Critical Analysis of Right to Education Act 2009.
BY,Dr. S.G.Goudappanavar, Associate Prof,S.C. Nandimath Law College,Bagaalkot-567101.Karanatak.India.Id [email protected] Cell-N0-9880525605.
Right To Education.
“Education is a human right with immense power to transform. On its foundation rest the cornerstones of
Freedom, Democracy and Sustainable Human Development” Kofi Annan.
Constitutional Provisions
Article 41- Within its Economic Capacity -Education.Article-45-Provide child hood and education-6 years. Article 51A(K)-Parent’s Duty –Child 6 -14 years.Article 21-Right to life-includes right to education. Mohini Jain v State of Karanta, 1992, Unnikrishan v
Union of India, 1993, T.M. Pai v Union of India.21-A- state shall provide free and compulsory
education to child who are between 6 and 14.
Silent feature of RTE Act 2009.
* Total sections-38- chapters-7* Capitation fee prohibated.* Child means more than 6 and less than 14
years.* Elementary school means from 1 to 8
standard.* Child belonging to dis-advantaged and
weaker section society.
Rights of Child.
* Sec-3-every child has right to free and compulsory education in neighbor hood school.
* Sec-4-child admission according to his age, directly to higher class, such child shall be given special training.
* Sec-5-child has right to take transfer to other school excluding special school, headmaster should give transfer certificate, no refusal admission because of delay in getting TC.
Duties of Appropriate Govt, local Authority and Parents.
Sec-6- appropriate govt and local authority establish school within 3 years in neighborhood.
Sec-7-Central and State govt share the financial burden.
Sec-8- Appropriate govt provide free and compulsory education, ensure compulsory admission, attendance, good and quality education and provide other infrastructure.
Continued.
• Sec-9-every local authority should provide free and compulsory education and other infrastructure.
• Sec-10- Parent and Guardian shall admit their children to elementary school in neighborhood.
• Sec-11- Appropriate govt may provide facility of nursery school to children between 3 to 6.
Responsibilities of Schools and Teachers.
Sec-12-govt school- private aided- proportionate to funds but subject to minimum 25/ admit students.
Private unaided school should admit at least 25/ of dis-advantaged and weaker section.
The govt will reimburse their cost of education on the basis of their calculation.
Sec-13-No capitation fee and Screening procedure for admission.
Continued.
Sec14- No age of proof, on such ground admission can not be denied.
Sec-15- No denial of admission on the ground that admission date or extended date is closed.
Sec-16- No child shall be hold back in the same class or expelled from the school.
Sec-17-No physical punishment and mental harassment.
Continued.
Sec-18-No establishment of school without certificate of recognition, other wise person who has started school shall be fined Rs 1 lakh.
Sec 19-No School shall be recognized unless the standard set in schedule is met, any continuation after recognition is withdrawal person punishable up to 1 lakh.
Sec-21-School management committee for govt school.
Continued.
Sec-23-Teacher must possess the qualification and training as prescribed by the Central Government. no qualified teacher available the government may reduce the qualification for five years.
Sec-24-Teacher and pupil ratio should be maintained.
Sec-25-Vacancy in teacher post shall not exceed more than 10/ total strength/
Continued.
Sec-27- Teachers shall not assigned any other work except election, disaster management and population census.
Sec-30-no child shall required to pass Board Exam till completes elementary school.
Remedies.Sec-31-Complaint to National and State
Commission constituted under the Protection of Child Rights Act 2005.
The Commission takes steps as provided under section 15 and 24 of the 2005 Act.
Sec-32-Complaints to local authority-takes decision within 3 months, aggrieved person- appeal to Commission.
Sec-36-No Prosecution for offence under sec-13, 18 and 19 without the sanction of the authority.
Criticism. Act is like a teeth less tiger. Sec-31,-National
or State commission under Protection of Rights of Child Act, 2005- 32 &36. Right without remedy.
No fixation of Accountability-Scope for passing bucks. Sec-6, 7, 8, 9,& 10.
Punishments are not deterrent. No imprisonment- maximum fine is 1 lakh.
The Sections 18 & 19 not properly drafted because the word “person” creates confusion- more clarity.
Continued.
Neighborhood Criteria is not appropriate.Act is not made applicable to minority
institutions. Pramati Educational and Cultural Trust v Union of India, 2014- SC 2114.
Act assures Pupil right to be promoted-no holding back-no board exam-relaxation in the qualification of teacher-no age proof-admission as per age-not quality education.
One Acre norm is difficult to comply.Teacher’ election job is not good idea.
Challenges. HUGE INVESTMENT.
Estimated Cost for first five year is 2 36 000 Cores.
Sharing-85:15-75:25-65:35-50:50.Federal Constitution-VII schedule- states are
weak.First year-HRD estimated amount-49000
cores- recived-21000.Second year- marginally gone up to 25000
cores.
Continued.
Hardly 3 to 4 percent of GDP spent on education including higher education.-suggested by expert around 9/
In Karnataka-last two year only 60 percentage of allocated amount is spent- last year-1598 cores on primary education-spent amount is 697.
Children’s Problem.
28 cores children School going age only 18 cores admitted to Schools.
Child definition. Juvenile Justice Act. Less than 6 and above 14 year.
Child Labor and Compulsory education is incompatible.
Street, Sex worker, Begging, migrated or mobile families children’s education.
Section 8, 9, and 10 puts obligation to ensure Child Education.
Neighborhood.
♣1.29 Million Schools are required.∗ 8/ habitants and 7/ slums children do not
have schools within 1 km.∗ 12/ school do not have all weather roads.∗ Right to education is illusion to minority
and tribunal community in conflict zones.
Appointment and Quality of Teacher.
RTE requires still 12 lakh teachers but only sanctioned 6 lakh that also not filled.
Section 23 is silent about education qualification and salary.
20/ teacher without professional qualification.It is too worst in Bihar, UP MP and West Bengal
and Odisha.Section 26- Authorities must ensure that
vacancy shall not exceed more than 10/.
Quality of Education.
Ensure good quality education. Teacher ratio-1:30- 9/ schools run by one
teacher.Drop out rate is 9.1/ has bought down to 6.8/ in
2010-11.Absenteeism is common.63/ students of 3rd class could not identifies
words and 21/ students could not read paragraph
Poor Infrastructure.
Section 19- Norms of Schedule within 3 years by all school.
Most of the school do not have –one Acre area is difficult to comply
building, play ground, water drinking facility, latrine facility, no compound, no library facility and modern learning instrument.
One school in 10 private school comply norms.
Recommended
