A Study of Right to Education-in Theory and Practice

RIGHT TO EDUCATION
Right to Education (RTE) was made a fundamental right by the government of India by
Constitutional (89 amendment) Act, 2002. A new Article 21 A was added to provide that
the States shall provide free and compulsory education to all the children of the age 6
to 14 years as the State may, by law determine.
It also strengthened article 21A by adding clause (K) to article 51-A which mandates all
parents or guardians to provide opportunities for education to their children or ward
between the age of 6 and 14 years.
India became one of 135 countries to make education a fundamental right. The RTE Act
is the first legislation in the world that puts the responsibility of ensuring enrolment,
attendance and completion on the Government unlike the parents responsibility to send
the children to schools in the U.S and many other countries.
Important Provisions of RTE Act, 2009*
*as amended by The Right of Children to Free and Compulsory Education Act, 2012
and including important clauses from The Right of Children to Free and Compulsory
Education Rules, 2010
The Act confers right to children of the age of six to fourteen years to free and
compulsory education as per the noble spirit enshrined under Articles 29 and 30 of the
Constitution.
Strict prohibition for any kind of fee charged by school.
Admission cannot be denied if there is delay in producing transfer certificate. District
officials are required to maintain records of children residing within its jurisdiction.
State government to provide for free pre-school education to children above three years
of age.

 Provisions for at least 25% seats of the strength of class to children belonging to weaker
sections and disadvantaged group in the neighbourhood.
No parent or children to be subjected to any kind of screening procedure; no child shall
be denied admission in a school for lack of age proof; no child admitted in a school shall
be held back in any class or expelled from school till the completion of elementary
education.
Pupil - Teacher ratio is capped at a maximum of 40 students per teacher.
The certificate of completion of elementary education shall be issued at the school level
within one month of the completion of elementary education,
All weather building consisting of separate toilets for boys and girls, safe and adequate
drinking water facility, kitchen for mid-day meal preparation and playground.
Situation in other countries in the world
Seven countries including Germany, Belgium, Italy and Norway have provisions of free compulsory
education for their entire schooling period. Countries like Britain and New Zealand have made
education compulsory and free for children for a period of 11 years.
Indias neighbours such as Sri Lanka and Pakistan do not have any law providing free education.
Bangladesh and Myanmar have such provisions for a four-year-period while Nepal has five years of
compulsory schooling.

Survey Findings
The study has relied upon the extrapolation made on the basis of sample drawn of
approximately 100 persons (including teachers, administrative staff of schools and
parents). The major findings emerging from the survey are given below:
1. About 90% of respondents are aware of RTE, 2009.
2. 45% of the respondents agreed to the fact that teachers/staff are being paid less than
what is being shown on records.
3. Student to Teacher ratio of 120 students per teacher was noticed, though, as per RTE, it
should not go beyond 40.
4. Mid-day meal was considered good though unhygienic by 65% respondents. The
remaining 35% categorised it as POOR.
5. Respondents were convinced that 10 to 30% teachers are engaged in private tuitions.

6. Only 28 per cent of schools surveyed had clean toilets. Lack of proper sanitation in
government schools is a significant factor behind children dropping out of school.

Recommendations
1. Education Audit should be conducted for Schools as a realistic survey to provide a
transparent view of the inside working.
2. There is huge ignorance of benefits provided by the Govt for elementary education.
There is need to promote awareness amongst masses by the State Governments as
well as Local Bodies.
3. Pupil Teachers Ratio, as provided in RTE must strictly be followed.
4. There is an unregulated commercial pre-school education industry in Delhi, which has a
close nexus with the Private schools for filing the seats for pre-primary education. There
is need to regulate Pre-school education.
5. No dilution of qualifications should be permitted while recruiting Guest Teachers or Adhoc and Part-Time teachers.
6. The system of passing each child till the Class VIII is hampering the quality of education
being provided in the schools. There is need to review this system.
7. There is need to build in a system of continuous training of teachers through occasional
workshops.
8. Lack of proper sanitation in government schools is a significant factor behind children
dropping out of school. Immediate steps are required to be taken in this regard.