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India aims to implement RtE-2009 Act to facilitate UEE
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UNIVERSAL ELEMENTARY EDUCATION
REFORMS FOR UPLIFTMENT OF THE
WEAKER SECTIONS OF INDIA
Education for All
'An Educated India is A Progressing India'
2
Ever since Independence, India has
undertaken several initiatives to achieve
universalization of elementary education,
which has yielded mixed results.
The Right to Education legislation in India has
seen a chequered history in evolving from a
directive principle to a fundamental right. In
1950, the constitution articulated its
commitment to education through its directive
principle of State policy.
Universal Elementary Education
• The role of Universal Elementary Education (UEE) for
strengthening the social fabric of democracy through
provision of equal opportunities to all has been
accepted since the inception of our Republic.
• The original Article 45 in the Directive Principles of
State Policy in the Constitution mandated the State to
endeavour to provide free and compulsory education
to all children up to age fourteen in a period of ten
years.
4
• In 2002, the 86th constitutional amendment was
followed by rounds of discussions(tabling of right for
free and compulsory education bills by the NDA and
the UPA governments), which made education a
fundamental right for children in the age group of 6 –
14 tears.
• The Act was introduced in Rajya Sabha in December
2008. It was passed in the Lok Sabha on 4th August
2009 and the president gave his assent to it on 26
August 2009.The Act came into force on 1 April 2010
as a fundamental right.
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The Sarva Shiksha Abhiyan had been set with specific targets. These are:
• All children in school, Education Guarantee Centre, Alternate School or 'Back-to-School' camp by 2005.
• All children complete five years of primary schooling by 2009.
• Children complete eight years of elementary schooling by 2012.
• Focus on elementary education of satisfactory quality with emphasis on education for life.
• Bridge all gender and social category gaps at the primary stage by 2009 and
at the elementary education level by 2012.
• Universal retention by 2012.
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• Though the Sarva Shiksha Abhiyan [SSA]
is being administered through government
and govt. aided schools,
• some private unaided schools are also
actively involved in contributing towards
universal elementary education.
• The govt. entered into an agreement with
the World Bank for assistance to the tune of
US $ 600 million to fund the second phase
of the S S A.
10
To promote literacy among its citizens, the
Government of India has launched several
schemes such as
• the Kasturba Gandhi Balika Vidyalaya
Scheme,
• Mid-day Meal Scheme and
• the National Program for Education of Girls
at Elementary Level (NPEGEL).
11
Role of Private Sector in SSA
National Commission for Protection of Child Rights
• The act also provides that, no child shall be held back, expelled, or
required to pass a board examination until completion of
elementary education.
• Provision for special training of school drop-outs to bring them at-
par with the students of the same age.
• Right to Education of Person with Disabilities till 18 years of age
has been made a Fundamental Right.
• The act provides for establishment of the National Commission for
Protection of Child Rights and State Commissions for supervising
of proper implementation of the act, looking after the complaints
and protection of Child Rights.
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IMPLEMENTATION OF RTE EEGULATIONS
Successful implementation of the RTE act
passed by the central government requires key
steps to be undertaken by state governments.
States are required to notify specific rules for
carrying out the provisions of the Act. They are
also required to constitute a State Commission
for the Protection of Child Rights and notify a
state academic authority to frame and monitor
the curriculum.
20
Recently the Centre is seriously exploring ways to
bring pre-school education under Right to
Education Act to provide free and compulsory
education to children between the age group of
four and six.
21
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The Constitution (Eighty-sixth Amendment) Act, 2002,
inserted Article 21-A in the Constitution of India to provide
free and compulsory education of all children in the age
group of six to fourteen years as a Fundamental Right in
such a manner as the State may, by law, determine. The
Right of Children to Free and Compulsory Education
(RCFCE) Act, 2009, which represents the consequential
legislation envisaged under Article 21-A, means that every
child has a right to full time elementary education of
satisfactory and equitable quality in a formal school
which satisfies certain essential norms and standards.
23
Major Highlights of the Act
The Act makes education a fundamental right of
every child between the ages of 6 and 14.
• It requires all private schools to reserve 25% of
seats to children from poor families (to be
reimbursed by the state as part of the public-
private partnership plan).
• It also prohibits all unrecognized schools from
practice, and makes provisions for no donation
or capitation fees and no interview of the child
or parent for admission.
24
• The Act also provides that no child shall be
held back, expelled, or required to pass a
board examination until the completion of
elementary education.
• There is also a provision for special training of
school drop-outs to bring them up to par with
students of the same age. The Right to
Education of persons with disabilities until 18
years of age has also been made a
fundamental right.
• A number of other provisions regarding
improvement of school infrastructure, teacher-
student ratio and faculty are made in the Act.
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• Monitoring and Implementation of the act
should be done by the National Commission
for the Protection of Child Rights, an
autonomous body together with Commissions
to be set up by the states.
• Schools excluded from RTE under special
category : Kendriya Vidyalaya, Navodaya
Vidyalaya, Sainik School and Madrasas
(protected under Article 29 and 30 of the
Constitution)
26
SC backs Right to Education
The apex court upheld
the constitutional validity
of the Act and directed
all schools, including
privately-run schools,
irrespective of the board
they are affiliated to, to
admit from this
academic year (2012-
13)
27
at least 25% students from
socially and economically
backward families. These
students will be
guaranteed free education
from class I till they reach
the age of 14.
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SC Bench said: “To put an obligation on the unaided non-minority
school to admit 25 per cent children in class I under Section 12(1) (c)
cannot be termed as an unreasonable restriction. Such a law cannot
be said to transgress any constitutional limitation. The object of the
2009 Act is to remove the barriers faced by a child who seeks
admission to class I and not to restrict the freedom under Article 19(1)
(g).
“From the scheme of Article 21A and the 2009 Act, it is clear that
the primary obligation is of the State to provide for free and
compulsory education to children between the age of 6 and 14 years
and, particularly, to children who are likely to be prevented from
pursuing and completing the elementary education due to
inability to afford fees or charges.”
29
The SC judgment said: “We hold that the Right of
Children to Free and Compulsory Education Act, 2009 is
constitutionally valid and shall apply to a school
established, owned or controlled by the appropriate
Government or a local authority; an aided school
including aided minority school(s) receiving aid or grants
to meet whole or part of its expenses from the
appropriate Government or the local authority; a school
belonging to specified category; and an unaided non-
minority school not receiving any kind of aid or grants to
meet its expenses from the appropriate Government or
the local authority.”
30
The 86th constitutional amendment (2002),
And the RTE Act (2009), have given us the
tools to provide quality education to all our
children. It is now imperative that we the
people of India join hands to ensure the
implementation of this law in its true
spirit. The Government is committed to
this task though real change will happen
through collective action.
31
With this, India has moved forward to a rights
based framework that casts a legal obligation on
the Central and State Governments to
implement this fundamental child right as
enshrined in the Article 21A of the Constitution,
in accordance with the provisions of the RTE
Act.
Sarva Shiksha Abhiyan (SSA) is implemented
as India‟s main programme for universalising
elementary education. Its overall goals include
universal access and retention, bridging of
gender and social category gaps in education
and enhancement of learning levels of children.
32
Both the Central and state governments are responsible
for ensuring effective implementation of the Act. There has
been significant improvement in terms of the number of
primary schools, largely due to additional resources made
available through the Sarv Shiksha Abhiyaan to bridge
existing gaps. The scheme is now being extended to the
secondary school level as well.
In addition to the Government‟s initiative, the private
sector has also played a role in improving the state of
education in the country and continues to do so.
33
Since RTE Act came into force,
• 50,672 new schools,
• 4.98 lakh additional classrooms,
• 6.31 lakh teachers, etc
• have been sanctioned to States and UTs
under S S A. The fund sharing pattern
between the Central and State Governments
has also been revised to a sharing ratio which
is more favourable to States Governments.
Reservation of 25% seats in private schools for children from poor families • The school may be there
but students may not attend, or drop out after a few months.
• Through school & social mapping, many issues need to be addressed that prevent a weak child from completing the process of education.
• The principle behind 25% reservation is to promote social integration.
A school is a perfect setting
where existing inequalities
in society can be bridged
if the school encourages
students to integrate
psychologically,
emotionally and academically.
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The Right of Children to Free and Compulsory Education
(RTE) Act, 2009 has come into force with effect from April
1, 2010. The Sarva Shiksha Abhiyan (SSA) Framework of
Implementation and norms for interventions have been
revised to correspond with the provisions of the RTE Act.
This includes
• interventions, inter alia for opening new primary and
upper primary schools as per the neighbourhood
norms notified by State Governments in the RTE
Rules,
38
• support for residential schools for children in areas
which are sparsely populated, or hilly or densely
forested with difficult terrain, and for urban deprived
homeless and street children in difficult circumstances,
• special training for admission of out-of-school children
in age appropriate classes, additional teachers as per
norms specified in the RTE Act,
• two sets of uniforms for all girls, and children belonging
to SC/ST/BPL families,
• strengthening of academic support through block and
cluster resource centres, schools, etc.
39
Activity Timeframe
Establishment of neighbourhood
schools 3 years (by 31st March, 2013)
Provision of school infrastructure
All weather school buildings
One-classroom-one-teacher
Head Teacher-cum-Office room
Library
Toilets, drinking water
Barrier free access
Playground, fencing, boundary
walls
3 years (by 31st March, 2013)
Provision of teachers as per prescribed
Pupil Teacher Ratio 3 years (by 31st March, 2013)
Training of untrained teachers 5 years (by 31st March 2015)
Quality interventions and other
provisions With immediate effect
The RTE Act mandates the following timeframe for
implementation of its provisions:
Implementation of RIGHT TO EDUCATION ACT
provides for all children the benefit of free
and compulsory
• admission,
• attendance and
• completion
of elementary education.
40
In India, since we gained freedom of self governance,
• Undoubtedly, much progress has occurred
since the last sixty years of our
independence and
• many more children with a diverse
background are accessing school.
• Yet....
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Dropped out, child labourers
• There are ‘invisible’ children_ children bonded to
work with an employer,
• young boys grazing cattle or working in a dhabha
• girls working in the fields or as domestic help or
caring for younger siblings, and
• children being subjected to early marriage. Many of
these children are formally enrolled in a school but
have either dropped out or have never been there.
43
Extremely vulnerable ones
• Many others such as migrant and
street children, who live in extremely
vulnerable conditions; denying them
education is against the universal
nature of human rights.
44
Enrol, attend, learn, and
Be empowered by education
• Providing universal access itself is no longer
enough; making available school facility is
essential but not sufficient.
• A monitoring mechanism is needed to ensure
that all children attend school regularly and
participate in the learning process.
45
Not attending, drop-out in a few months?
• Focus must be on the factors that prevent children from regularly attending & completing elementary education. Children
from
• weaker sections and
• disadvantaged groups, as also
• girls.
• SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND PEDAGOGIC ISSUES
46
Free, compulsory and of high quality
• The right to education is free, compulsory and
it includes good quality education for all.
• A curriculum not only provides good reading
and understanding of text books but also
includes learning through activities,
exploration and discovery.
• Comprehension, competence,
competitiveness and creativity should be
developed, not forgetting compassion.
48
Education Depts of State & Union Governments have direct responsibility
To provide
• schools,
• infrastructure,
• trained teachers,
• curriculum and
• teaching-learning material, and
• mid-day meal.
A well coordinated mechanism is needed for
inter- sectoral collaboration & convergence. 49
On the part of the whole Govts:
• The factors that contribute to the
achievement of the overall goal of
universalizing elementary education as a
fundamental right requires action on the
part of the whole Governments.
A well coordinated mechanism is needed for
inter- sectoral collaboration & convergence.
50
Timely & appropriate financial allocations, redesign school spaces
• The Finance Department to release funds
at all levels.
• The Public Works Dept. to re-conceive and
redesign school spaces from the pedagogic
perspective & Address issues of including
disabled children through barrier free
access.
51
Provide Social & Location Mapping of schools, Water & sanitation facilities
• The Dept. of Science & Technology to provide geo-spatial technology to perform at
grass-root survey.
• Provision of access to sufficient safe drinking water
• Provision and access to adequate sanitation facilities, specially for girl child.
52
ROLE OF CIVIL SOCEITY in RTE
• Above all, people‟s groups, civil society
organizations & voluntary agencies will play
an crucial role in the implementation of the
RTE Act.
• This will help build a new perspective on
inclusiveness, encompassing gender &
social inclusion, & ensure that these become
integral & crosscutting concerns informing
different aspects like training, curriculum and
classroom transaction. 53
ROLE OF CIVIL SOCEITY • A VIBRANT CIVIL SOCEITY MOVEMENT
CAN ENSURE THAT
• THE PARENT / CHILD FROM WEAKER OR
DISADVANTAGED SECTIONS BECOME
AWARE OF
• THE VALUE OF EXERCISING THE RIGHT
TO ELEMENTARY EDUCATION AND
• PUT IN SERIOUS EFFORTS ON THEIR
PART.
• NGO contribution of knowledge, ideas and
solutions to the challenges are needed. 54
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► A key issue being raised against the
provisions of the RTE Act is the absence
of provisions for improving the job conditions of
teachers. This leads to limited availability of
quality teachers in rural or inaccessible areas.
► According to analysts, teacher training is one
of the biggest requirements of the
current system and has been neglected by the
Act.
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Since the Government has finite resources,
reimbursing expenses to private schools will
be at the expense of government schools.
Therefore, it should be made voluntary for
private schools reserve seats for children from
disadvantaged sections of society. It is unfair
to make this applicable for all private schools.
“The whole idea of reimbursement of
expenses to private schools is a case of poor
economics. If the government is unable to
meet the expenses from where will it
generate additional resources to reimburse
the private schools”.
Prof. Praveen Jha, JNU
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The National Council for Teacher Education has laid
down the minimum qualifications for teachers in schools
in 2001 on the basis of the National Council for Teacher
Education Act and the RTE Act, according to which
teachers appointed by the government or employing
authority should be trained and have minimum
qualifications for different levels of school education.
Within the five year period, all teachers need to acquire
the academic and professional qualifications prescribed
by the academic authority under the RTE Act. This is a
difficult task.
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„Free education‟ means that no child, other
than a child who has been admitted by his
or her parents to a school which is not
supported by the appropriate Government,
shall be liable to pay any kind of fee or
charges or expenses which may prevent
him or her from pursuing and completing
elementary education.
79
• .„Compulsory education‟ casts an obligation on
the appropriate Government and local
authorities to provide and ensure admission,
attendance and completion of elementary
education by all children in the 6-14 age
group.
• With this, India has moved forward to a rights
based framework that casts a legal obligation
on the Governments to implement this right.
80
The new law provides a justiciable legal
framework that entitles all children between the
ages of 6-14 years free and compulsory
admission, attendance and completion of
elementary education. It provides for children‟s
right to an education of equitable quality, based
on principles of equity and non-discrimination.
Most importantly, it provides for children‟s right to
an education that is free from fear, stress and
anxiety.
81
The Rights perspective under the RTE Act has also
brought in new monitoring mechanisms to ensure that
child rights under the Act are protected. The RTE Act
provides for constitutionally created independent bodies
like the National and State Commissions for Protection
of Child Rights to perform this role. These bodies, with
quasi-judicial powers bring in an element of monitoring
new to the implementation of SSA, requiring that
internal monitoring mechanisms under the SSA engage
purposefully with these independent bodies.
82
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The RTE provides a legally enforceable rights
framework with certain unambiguous time targets that
Governments must adhere to. For example, the Act
mandates that every child in the six to fourteen age
group shall have a right to free and compulsory
education in a neighbourhood school. The Act also
provides that if a school does not exist in an area or
limit prescribed as the neighbourhood, the appropriate
Government and the local authority shall establish a
school in this area within a period of three years.
84
The revised S S A Framework for Implementation is
derived from the recommendations of the Committee on
Implementation of RTE Act and the Resultant Revamp of
S S A, and is intended to demonstrate the harmonization
of S S A with the RTE Act. It is also based on child centric
assumptions emerging from the National Policy on
Education, 1986/92 and the National Curriculum
Framework (NCF), 2005. The revised S S A Framework
of Implementation provides a broad outline of approaches
and implementation strategies, within which States can
frame more detailed guidelines keeping in view their
specific social, economic and institutional contexts.
