A STUDY ON COMPULSORY EDUCATION IN INDIA

- T. Teena Ruby, BBA, BL (Hons.)

Saveetha School of Law.

Email id : tteenaruby@gmail.com

INTRODUCTION

The Right of Children to Free and Compulsory Education Act or Right to Education
Act (RTE) is a right given to all children for the purpose of attaining education until the age
of 14 years. Every school must provide free and compulsory education to the children in the
neighborhood without denial. Their economic conditions will be checked and the fees,
uniform and books will be sponsored by the government. The NCPCR is the regulatory and
monitoring body that checks the effectiveness and implementation of the Right to Education
Act.

OBJECTIVES

 To understand the concept of compulsory education.

 To analyze the legislative measures taken to promote compulsory education in India.

HYPOTHESIS

NULL HYPOTHESIS: There is no strict laws to promote compulsory education.

ALTENATE HYPOTHESIS: Yes, there are many laws that promote compulsory education
effectively.

REVIEW OF LITERATURE

Education decides the future of the child. Suppressing young minds in blast furnaces,
firework industry, in weaving and cotton mills would result in degradation of the country’s
intellectual wealth. Every child is born with some talent, and it is his ability and the way of
nurturing that brings the best of him.
 The National Commission for Protection of Child Rights (NCPCR) is established as
the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act
and to ensure right to education to all children upto the age of 14 years.

NCPCR ensures that school admission procedures all over the country are in
accordance with the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
This was introduced because the schools in some states were having a screening procedure
for admission of children in the elementary stage of education which is prohibited by the Act.

RESEARCH METHODOLOGY

Since this research paper is a doctrinal research, the main sources referred for these
are secondary sources i.e. books , journals and other study materials.

CONSTITUTIONAL PERSPECTIVE

At present, there are five articles in the constitution of India which have Children as
their special focus. These articles are Article 21A, 24, 39 & 45 and 51A (k). Thus special
provisions for children find place in our constitution in Fundamental Rights, Directive
Principles as well as Fundamental Duties.

Article 21A: The Right to Education inserted in constitution via 86th amendment act.
Article 24: No child below the age of 14 years shall be employed to work in any factory or
mine or engaged in hazardous employment.

Article 39 (f) it is the duty of the state to secure that children are given opportunities
and facilities. They must be given opportunities to develop in a healthy manner. They must
be given freedom and dignity and that childhood and youth are protected against exploitation.

Article 45 it is said that State shall endeavour to provide free and compulsory
education for all children until they complete the age of fourteen years.

Article 51A(k): who is a parent or guardian to provide opportunities for education to

his child or, as the case may be, ward between the age of six and fourteen years.1

RIGHT TO EDUCATION BILL

1
https://www.gktoday.in/right-to-education-in-india/
 Education turned into a fundamental right in the 86th amendment to the Constitution
made in the year 2002. The Right to Education Bill was enacted after 6 years by the union
cabinet. The main provisions of the Bill said that 25% reservation in private schools must be
allocated for the disadvantaged children from the neighborhood who had poor financial
background. The expenditure incurred by schools will be reimbursed by the government. No
donation or capitation fee on admission must be collected. And no interviewing the child or
parents as part of the screening process. The Bill also prohibits physical punishment,
expulsion or detention of a child and deployment of teachers for non-educational purposes
other than census or election duty and disaster relief. Schools without recognition will be
made liable to penal action.
The Right to Education Bill is the main legislation that notifies the 86th constitutional
amendment. It ensures free and compulsory education for every child between the age of 6 to
14 years.

25% QUOTA FOR POOR

The Supreme Court upheld the constitutional validity of Right of Children to Free and
Compulsory Education Act, 2009, on April 12, 2012 and directed every school, including
privately-run ones, to give immediately free education to students from socially and
economically backward classes from class-I till they reach the age of 14 years.
The court threw out the challenge by private unaided schools to Section 12(1)(c) of
the Act that says every recognized school imparting elementary education, even if it is an
unaided school not receiving any kind of aid or grant to meet its expenses, is obliged to admit
disadvantaged boys and girls from their neighbourhood.2 The NCPCR allocates certain seats
to every school for RTE. This RTE quota administration cannot be denied by the school
management.
The National Commission for Protection of Child Rights (NCPCR) is established as
the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act
and to ensure right to education to all children upto the age of 14 years.

SCHOOL ADMISSIONS ACCORDING TO RTE NORMS

NCPCR ensures that school admission procedures all over the country are in
accordance with the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
2
http://vikaspedia.in/education/policies-and-schemes/right-to-education/right-to-education-act
 This was introduced because the schools in some states were having a screening procedure
for admission of children in the elementary stage of education which is prohibited by the Act.
It ensures that the RTE Act is contravened in other states too; the NCPCR has said
that the government order they issue to schools on the matter must specify that:
1. Admission procedures be made in according to the RTE Act. It is the duty of the
school to ensure education to the children in the neighbourhood of the school. The school
cannot deny admission.
2. 25 per cent reservation is ensured mandatorily for the poor and downtrodden.
The relevant provision of Section 13 of the Act is:
No school or person shall, while admitting a child, collect any capitation fee and
subject the child or his or her parents or guardians to any screening procedure. Any school or
person, if in contravention of the provisions of sub-section (1):
1. Receives capitation fee, shall be punishable with fine which may extend to ten times
the capitation fee charged
2. Subjects a child to screening procedure shall be punishable with fine which may
extend to Rs 25,000 for the first contravention and Rs 50,000 for each subsequent
contravention.

NO SCREENING FOR ADMISSION TO NAVODAYA SCHOOLS

The National Commission for Protection of Child Rights (NCPCR) has made it
mandatory that there shall be no kind of screening for admission of children to elementary
education (Classes 1 to eight). The NCPCR intervenes and checks violation of RTE
provisions if it suspects that there is any violation. According to the Act there shall be no
screening test or oral interview to the child or the parents.Any school or person receiving
capitation fees could be punished with a fine which could be ten times the capitation fee
charged. Subjecting a child to screening could lead to a fine of Rs 25,000 for the first
contravention and Rs 50,000 for each subsequent contravention.

ELIGIBILITY FOR TEACHERS

The eligibility for appearing in the TET shall be the following:

A person having the academic and professional qualifications mentioned as in the
NCTE,
Anyone who is pursuing any of the teacher education courses specified in the NCTE
The State/UT has the power to relax the eligibility condition for appearing in TET.

EACH CHILD TO GET FREE UNIFORM, BOOKS UNDER RTE

The government provides free textbooks and uniforms to children from class I to class
VIII. It is to show equality among students. Some students may come from a moderate or
middle class family, so they can afford good clothes and buy books spending their own
money. But it is not possible for the low life families. So, in order to equalize the inequality,
the government spends by donating uniforms and books.

CONCLUSION

Therefore we conclude that in India every child is entitled to right to education. No

child below the age of 14 years shall be left without schooling. Education is a mandatory
need for the child’s future and career. Education decides the future of the child. Suppressing
young minds in blast furnaces, firework industry, in weaving and cotton mills would result in
degradation of the country’s intellectual wealth. Every child is born with some talent, and it is
his ability and the way of nurturing that brings the best of him. It is to be noted that brightest
minds came from the poorest background. The Right to Education Act monitors every
locality and helps children who are deprived of their right to education. It puts the burden and
responsibility on the part of the government. There is another provision for the right to
education of disabled children up to the age of 18 years, it is dealt according to the Persons
with Disabilities Act. There are various other provisions relating to improvement of school
infrastructure, conditions for teachers, essential teaching contents, the teacher-student ratio
etc are made in the Act. The Act has the numerous provisions that every child between the
age of six to fourteen years shall have. The right to free and compulsory education in a
neighbourhood school, till completion of elementary education is the main and important one.
It is for this purpose, the child’s parents or guardian need not pay any kind of fee or charges
or expenses which may prevent him or her from pursuing and completing elementary
education. Right to education has ensured education to all children and has positively helped
even school drop outs to attain education. It gives specific advantages to members from the
downtrodden section and also helps in uplifting the poorer sections of the society through
good education leading to better jobs, better jobs providing better pay, better pay enduring a
sophisticated lifestyle.
BIBLIOGRAPHY:

 CONSTITUTION OF INDIA
 RIGHT TO EDUCATION BILL
 RIGHT TO EDUCATION ACT

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