All about Right to Education (RTE) Act 2009

The Constitution of India, in its directive principles, laid down that the state/government shall provide free and compulsory education to all children up to the age 14 years. However, this provision remained unimplemented for several decades. It was only in the 1990s that the issue of universal elementary education gained momentum, and various civil society organizations and educationists began to push for its implementation.

In 1993, the National Policy on Education was revised to include a commitment to universal elementary education. The policy recommended that the government should allocate 6 percent of the GDP to education and that private schools should be made to reserve a certain percentage of seats for disadvantaged children.

In 2002, the Constitutional Amendment was passed, making education a fundamental right under Article 21A. This meant that every child had the right to free and compulsory education. However, it was only in 2009 that the Right to Education Act was passed, which provided a legal framework for the implementation of this right.

The RTE Act 2009 mandates that all children between the ages of 6 to 14 should receive free and compulsory education. The Act lays down several provisions for ensuring that children from disadvantaged backgrounds are not left behind. For instance, it requires that all private schools reserve 25 percent of their seats for children from economically and socially disadvantaged backgrounds. The RTE Act also provides for the establishment of neighborhood schools, which are to be set up in every habitation where there are no schools.

The genesis of the Right of Children to Free & Compulsory Education (RTE)  Act 2009 is rooted in the struggle of various civil society organizations, educationists, and social reformers to make education accessible to all. It is a reflection of the commitment of the Indian state to the cause of education and the recognition that education is a fundamental right that must be guaranteed to all children. The Act has the potential to transform the educational landscape of the country, and it is essential that all stakeholders work together to ensure its effective implementation.

What was the basis of RTE?

The basis of the Right of Children to Free & Compulsory Education (RTE)  Act 2009 is the fundamental right to education which was included as a new provision, Article 21A, in the Constitution of India through the 86th Constitutional Amendment Act, 2002. This amendment inserted a new clause after Article 21, which reads as follows:

‘The State/Government shall provide free and compulsory education to children of the age of 6 to 14 years as the State may, by law, determine. This clause made education a fundamental right for children of 6 to 14 years.’ The RTE Act, 2009 is the law enacted by the Parliament of India to give effect to this constitutional provision.

The RTE Act is based on the principles of equality, non-discrimination, and social justice. It seeks to ensure that all children got access to quality education regardless of their socio and economic background, gender, or caste. The Act also aims to bridge the gap between different sections of society by promoting inclusive education.

The RTE Act also recognizes the importance of early childhood care and education and provides for the establishment of Anganwadi centers for children below the age of six. The Act also lays down standards for infrastructure, teacher qualifications, and curriculum to ensure that children receive a quality education.

Thus, the basis of the RTE Act is the fundamental right to education enshrined in the Constitution of India and the principles of equality, non-discrimination, and social justice. The Act seeks to make education accessible to all children and promote inclusive education.

What is the  Unnikrishnan judgment and its role in RTE?

The Unnikrishnan judgment refers to a landmark ruling by the Supreme Court of India in 1993, which recognized education as a fundamental right under the Indian Constitution. The judgment held that the right to education in India is an integral part of the right to  life as provided in under Article 21 of the Constitution of India.

The Unnikrishnan judgment played an important role in the development of the Right of Children to Free & Compulsory Education (RTE)  Act 2009. The judgment highlighted the need for universal education and called for greater investment in education by the government. It also emphasized the importance of access to education for marginalized and disadvantaged communities.

The Unnikrishnan judgment had a significant impact on the subsequent policy and legislative developments in India’s education sector. It led to the inclusion of the right to education as a fundamental right in the Constitution through the 86th Constitutional Amendment Act 2002. This amendment paved the way for the enactment of the RTE Act, 2009.

The RTE Act, 2009, builds on the principles established by the Unnikrishnan judgment in providing free and compulsory education to all children ages of 6 to 14. The Act also lays down standards for infrastructure, teacher qualifications, and curriculum to ensure that children receive a quality education.

In summary, the Unnikrishnan judgment played a significant role in recognition of education as a fundamental right in India and paved the way for the enactment of the RTE Act, 2009, which seeks to provide universal education to all children.

 

Who played a crucial role in RTE development?

The RTE Act 2009 was a result of the collective efforts of various individuals, organizations, and government bodies. Some of the key players who played a crucial role in the passage of the RTE Act are:

1. Civil society organizations and NGOs: Several civil society organizations and NGOs, such as the National Campaign for Education, played a vital role in advocating for the right to education and pushing for the enactment of the RTE Act.

2. Educationists and activists: Educationists, social activists, and scholars such as Anil Sadgopal, Jean Dreze, and Amartya Sen played an essential role in highlighting the need for a comprehensive law that would provide free and compulsory education to all children.
3. Government bodies: The Ministry of Human Resource Development, the National Advisory Council, and various state governments played a crucial role in drafting and passing the RTE Act.
4. Members of Parliament: The RTE Act was passed in both houses of Parliament, with members from various political parties supporting the bill.

Overall, the RTE Act was a collective effort that involved a range of stakeholders and actors from different sectors, working towards the common goal of providing quality education to all children in India.

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How is RTE monitored at the national level?

The monitoring of the Right to Education (RTE) Act, 2009, at the national level is carried out by the Ministry of Education, Government of India, through various mechanisms. Some of these mechanisms are as follows:

1. The NCERT is responsible for developing and revising the curriculum and textbooks for elementary education in India. It also conducts research and surveys to monitor the implementation of the RTE Act.
2. The NCPCR is a statutory body set up to protect the rights of children in India. It monitors the implementation of the RTE Act and investigates complaints related to violations of the Act.
3. The NIEPA is a research institute that conducts studies on education planning and policy in India. It provides technical support to the Ministry of Education in monitoring the implementation of the RTE Act.
4. The ASER is a national survey that assesses the learning levels of children in rural areas of India. It also monitors the enrollment and attendance rates of children in elementary schools.
5. State and District-level Monitoring Committees: The RTE Act mandates the establishment of State and District-level Monitoring Committees to oversee the implementation of the Act. These committees are responsible for monitoring the enrollment, attendance, and learning outcomes of children in their respective states and districts.

In addition to the above mechanisms, the Ministry of Education also conducts periodic reviews and evaluations of the implementation of the RTE Act. These reviews are used to identify gaps and challenges in the implementation of the Act and to suggest measures for improving its effectiveness.

How is RTE monitored at the State level?

At the state level, the monitoring of the Right to Education (RTE) Act, 2009 is carried out by the respective State Governments. Each State Government has established a State-level Monitoring Committee (SLMC) to oversee the implementation of the RTE Act. The SLMC is responsible for monitoring the progress made in providing free and compulsory education to all children ofthe ages between 6 to 14 years.

The SLMC is responsible for the following tasks:

• Monitoring the implementation of the RTE Act in the state.
• Reviewing the progress made towards achieving the goals and objectives of the RTE Act.
• Providing technical support to the District-level Monitoring Committees.
• Developing strategies and action plans to improve the implementation of the RTE Act.
• Conducting periodic reviews and evaluations of the implementation of the RTE Act.
• Identifying gaps and challenges in the implementation of the RTE Act and suggesting measures to address them.

In addition to the SLMC, each State Government has also established District-level Monitoring Committees (DLMC) to oversee the implementation of the RTE Act at the district level. The DLMC is responsible for monitoring the enrollment, attendance, and learning outcomes of children in their respective districts.

The District-level Monitoring Committees is responsible for the following tasks which is similar to SLMC specified above:

• Monitoring the implementation of the RTE Act in the district.
• Reviewing the progress made towards achieving the goals and objectives of the RTE Act.
• Conducting surveys to identify out-of-school children and ensuring their enrollment in schools.
• Monitoring the attendance and retention of children in schools.
• Monitoring the quality of education provided in schools.
• Identifying gaps and challenges in the implementation of the RTE Act and suggesting measures to address them.

In summary, the monitoring of the RTE Act at the state level is carried out by the respective State Governments through the establishment of State and District-level Monitoring Committees. These committees are responsible for monitoring the implementation of the RTE Act, identifying gaps and challenges, and suggesting measures to address them.

What are the RTE norms?

The Right to Education (RTE) Act, 2009 lays down certain norms and standards that need to be followed to ensure that every child between the ages of 6 and 14 years receives free and compulsory education. These norms are as follows:

• Free and compulsory education: The RTE Act mandates that every child between the ages of 6 and 14 years shall have the right to free and compulsory education.
• Neighborhood schools: The RTE Act requires that every child is admitted to a school that is within his or her neighborhood, and the distance between the child’s residence and the school should not be a barrier to education.
• Infrastructure norms: The RTE Act prescribes minimum infrastructure norms for schools, including adequate classrooms, toilets, drinking water facilities, playgrounds, and other facilities as prescribed by the state government.
• Teacher-student ratio: The RTE Act mandates a specific teacher-student ratio in schools. It requires that there should be at least one teacher for every thirty students at the primary level and one teacher for every thirty-five students at the upper primary level.
• Qualifications of teachers: The RTE Act prescribes minimum qualifications for teachers, including a Bachelor’s degree in education or an equivalent qualification. It also mandates that all teachers should have passed a Teacher Eligibility Test (TET) conducted by the respective State Governments.
• Curriculum and evaluation norms: The RTE Act prescribes specific curriculum and evaluation norms to be followed in schools. It requires that the curriculum should be child-centric, activity-based, and focus on the all-around development of the child. It also mandates a continuous and comprehensive evaluation system to assess the child’s progress.
• Prohibition of physical punishment and mental harassment: The RTE Act prohibits physical punishment and mental harassment of children in schools. It also mandates that schools should provide a safe and secure environment for children.

Non-discrimination: The RTE Act prohibits discrimination against children based on gender, religion, caste, and ethnicity. It mandates that all children have equal access to education and opportunities. percent

In summary, the RTE Act lays down certain norms and standards that need to be followed to ensure that every child between the ages of 6 and 14 years receives free and compulsory education. These norms include free and compulsory education, neighborhood schools, infrastructure norms, teacher-student ratio, qualifications of teachers, curriculum and evaluation norms, prohibition of physical punishment and mental harassment, and non-discrimination.

What are the bottlenecks of RTE?

Despite the significant progress made in the implementation of the Right to Education (RTE) Act since its enactment in 2009, several bottlenecks continue to exist that have hindered the full realization of its objectives. Some of the bottlenecks of the RTE Act are:

• Inadequate infrastructure: Despite the RTE Act’s infrastructure norms, many schools lack basic facilities such as adequate classrooms, toilets, drinking water facilities, and playgrounds. This has led to overcrowding and compromised the quality of education.
• Shortage of teachers: The RTE Act’s teacher-student ratio norm has not been met in many schools, resulting in a shortage of teachers. Many schools continue to operate with a single teacher, resulting in poor learning outcomes.
• Quality of education: Despite the RTE Act’s emphasis on the quality of education, the curriculum remains outdated, and teaching methods are not child-centric. This has led to poor learning outcomes and low levels of student retention.
• Inadequate monitoring and accountability: While the RTE Act mandates the establishment of monitoring committees, there is often a lack of accountability at the state and district levels, resulting in poor implementation of the Act.
• Poor awareness among parents: Many parents, especially those in rural areas, are not aware of their children’s right to education. This has led to low enrollment rates, especially among girls and children from disadvantaged communities.
• Inadequate funding: While the RTE Act mandates that the government provide funding for the implementation of the Act, there is often a lack of adequate funding, resulting in poor infrastructure and shortages of teachers.

In summary, despite the significant progress made in the implementation of the RTE Act, several bottlenecks continue to exist that have hindered the full realization of its objectives. These include inadequate infrastructure, shortage of teachers, poor quality of education, inadequate monitoring and accountability, poor awareness among parents, and inadequate funding.

What is the status of RTE?

The implementation of the RTE Act 2009 Act has led to significant progress in the education sector in India. Here are some statistics that highlight the status of RTE implementation:

• Enrollment: The RTE Act mandates that every child of 6 and 14 years should be enrolled in school. According to the District Information System for Education (DISE), the enrollment rate in primary schools (classes I-V) increased from 96.7 percent in 2010-11 to 99.2 percent in 2019-20, indicating a significant improvement in enrollment rates.

• Infrastructure: The RTE Act mandates minimum infrastructure norms for schools, including adequate classrooms, toilets, drinking water facilities, and playgrounds. According to the DISE, in 2019-20, 94.3 percent of primary schools had separate toilets for girls, and 89.5 percent had a playground. However, the availability of drinking water facilities remained a concern, with only 82.6 percent of schools having access to drinking water.

• Teacher-student Ratio: The RTE Act mandates a specific teacher-student ratio in schools. According to the DISE, the teacher-student ratio in primary schools improved from 1:33 in 2010-11 to 1:24 in 2019-20, indicating a significant improvement in teacher-student ratios.
• Quality of education: The RTE Act mandates a child-centric and activity-based curriculum, along with a continuous and comprehensive evaluation system. However, the quality of education remains a concern. According to the ASER 2020, only 16.2 percent of children in grade 3 could read a grade 2 level text fluently in their own language, indicating a need for improvement in the quality of education.
• Expenditure on education: The RTE Act mandates that the government spend 6 percent of its GDP on education. According to the National Statistical Office (NSO), in 2020-21, the expenditure on education was 3.1 percent of GDP, indicating a need for increased expenditure on education.

In summary, while the RTE Act has led to significant progress in enrollment rates and infrastructure, the quality of education remains a concern. Additionally, there is a need for increased expenditure on education to fully realize the objectives of the RTE Act.

What are the norms for opening an issue or access?

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What are the RTE norms of access?

The Right to Education (RTE) Act mandates several norms for access to education, including primary and upper primary schools. Here are some of the RTE norms related to access to education:

• Free and compulsory education to children of ages  6-14 years.
• Neighborhood schools: The RTE Act mandates that the government should ensure that a neighborhood school is available for every child within walking distance of one kilometer for primary schools and three kilometers for upper primary schools.
• Admissions: The RTE Act mandates that every child should be admitted to a school without any discrimination, and the admission process should be transparent.
• Age-appropriate admissions: The RTE Act mandates that children should be admitted to the grade that corresponds to their age.
• No screening process: The RTE Act prohibits any screening process for admission, including entrance tests or interviews.
• Reservation: The RTE Act mandates that 25 percent of the seats in private unaided schools should be reserved for children from economically weaker sections (EWS) and disadvantaged groups.
• Non-detention policy: The RTE Act mandates a non-detention policy, which means that no child can be detained in any grade until the completion of elementary education (up to grade 8).

In summary, the RTE Act mandates several norms for access to education, including free and compulsory education, neighborhood schools, age-appropriate admissions, no screening process, reservation for EWS and disadvantaged groups, and a non-detention policy.

What is the amount of unfinished tasks?

The implementation of the RTE Act 2009 Act made significant progress in improving access to education in India. However, there are still some unfinished tasks related to the implementation of the RTE Act. Here are some of the unfinished tasks:

• Quality of education: While the RTE Act has increased access to education, the quality of education remains a concern. According to ASER 2020, only 16.2 percent of children in grade 3 could read a grade 2 level text fluently in their own language, indicating a need for improvement in the quality of education.
• Infrastructure: While the RTE Act mandates minimum infrastructure norms for schools, including adequate classrooms, toilets, drinking water facilities, and playgrounds, there is still a need for improvement in this area. According to the District Information System for Education (DISE), in 2019-20, only 82.6 percent of schools had access to drinking water facilities.
• Expenditure on education: The RTE Act mandates that the government spend 6 percent of its GDP on education. However, the actual expenditure on education is lower than this target. According to the National Statistical Office (NSO), in 2020-21, the expenditure on education was 3.1 percent of GDP, indicating a need for increased expenditure on education.
• Implementation of 25 percent reservation for EWS and disadvantaged groups: The RTE Act mandates that 25 percent of the seats in private unaided schools should be reserved for children from economically weaker sections (EWS) and disadvantaged groups. However, the implementation of this provision is not uniform across the country, and many schools are not complying with this provision.

In summary, while the RTE Act has made significant progress in improving access to education, there are still some unfinished tasks related to the quality of education, infrastructure, expenditure on education, and implementation of the reservation provision for EWS and disadvantaged groups.

What are the challenges, and how should these be met?

The implementation of the RTE 2009 Act in India has faced several challenges that need to be addressed to ensure its success of the RTE Act. Here are some of the challenges and possible solutions to address them:

• Quality of education: One of the biggest challenges facing the implementation of the RTE Act is the quality of education. To address this challenge, the government should focus on improving teacher training and development, strengthening the curriculum, and promoting innovative teaching methods.
• Infrastructure: The RTE Act mandates minimum infrastructure norms for schools, but many schools still lack adequate infrastructure. To address this challenge, the government should increase funding for school infrastructure and ensure that schools are equipped with basic facilities such as classrooms, toilets, drinking water, and playgrounds.
• Expenditure on education: The government is required to spend 6 percent of its GDP on education, but actual expenditure on education is lower than this target. To address this challenge, the government should increase its spending on education and ensure that the funds are utilized efficiently.
• Implementation of 25 percent reservation for EWS and disadvantaged groups: While the RTE Act mandates that 25 percent of the seats in private unaided schools should be reserved for children from economically weaker sections (EWS) and disadvantaged groups, implementation of this provision has been a challenge. To address this challenge, the government should ensure that schools comply with this provision and take steps to increase awareness about this provision among parents and communities.
• Monitoring and evaluation: The RTE Act mandates that the implementation of the Act should be monitored and evaluated at various levels. However, monitoring and evaluation mechanisms have been weak, leading to a lack of accountability. To address this challenge, the government should strengthen monitoring and evaluation mechanisms, including the use of technology and community participation.

In summary, to address the challenges facing the implementation of the RTE Act, the government should focus on improving the quality of education, infrastructure, expenditure on education, implementation of the reservation provision for EWS and disadvantaged groups, and monitoring and evaluation mechanisms. These measures can help ensure that the RTE Act achieves its goal of providing free and compulsory education to all children in India.

What are RTE provisions made in Samagra Shiksha?

The Samagra Shiksha scheme is a centrally sponsored scheme that aims to provide quality education to all children in India. The scheme covers the entire education spectrum from preschool to senior secondary levels. The scheme incorporates several provisions of the RTE Act to ensure the right to education for all children. Here are some of the RTE provisions that are made in the Samagra Shiksha scheme:

• Free and compulsory education: The Samagra Shiksha scheme also provides free and compulsory education to all children between the ages of 6 and 14 years, as mandated by the RTE Act.
• Infrastructure norms: The scheme mandates minimum infrastructure norms for schools, including adequate classrooms, toilets, drinking water facilities, and playgrounds, as prescribed by the RTE Act.
• Teacher training: The scheme focuses on the professional development of teachers, as mandated by the RTE Act. It provides training to teachers on various aspects of education, including pedagogy, curriculum development, and assessment.
• Special training for out-of-school children: The Samagra Shiksha scheme provides special training for out-of-school children to bring them back to school and provide them with education. This provision is in line with the RTE Act, which mandates the inclusion of out-of-school children in the education system.
• Inclusive education: The scheme promotes inclusive education by providing support to children with special needs and ensuring that they have equal access to education. This provision is in line with the RTE Act, which mandates the inclusion of children with special needs in the education system.
• Monitoring and evaluation: The Samagra Shiksha scheme incorporates monitoring and evaluation mechanisms to ensure the effective implementation of the RTE Act. It uses various tools to monitor the progress of the scheme, including surveys, assessments, and evaluations.

In summary, the Samagra Shiksha scheme incorporates several provisions of the RTE Act to ensure the right to education for all children in India. These provisions include free and compulsory education, infrastructure norms, teacher training, special training for out-of-school children, inclusive education, and monitoring and evaluation mechanisms. These measures can help ensure that all children in India have access to quality education.

Is it possible for India to achieve the target objectives of the RTE act?

Yes, it is possible for India to achieve the targets and objectives of the RTE Act, provided that the government takes appropriate measures to address the challenges facing the implementation of the Act.

India has made significant progress in the implementation of the RTE Act since its enactment in 2009. According the Ministry of Education, the enrollment of children in schools has increased significantly, and dropout rates have decreased. The percentage of schools with all the infrastructure facilities has also increased, and the number of trained teachers has increased.

Still, there are several challenges that need to be addressed to achieve the targets and objectives of the RTE Act. These challenges include improving the quality of education, addressing the shortage of teachers, increasing the number of schools, and ensuring effective implementation of the reservation provision for economically weaker sections (EWS) and disadvantaged groups.

To achieve the objectives of the RTE Act, the state needs to take a multi-pronged approach that includes increased spending on education, improving the quality of education, strengthening the teacher training system, increasing awareness about the importance of education, and strengthening monitoring and evaluation mechanisms. Additionally, there needs to be greater community participation and involvement to ensure that the implementation of the Act is effective.

In conclusion, it is possible for India to achieve the targets and objectives of the RTE Act, but it requires sustained effort and commitment from the government, civil society, and other stakeholders. The implementation of the RTE Act needs to be strengthened, and measures need to be taken to address the challenges facing the Act. If these steps are taken, it is possible to achieve the goal of providing free and compulsory education to all children in India.

Are Muslim madrasas covered under RTE?

Muslim Madrasas in India are not covered under the Right to Education (RTE) Act, as they are not considered to be schools. The RTE Act only covers recognized schools that are affiliated with a board or recognized by the state government. However, there have been efforts to bring Madrasas under the purview of the RTE Act to ensure that the students studying in Madrasas also have access to quality education.

In 2018, the Central government launched the ‘Quality Education in Madrasas’ (QEM) scheme, which aims to improve the quality of education in Madrasas and bring them under the ambit of the RTE Act. Under this scheme, Madrasas can avail of financial assistance from the government to improve their infrastructure and teaching quality. The QEM scheme also aims to promote the teaching of modern subjects like Science, Mathematics, and English in Madrasas, along with religious education.

It is important to note that Madrasas are an integral part of the Indian education system and play a crucial role in imparting education to a significant section of the Muslim population in India. Bringing them under the purview of the RTE Act can help ensure that the students studying in Madrasas have access to quality education and can contribute to their overall development.

Are Missionary schools covered under RTE?

Yes, missionary schools are covered under the Right to Education (RTE) Act, provided that they are recognized schools affiliated with a board or recognized by the state government. The RTE Act covers all recognized schools, whether they are government-run, private, or run by religious organizations.

Missionary schools, like any other school, have to comply with the provisions of the RTE Act. These provisions include providing free and compulsory education to all children in the 6-14 age group, ensuring that the school has the necessary infrastructure and facilities, maintaining pupil-teacher ratios, and ensuring that the school has trained and qualified teachers. Additionally, the Act mandates that schools cannot engage in any form of screening or capitation fees during the admission process.

It is important to note that missionary schools play a significant role in the Indian education system and have been instrumental in providing education to a large number of students, particularly in remote and underprivileged areas. Bringing them under the purview of the RTE Act ensures that these schools also comply with the norms and standards set by the Act and provide quality education to all children.

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