The Right of Children to Free and Compulsory Education Act, 2009 was signed by the President of India on August 26, 2009. The aim of the act is to provide free and compulsory education to the children of age six to fourteen years. The important clauses of the act are discussed here which has the power to improve the quality and reach of education for the economically and socially backward population of India.
Responsibility of Government
The law has made the state government responsible to establish schools, appoint teachers and provide sufficient infrastructure to improve the extent and quality of education. The funds are to be engaged by the state government and can be provided by the central government in case of unavailability of funds with the state government.
The central government has been made responsible for the development of national curriculum with the academic authorities, developing and enforcing standards for teaching and providing technical support and resources to the state government for innovation, research, planning and capacity building.
Responsibility of Schools and Teachers
Under the Right to Education Act, no capitation fee from any child can be taken by a school during or after the process of admission. Capitation fee is the unlawful collection of payment by educational bodies in exchange for a seat in the institution. Other than this no school can carry on a screening process for admission. While proof of age is required by the school during admission, it is not allowed to deny admission in absence of such proof. No child can be held back in a class or expelled from school till elementary education is completed.
After many incidences of serious physical punishment by teachers and schools are reported, it is appreciated that no child in a school shall be subjected to physical punishment and mental harassment.
Another welcomed move is the formation of a School Management Committee comprising of local authority, parents and guardians of children admitted in the school. The role of the committee will be to monitor the working of the school, prepare school development plan, and monitor the utilization of grants and such other functions.
While teachers not carrying our duties have been handled with a strict hand the act also takes the vacancies of school teachers in a school seriously. Under the Right to Education Act, no teacher can be deployed for non-educational activities other than census, disaster relief and elections. Teachers are also prohibited from engaging in private tuitions.
Protection of Right of Children
The National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights are assigned with the task of addressing the complaints and grievances related to the child’s right to education.
The complaints must be first made to the local authority and if the grievances are not addressed there the applicant can apply to the state and then to the national commission.
National Advisory Council and State Advisory Council are also set up to advise the central and the state governments on the implementation of the provisions of the act effectively.
Norms and Standards for the School
The act has also set up norms for school which must be fulfilled by each and every school in India. The norms set are related to the number of teachers, building, curriculum, library, infrastructure and sports facilities in the schools. See Norms and Standards for Elementary Education in India.
With the law coming into force, India has joined 130 countries which legally protect the right of children to free and compulsory elementary education. But still it is a long way to go for the country seeing the shortcomings in the execution of acts and the ground realities. Many critics expect that the act should extend the age limit of 14 years to 18 years as United Nations Child Rights Convention defines a child as someone below 18 years of age.
References: Ministry of Human Resource Development, India
India Joins the List of 135 Countries in Making Education a Right, The HIndu, April 2, 2010.
Also read: Right to Information Act, 2005
Manoj Yadav - A working professional and a freelance writer by interest, I enjoy studying and writing about diverse issues and topics. Being a student ...
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