RIGHT TO EDUCATION ACT 2009

A Presentation by
Amrita Sinha
MA (Edu) 2016-17
 Background
• The Constitution (Eighty-sixth Amendment) Act, 2002
inserted Article 21-A in the Constitution of India to provide
free and compulsory education of all children in the age group
of six to fourteen years as a Fundamental Right

• The Right of Children to Free and Compulsory Education

(RTE) Act, 2009, which represents the consequential
legislation envisaged under Article 21-A, means that every
child has a right to full time elementary education of
satisfactory and equitable quality in a formal school which
satisfies certain essential norms and standards.
 Details
• Article 21-A and the RTE Act came into effect on 1 April
2010. The title of the RTE Act incorporates the words ‘free
and compulsory.

• ‘Free education’ means child doesnot require to pay any fee

for his or her education.

• ‘Compulsory education’ casts an obligation on the appropriate

Government and local authorities to provide and ensure
admission, attendance and completion of elementary education
by all children in the 6-14 age group.
 Main Provisions of RTE Act 2009
• Apart from the clause on Free and Compulsory Education, 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.
 Main Provisions Contd.

• 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.
 Main Provisions Contd.

• The Act 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,
 Main Provisions Contd .
• The RTE Act 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 centred learning.
 Challenges in Implementation
• The states are expected to respond to the situation arising out
of the implementation of the Act.
• States and UTs are required to pay special attention to cope
with the situation in terms of appointment of qualified
teachers, development of special training programmes for out-
of-school children admitted to age appropriate classes and
preparation of relevant teaching learning materials for them.
 Challenges in Implementation Contd.
• Similarly, there is an urgent need of taking appropriate steps
for inclusive education of children with disabilities by
providing teaching-learning materials, aids and appliances in
accordance with nature and needs of each disability, suitable
infrastructural modifications, training of regular teachers and
school-based appointment of special teacher.
• There is also a need for organising programmes for community
awareness and attitude change in order to make school for all
children. Home-based education has to be given to children
suffering from multi-disabilities, severe and profound
disability conditions.
 Challenges in Implementation Contd.
• Shortage of teachers, alarming pupil-teacher ratio, other
official duties assigned to teachers, busyness in training
programmes, duties in block level office, making Aadhar cards
and voter ID Cards etc, no training of regular teachers in
education of children with disabilities and non-availability of
special teacher support on daily basis are challenges in the
implementation of RTE
 Present Status
Even after Seven years of passing the Bill, an internal Delhi
Govt. report says
• Poor presence of students
• Ignorance among teachers and guardians about the provisions
of the Act
• Poor condition of training regarding RTE
• Acute shortage of teachers
• Malaise of absence of teachers from the schools
• No atmosphere of quality teaching and meaningful teaching-
learning process
 Way Forward

• RTE Act is a landmark Act that promises free and

compulsory Education to Child below 14 years of
age.
• The Central, State and the local Govt have to work in
unison to achieve the desired end state.
• The Govt at the apex level is aware of the challenges
and many effective steps have been taken to realise
the dreams.
Thank You