Right of Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India, enacted on 4 August 2009, implemented the right to free and compulsory education for children from 6 to 14 years in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

The Right of Children to Free and Compulsory Education Act, 2009
Parliament of India
Long title An Act to provide for free and compulsory education to all the children of the age of six to fourteen years.
Citation	Act No. 35 of 2009
Enacted by	Parliament of India
Assented to	26 August 2009
Commenced	1 April 2010
Related legislation
86th Amendment (2002)
Status: In force

History

Article 21A of the 86th amendment to the Indian Constitution made education a fundamental right in 2002. However, it did not describe how this right would be implemented, specifying that legislation would be needed.

The bill's first draft was prepared in 2005, causing controversy by setting aside 25% of seats in private schools for children from disadvantaged backgrounds, among others. The sub-committee of the Central Advisory Board of Education which prepared the draft held this provision as necessary for a democratic and egalitarian society. The Indian Law Commission had initially proposed 50% reservation for disadvantaged students in private schools.

With this, India moved to a rights-based framework that casts a legal obligation on the Central and State Governments to implement this right, in accordance with the provisions of the RTE Act. 17.

Precedents

The RTE Act is not unprecedented; universal adult franchise in the act was opposed since most of the population was illiterate. Article 45 in the Constitution of India was set up as an act:

The state shall endeavour to provide, within a period of ten years from commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. As that deadline was about to be passed many decades ago, the education minister at the time, M C Chagla, memorably said:

Our Constitution fathers did not intend that we just set up hovels, put students there, give untrained teachers, give them bad textbooks, no playgrounds, and say, we have complied with Article 45 and primary education is expanding... They meant that real education should be given to our children between the ages of 6 and 14 – M.C. Chagla, 1964

In the 1990s, the World Bank funded the establishment of schools within easy reach of rural communities. This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s. RTE takes the process further, making enrolment of children in schools a state prerogative.

Passage

The bill was approved by the cabinet on 2 July 2009. The Rajya Sabha passed the bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It received Presidential assent and was notified as law on 26 August 2009 as The Children's Right to Free and Compulsory Education Act. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010. When adopting the Act, the then Prime Minister Manmohan Singh stated, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India."

Highlights

The RTE Act provides for the right of children to free and compulsory education until completion of elementary education in a neighbourhood school. It clarifies that 'compulsory education' means the obligation of the appropriate government to provide free and compulsory admission, attendance, and completion of elementary education to every child in the six to fourteen age group. 'Free' means no child must pay any fee, charge or expense which may prevent them from pursuing and completing elementary education.

Admission and access to education The RTE Act requires surveys to monitor all neighbourhoods, identify children requiring education, and establish facilities to providing it. The World Bank education specialist for India, Sam Carlson, has observed:

The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance and completion on the Government. It is the parents' responsibility to send the children to schools in the US and other countries.

It also requires newly admitted children be assigned an age-appropriate class.

Implementation Framework The act specifies duties and responsibilities of governments, local authorities and parents in providing free and compulsory education, and the sharing of financial and other responsibilities between the central and state governments. It establishes School Management Committees (SMCs) in all schools facilitate parental and community participation in education. Monitoring and accountability frameworks are also laid down. The RTE Act created a 14-member National Advisory Council (NAC) for implementation of the act.

Quality It lays down the norms and standards relating to pupil-teacher ratios (PTRs), buildings and infrastructure, school-working days, and teacher-working hours. It requires the deployment of enough trained and qualified teachers, ensuring that the pupil-teacher ratio is maintained for each school, rather than just an average for the state, district, or block, preventing urban-rural imbalance in teacher postings. It also prohibits deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.

It requires the development of curriculum in consonance with the values enshrined in the Constitution, for the all-round development of children, building on their knowledge, potentiality, and talent, ensuring they are free of fear, trauma, and anxiety through a system of child-friendly and child centered learning.

Child friendly provisions 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.

The details of the Right to Education of persons with disabilities until 18 years of age are laid down under the later Persons with Disabilities Act. A number of other provisions regarding the improvement of school infrastructure, teacher-student ratio and faculty are made in the Act.

Amendments

The Right to Education (RTE) Act in India has undergone several amendments over time. In 2017, an amendment extended the deadline for unqualified teachers to obtain required certifications, focusing on teacher training through distance learning. The 2019 amendment removed the "no-detention policy," allowing states to introduce examinations in Classes 5 and 8 and detain students who fail while mandating remedial instruction and re-examinations. Future revisions may expand the Act's coverage to early childhood and secondary education, aligning with the National Education Policy (NEP) 2020, which stresses digital learning and vocational education to address contemporary challenges.

On 7 May 2014, The Supreme Court of India ruled that Right to Education Act is not applicable to Minority institutions.

A critical development in 2011 has been the decision taken in principle to extend the right to education till Class X (age 16) and into the preschool age range. However, the government's more recent policy focus has been on the introduction of a new National Education Policy instead of an extension of the Act.

Status of implementation and funding

Significant achievements

The Right to Education (RTE) Act, implemented in India in 2010, made significant contributions to the country's education system. Major achievements include:

Increased Enrolment, reduced dropout and closure of gender gaps: Overall school enrolment reached 97.2% by 2018 Similarly, there has been an increase in the enrolment of girls in primary and secondary education.

Improved Infrastructure: Stricter infrastructure norms led to better school facilities. For example, the proportion of schools with usable girls' toilets doubled to 66.4% by 2018 Teacher recruitment and training was boosted, improving educational delivery.

Inclusion of Disadvantaged Groups: Over 3.3 million students were admitted under the 25% quota for economically weaker sections and disadvantaged groups

Continued policy implementation gap

Despite successes, there is a large policy implementation gap. According to public estimates, 25.5% of schools are RTE meet all infrastructure norms based on UDISE+ 2019-20; Compliance rates range between 63.6% (Punjab) and a mere 1.3% in Meghalaya. Regularly updated RTE compliance data is no longer publicly available.

A report on the act's implementation status was released by the Ministry of Human Resource Development on the one-year anniversary of the Act, and again till 2015. The report admits 1.7 million children from 6-14 remain out of school and 508,000 teacher shortage country-wide. A shadow report by the National RTE Forum, representing leading education networks, led by Ambarish Rai (a prominent activist), challenged the findings, pointing out several key legal commitment were behind schedule.[20] The Supreme Court of India intervened to demand implementation of the Act.[21] It has also provided the legal basis for ensuring pay parity between teachers in government and government aided schools[22]

Challenges to implementation

A major implementation obstacle is the state's failure to invest funds needed to improve the country's schools to the act's standards. India continues to spend under 4% of its GDP on education, below the globally agreed minimum for SDG 4 or EFA implementation. Education under the Indian constitution is a concurrent issue where both the centre and states can legislate. The states have been claim they lack financial capacity to deliver education of appropriate standards in all schools.

A committee studying the funding requirements estimated Rs 1710 billion or 1.71 trillion (US$38.2 billion) would be needed across five years. In April 2010 the central government agreed to share the needed funding at a 65:35 ratio between the centre and the states, and a 90:10 ratio for the north-eastern states. However, in mid-2010, this figure was upgraded to Rs. 2310 billion, and the central government agreed to raise its share to 68%. Despite this agreement, funding for education has remained low, particularly since the COVID-19 pandemic.

Inter-state variation

Implementation status varies across states. Haryana Government has assigned the duties and responsibilities to Block Elementary Education Officers–cum–Block Resource Coordinators (BEEOs-cum-BRCs) for effective implementation and continuous monitoring of implementation of the Right to Education Act in the State.

Criticism

The Act has been criticised for being hastily drafted, not consulting many groups active in education, inadequately focusing on improving the quality of education, infringing on rights of private and religious minority schools, and excluding children under six years of age. Furthermore, many of the ideas are seen as merely continuing existing government programmes: Sarva Shiksha Abhiyan of the 2000s, and the earlier World Bank-funded District Primary Education Programme DPEP of the '90s. Both set up a number of schools in rural areas, but have been criticised for being ineffective and corruption-ridden.

Failing to provide universal standards of quality

The act has been criticised as discriminatory, by failing to provide uniform education quality standards across all of India's schools. Well-known educationist Anil Sadgopal said of the act:

It is a fraud on our children. It gives neither free education nor compulsory education. In fact it only legitimises the present multi-layered, inferior-quality school education system where discrimination shall continue to prevail.

Entrepreneur Gurcharan Das noted 54% of urban children attend private schools, and this rate is growing at 3% per year. "Even the poor children are abandoning the government schools. They are leaving because the teachers are not showing up." Other researchers countered, finding that the apparent evidence for higher achievement in private schools often disappears when other factors (like family income and parental literacy) are accounted for.

Public-private partnership

To address these quality issues, the Act has provisions compensating private schools for admission of children under the 25% quota. This has been compared to school vouchers, where parents may "send" their children to any school, private or public. This measure, along with the increase in PPP (Public Private Partnership) has been viewed by some organisations such as the All-India Forum for Right to Education (AIF-RTE), as the state abdicating its "constitutional obligation towards providing elementary education".

Critique from private schools

Given the inadequate financing for public education, education provided by the government school system is often poor quality, suffering from teacher and infrastructure gaps. There are also allegations of government schools being riddled with absenteeism, mismanagement, and appointments made on political convenience. ^{[citation needed]} Average schoolteacher salaries in private rural schools in some states (about Rs. 4,000 per month) are considerably lower than those in government schools. As a result, proponents of fees-charging low-cost private schools critique the government schools as being poor value for money. This criticism, ignores low standards in many low-fee schools, most being unrecognized for failing to adhere to quality standards. Being fee-charging, low fee private schools cannot enrol children from the poorest families. Proponents of private schools state that those children attending private schools are advantaged given caste and other forms of discrimination in government schools. However, these schools' existence are criticised for catering to rural elites who can afford school fees in a country where many families live in absolute poverty.

The Society for Un-aided Private Schools, Rajasthan (in Writ Petition (Civil) No. 95 of 2010) and 31 others pro-private school groups petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference. The parties claimed providing 25 percent reservation for disadvantaged children in government and private unaided schools was "unconstitutional".

On 12 April 2012, a three-judge bench of the Supreme Court delivered its 2-1 judgement. Chief Justice SH Kapadia and Justice Swatanter Kumar held that the reservation is not unconstitutional but stated that the Act will not be applicable to private minority schools and boarding schools. However, Justice K. S. Panicker Radhakrishnan dissented, holding that the Act cannot apply to minority and non-minority private schools that do not receive aid from the government.

In September 2012, the Supreme Court declined a review petition on the Act.

Extensive case law exists on the issue in the states. In Tamil Nadu in May 2016, the Chetpet-based CBSE school Maharishi Vidya Mandir became embroiled in a scandal over its circumvention of the 25% quota rule. During its admissions cycle, the school told economically weaker parents "the RTE does not exist' and "we do not take these [government RTE] applications." The senior principal informed the Tamil Nadu Regional Director of the CBSE that he intended to "reject applicants without an email address", excluding technically illiterate parents from seeking admissions. In addition, school officials falsified the distance figures of several poorer candidates to disqualify them from the scheme.

In 2017, a public interest litigation was filed in the high courts of Andhra Pradesh and Telangana, seeking proper implementation of 25% quota in both states under the act. The high courts addressed the governments of both states to take necessary steps for the proper implementation of the act.

Barrier for orphans

The Act provides for the admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates. Orphaned children are often unable to produce such documents, even when they are willing to do so.

References

1. "Provisions of the Constitution of India having a bearing on Education". Department of Higher Education. Archived from the original on 1 February 2010. Retrieved 1 April 2010.
2. Aarti Dhar (1 April 2010). "Education is a fundamental right now". The Hindu.
3. "India launches children's right to education". BBC News. 1 April 2010.
4. "India joins list of 135 countries in making education a right". The Hindu News. 2 April 2010.
5. Seethalakshmi, S. (14 July 2006). "Centre buries Right to Education Bill – India". The Times of India. Archived from the original on 3 November 2012. Retrieved 1 April 2010.
6. "Microsoft Word – Final Right To Education Bill 2005 modified-14.11.2005.doc" (PDF). Archived from the original (PDF) on 5 July 2010. Retrieved 1 September 2010.
7. "Right to Education". LawJi.in : one-stop destination for all law students. Archived from the original on 27 September 2018. Retrieved 26 September 2018.
8. "The Situation of Elementary Education in India" (PDF). Archived from the original (PDF) on 27 July 2011.
9. "Cabinet approves Right to Education Bill". The New Indian Express. 2 July 2009. Archived from the original on 23 October 2013. Retrieved 2 July 2009.
10. "Rajya Sabha passes Right to Education bill". The News Indian Express. 20 July 2009. Archived from the original on 23 October 2013.
11. "Parliament passes landmark Right to Education Bill". The Indian Express. 4 August 2009.
12. "The Right of Children to Free and Compulsory Education Act, 2009 notified". Press Information Bureau. 3 September 2009. Retrieved 1 April 2010.
13. "Right to Education Bill 2009" (PDF). Archived from the original (PDF) on 12 February 2012. Retrieved 1 September 2010.
14. "Prime Minister's Address to the Nation on The Fundamental Right of Children to Elementary Education". Pib.nic.in. Retrieved 1 September 2010.
15. name=prayatna
16. Minority institutions are exempted from Right to Education Act
17. "Shri Kapil Sibal Addresses 58th Meeting of CABE; Proposes Extension of RTE up to Secondary Level Moots Bill to Control Malpractices in School Education". PIB. 7 June 2010. Retrieved 8 October 2010.
18. "NAC recommends pre-primary sections in govt schools". The Economic Times. 3 August 2010. Archived from the original on 31 May 2012. Retrieved 8 October 2010.
19. "Annual Status of Education Report 2018" (PDF). ASER Centre. Retrieved 4 January 2025.
20. "U-DISE Flash Statistics 2016-17" (PDF). National University of Educational Planning and Administration. Retrieved 4 January 2025.
21. "RTE Implementation Report" (PDF). Ministry of Human Resource Development, Government of India. Retrieved 4 January 2025.
22. "Centre, states to share RTE expenses in 68:32 ratio". The Pandemic Years: Status of Implementation of the RTE Act 2009, RTE Forum. 2023. Retrieved 4 January 2025.
23. "Centre, states to share RTE expenses in 68:32 ratio". The Economic Times. 30 July 2010. Retrieved 1 September 2010.
24. PTI (13 February 2010). "Right To Education Act to be implemented from April". The Times of India. New Delhi. Archived from the original on 11 August 2011.
25. "Revisiting the Priorities: An Analysis of Union Budget 2024-25" (PDF). CBGA. 2024. Retrieved 4 January 2025.
26. RTE Implementation http://iharnews.com/index.php/education/295-beeo-right-to-education-act-haryana Archived 24 May 2013 at the Wayback Machine
27. "FTN: Privatisation no cure for India's education ills". IBNLive. 3 February 2010. Archived from the original on 7 August 2009. Retrieved 1 September 2010.
28. George, Sony (November 2001). "Common Demands on Education". India Together. Archived from the original on 22 December 2015. Retrieved 1 April 2010.
29. Infochange India. "India to notify right to education act". Southasia.oneworld.net. Retrieved 1 September 2010.
30. Aarti Dhar (28 July 2010). "News / National : U.K. doesn't intend to probe Sarva Shiksha Abhiyan for corruption". The Hindu. Retrieved 1 September 2010.
31. Surbhi Bhatia (26 July 2010). "Quality in education: It's my legal right – Education – Home". The Times of India. Archived from the original on 11 August 2011. Retrieved 1 September 2010.
32. "Education in India: Teachers' salaries". Prayatna.typepad.com. Retrieved 1 September 2010.
33. S. H. Kapadia; Swatanter Kumar; K. S. Radhakrishnan. "Right to Edu Act: Supreme Court judgement". Supreme Court of India. Archived from the original on 30 May 2012. Retrieved 2 August 2012.
34. PTI (22 March 2010). "The Hindu : News / National : Private schools challenge Right To Education Act in Supreme Court". Beta.thehindu.com. Archived from the original on 25 March 2010. Retrieved 1 September 2010.
35. "Supreme Court uphold constitutional validity of RTE Act". The Economic Times. 12 April 2012. Retrieved 12 April 2012.
36. "Supreme Court upholds constitutional validity of RTE Act". The Hindu. 12 April 2012. Retrieved 12 April 2012.
37. "Society for Un-aided Private Schools of Rajasthan v. Union of India (WP NO. 95 of 2010)". Supreme Court of India. Retrieved 13 April 2012.
38. "Supreme Court declines review of right to education verdict". The Times of India. 20 September 2012. Archived from the original on 3 January 2013. Retrieved 21 September 2012.
39. Maharishi Vidya Mandir Protest Site
40. "PIL filed for implementation of RTE in schools in AP, TS". The New Indian Express. 27 June 2017. Retrieved 28 February 2023.
41. "Strict rules bar orphans from RTE benefits". The Times of India. 25 April 2012. Archived from the original on 6 July 2013. Retrieved 25 April 2012.