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Right to Education (RTE) Act: Provisions, Features & More | UPSC Editorials

Last Updated on Aug 20, 2024
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A recent Bombay High Court judgment striking down a Maharashtra government order trying to give a go-by to a seminal provision of the Right to Education Act has escalated to several notches the debate about state complicity in undermining children's rights. The Maharashtra government order exempted private schools from reserving one-fourth of their seats for children belonging to economically weaker sections, if there were government schools within a 1-km radius. This judgment points towards the sustained efforts by some of the governments to water down the provisions a landmark law had made to secure fairness in education.

Analysis based on 

Editorial How state governments have undermined right to education published in The Indian Express on August 17th, 2024

Topics for UPSC Prelims

Right to Education (RTE) Act 2009, Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA), Mid-Day Meal Scheme, Samagra Shiksha Abhiyan, Digital Initiatives in Education, National Education Policy (NEP) 2020, Role of NITI Aayog in educational reforms, Beti Bachao Beti Padhao (BBBP)

Topics for UPSC Mains

Major Education Schemes, Digital Transformation in Education, Gender and Social Inclusion in Education, New Education Policy (NEP) 2020, Legislative measures and amendments related to education, Nutritional and Health Interventions in Education, Indian education system problems

What is the Right to Education Act?

The Right of Children to Free and Compulsory Education (RTE) Act of 2009 is one of the most significant pieces of legislation in India, which aims at providing free and compulsory education to children between the ages of 6 and 14. It shall develop and ensure an inclusive and just environment for quality education that bridges the socio-economic disparities. This paper deliberates on the background of the Act, constitutional provisions, salient features, achievements, importance, limitations, and glimpse into the future.

Background of the Act

India's journey towards universal education has been long and complex. Efforts to operationalize free and compulsory education date back to the starting years of the 20th century, when prestigious leaders like Gopal Krishna Gokhale raised their voice for it as early as in 1911. Post-Independence, the outline for universal education was given by the Kothari Commission between 1964-66; however, the substantial step only came in the form of the 86th Constitutional Amendment in 2002. The Amendment recognized elementary education as a Right, thus providing a strong foundation for the RTE Act.

The Parliament of India passed the RTE Act in 2009, which became effective on April 1, 2010. It was implemented based on Article 21A of the Constitution, which sought to make quality education available and accessible to all children, irrespective of their groups and classes of the social order.

Read the article on Higher and Technical Education!

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Constitutional Provisions for the RTE Act

The RTE Act owes to many constitutional provisions under the direct command of the Constitution urging the state:

  • Article 21A: Inserted through the 86th Amendment, this article imposes an obligation on the State to provide free and compulsory education to all children in the age group of 6-14 years.
  • Article 45: Formerly under the Directive Principles of State Policy (DPSP) in Part IV of the Constitution, it imposed an obligation on the State to provide free and compulsory education for children until they complete the age of fourteen years.
  • Article 51A(k): This article makes it obligatory on the part of the parents or guardians to ensure educational opportunities for the children from 6 to 14 years.

The historical and judicial landmarks further cement this right.

  • Ramamurti Committee Report (1990): It was the first official report on the concept of the right to education.
  • Unnikrishnan J.P. vs State of Andhra Pradesh & Others (1993): In this landmark judgment, the Supreme Court held that the right to education flows from the right to life under Article 21.
  • Tapas Majumdar Committee (1999): Recommendations led to insertion of Article 21A, thus putting the fundamental right to education under it.
  • 86th Constitutional Amendment (2002): The amendment to the Constitution inserted Article 21A and provided that further legislation providing, inter alia, the parameters for this right would have to be made. It was this amendment that led to the RTE Act 2009.

Read the article on Higher Education Quality Mandate!

Salient Features of the Right to Education Act (RTE)

The RTE Act is very comprehensive and detailed. Important features of the act are:

  • Free and Compulsory Education: According to the Act, no child should be deprived of education attached to a school due to financial constraints.
  • Neighborhood Schools: Schools should be located appropriately with respect to children's homes.
  • Infrastructure Norms: School infrastructure must provide a standard number of classrooms, toilets, drinking water, and playgrounds.
  • Pupil-Teacher Ratio: The RTE Act prescribes an ideal ratio to provide individual attention to every child.
  • Teacher Qualifications and Training: Ensures that every teacher is professionally qualified with adequate qualifications and continuous professional development.
  • Continuous and Comprehensive Evaluation (CCE): Introduces a holistic pattern of evaluation, eliminating the need for the system of regular examination.
  • Inclusion of Marginalized Groups: It provides for 25% reservation in private unaided schools for children belonging to economically backward classes and disadvantaged groups.
  • Zero Tolerance for Physical Punishment: Banning of physical punishment/practices and abolishing mental harassment of children.

Read the article on the Evolution of India's Education Policy!

Achievements of the Right to Education Act (RTE)

RTE has radically changed things in various dimensions; among them are:

  • Increased Enrollments: It has contributed to a higher rate of enrollment, especially for girls and children from marginalized communities.
  • School Infrastructure: The physical infrastructure of a higher proportion of schools has improved, making the learning environment more favorable.
  • Teacher Development: Emphasis on training and professional development of teachers has positively influenced the quality of teaching.
  • Social Inclusion: The Act has helped increase inclusion of children coming from varied economic backgrounds into the stream of mainstream education.
  • Reduced Dropout Rates: The action under the RTE has reduced the dropouts and ensures more completion of elementary education.

Read the article on the National Digital Education Architecture NDEAR!

Significance of the Right to Education Act

The RTE Act has importance in the following ways:

  • Democratization of Education: It makes the ability to get education even, thereby removing socio-economic barriers.
  • Strong footing to Sustainable Development: Education is a strong means of increased economy, growth, and social development, and also promotes better health.
  • Legal Enforceability: Making it a fundamental right, this Act becomes legally enforceable for a citizen to claim accountability upon.
  • Quality and Holistic Education: With the instrument of implementation as CCE and teacher training, the aim of the act is to reach beyond enrollment and establish quality perception.
  • Empowerment of Marginalized Groups: This Act is instrumental to bring in social justice and the empowerment of the disadvantaged groups.

Read the article on Vocational Education in India!

Limitations of the Right to Education Act

Right to Education Act, though helps in achieving such a lot, still has some limitations as stated below:

  • Implementation Disparities: There exists varied compliance between the states due to lack of resources and administrative problems.
  • Quality Issues in Education: The area of quality is a big challenge in education, despite broader access being provided.
  • Infrastructure Over Emphasis: There is adequate emphasis required on infrastructure vis-a-vis the outcome of education.
  • Lack of Teacher Training: There are long-standing inadequacies in the training of teachers that directly impact what education provisions can achieve.
  • Financial Constraints: Inadequate financing is one of the factors that limit the full program implementation of the RTE's mandates.
  • Limited Age Coverage: The Act only lends itself to children aged between 6 and 14 years, neglecting early childhood and secondary education.

Read the article on the Education System in India during British Rule!

Government Efforts in Promoting Education

The Government of India has been taking several steps in the school education sector to further strengthen the objectives envisaged under RTE. The major ones are as follows:

Sarva Shiksha Abhiyan

Launched in 2001, the SSA seeks to universalize elementary education through community ownership of the school system. This includes some of the important strategies like opening new schools, adding new classrooms, and other infrastructural facilities such as toilets and drinking water. SSA also indulged in the enhancement of the quality of teachers through training and development programs.

Mid-Day Meal Scheme

Through this programme, the Mid-Day Meal Scheme since 1995 has provided free lunches to children in primary and upper primary classes in government and government-aided schools. That was an effort that was taken towards providing a practically useful improvement in nutritional levels of children and increasing attendance and enrollment rates.

Rashtriya Madhyamik Shiksha Abhiyan

The RMSA was launched in 2009 to improve access to secondary education and enhance its quality. It has so far focused on the opening of new secondary schools, upgradation of existing ones, infrastructure improvisation, and setting up of labs and libraries.

Beti Bachao Beti Padhao (BBBP)

This is a 2015 initiative that targets ending the disparities of girls vis-à-vis boys at all educational levels and is aimed at imparting education to girls. Building a case for the education of girls and taking measures for their increasing enrollments and reducing drop-outs at all levels of education are the objectives.

Atal Innovation Mission

The AIM was established to foster a culture of innovation and entrepreneurship in schools and institutions of higher education. It provides the set-up of Atal Tinkering Labs in schools and support to students for generating innovative and technological solutions.

Samagra Shiksha Abhiyan

Launched in 2018, the Samagra Shiksha Abhiyan subsumes the existing schemes of SSA, RMSA, and Teacher Education. It aims at covering pre-school to class 12 with an integrated approach to education and focuses on improvement in quality of education, digital literacy, and vocational training.

Digital Initiatives in Education

Some of the digital initiatives in education include the following:

e-PATHSHALA

e-PATHSHALA is an initiative of the MHRD and NCERT to make digital textbooks and learning resources available online, thus increasing access to educational content.

DIKSHA: Digital Infrastructure for Knowledge Sharing

Launched in 2017, DIKSHA provides training content, lesson plans, and resources to teachers for improving classroom effectiveness. For students, it makes study material and training modules available in a variety of languages.

SWAYAM: Study Webs of Active-Learning for Young Aspiring Minds

SWAYAM is an online portal that gives courses from school to postgraduate levels. It encompasses MOOCs in many subjects and skill development areas; hence, it is sure to take education to a larger section of the population.

Pradhan Mantri Vidya Lakshmi Karyakram

This initiative brings in a single window for the student seeking information about educational loans and scholarships. It thus eases the access to financial resources to pursue higher education.

NEP 2020

NEP 2020 is a comprehensive framework that is aimed at restructuring education in India, with emphasis on early childhood education, a more holistic and multidisciplinary approach to education, the integration of technology, and a flexible curriculum that encourages critical thinking and creativity.

Kasturba Gandhi Balika Vidyalaya (KGBV)

KGBV, introduced in the year 2004, is designed to provide quality education for girls coming from marginalized communities from Scheduled Castes, Scheduled Tribes, and other backward categories through residential school facilities.

Read the article on the Technical Education Quality Improvement Programme TEQIP!

Conclusion

The latest ruling from the Bombay High Court has been a refreshing breath of hope for strong implementation of the RTE. If the intent of RTE were to effect change for millions, then state governments must equally match its vision and intent with their policy reforms. Karnataka, Punjab, and all other states must now set their course right and make sure their policies consequently support, instead of subverting, this all-important legislation.

Sheer dedication, strong implementation, and collective effort together with an unflinching commitment would be needed to translate the dream of RTE, at least in relation to equitable education opportunity. The realization of this vision, which must be converted to reality, is not a choice for the children of India but for a larger goal of their being brought up in a just and equitable society.

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UPSC Previous Year Questions

Year

Question

2021

Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail.

UPSC Practice Questions

Q1. Discuss the historical evolution of the Right to Education (RTE) in India. Evaluate the significance of the various constitutional provisions and judicial mandates that have shaped this right. (250 words)

Q2. Critically analyze the salient features of the Right to Education (RTE) Act. How have these features aimed to address the disparities in the Indian education system? (250 words)

Q3. Despite significant achievements, the Right to Education (RTE) Act faces various limitations. Discuss these challenges and suggest potential solutions to enhance the effectiveness of the Act. (250 words)

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