportion of annual recurring grant & aid All unaided &specific category schools to provide free education to at least 25% children belonging to disadvantaged groups from the neighbourhood in class-I . Govt. have to reimburse expenditure Chapter IV – Responsibilities of Schools & Teachers