Implementation of the Right to Education Act, 2009: Where do we Stand?
Insights from the CSD 2024 Status Report
Introduction to the Study
The 2024 Status Report titled “Implementation of the Right of Children to Free and Compulsory Education Act, 2009: Where Do We Stand?” is a thorough evaluation released by the Right to Education Cell at the Council for Social Development, an institute recognized by the Indian Council of Social Science Research. Compiled under the editorship of Poornima M, Ramandeep Kaur, and Amrita Sastry, with support from team members Mehak Dhiman and Gitesh Sinha, and guidance from advisors including the late Professor Muchkund Dubey and Niranjanaradhya V.P., this document commemorates 15 years since the RTE Act’s enactment. It incorporates information from sources such as the Unified District Information System for Education and the All India School Education Survey, combined with perspectives gathered during a National Summit on the RTE Act organized on April 1, 2024.
Organized into four main parts, the report includes a nationwide overview of RTE progress, case studies from various states illustrating on-the-ground realities, summaries of discussions from the summit’s sessions, and forward-looking suggestions. Funded by the Max Weber Stiftung, it pays homage to Professor Dubey’s dedication to universalizing education and establishing a common school framework. The analysis covers aspects like accessibility, school facilities, teaching staff, financial support, and fairness in education, pointing out advancements alongside ongoing obstacles in delivering mandatory elementary schooling for kids between 6 and 14 years old.
Importance of the RTE Act, 2009
The RTE Act of 2009 brings to life Article 21A of India’s Constitution by establishing education as a basic entitlement for children aged 6 to 14. Effective from April 1, 2010, it requires the provision of free elementary education in local schools, bans extra fees, admission tests, physical discipline, and extra classes by educators, while defining standards for student-teacher balances, building requirements, and teaching plans. A key feature is the allocation of 25 percent spots in private non-aided institutions for children from economically weaker sections and underprivileged backgrounds, promoting integration across social divides.
Implementation of the Right of children to free and compulsory education act, 2009: Where do we stand? Status Report 2024 by Council for Social Development, New Delhi
This legislation seeks to narrow divides caused by social and economic factors, boost the nation’s workforce capabilities, and support overall child growth, in line with state policy directives. By making education enforceable through bodies like the National Commission for Protection of Child Rights, it strengthens vulnerable groups, curbs child work, and advances equal opportunities for boys and girls – vital for harnessing India’s young population and fostering long-term progress. Ultimately, the RTE Act stands as a mechanism for fairness, striving to make quality learning available to everyone and breaking down obstacles rooted in deprivation and bias.
Major Findings of the Study
| Category | Key Findings | Source (Page/Table/Figure) |
|---|---|---|
| Access and Enrolment | Net enrolment ratio stands at 88% for primary, 71% for upper primary, 48% for secondary, and 34% for higher secondary levels; significant numbers of out-of-school children persist, particularly in states like Uttar Pradesh and Bihar. | Figure 1.6 (14), Table 1.2 (11) |
| Retention and Dropout | Primary retention rate improved from 74% in 2009-10 to 95.4% in 2021-22; dropout rates have declined overall but remain a concern at higher levels, with questions on data reliability post-pandemic. | Figure 1.5 (13), Figure 1.7 (15), Table 1.3 (12) |
| Budget and Funding | Allocations for Sarva Shiksha Abhiyan (now under Samagra Shiksha Abhiyan) fell short, with only 40.8% of planned outlay in the 12th Plan; recent budget includes Rs. 37,500 crores shared across states. | Table 1.4 (16), Page 28 |
| Infrastructure Norms | Over 90% of schools have functional toilets and drinking water, but playgrounds and libraries show partial progress; overall compliance remains incomplete after 15 years. | Table 1.5 (26), Page 38 |
| Teacher Indicators | Pupil-teacher ratio at elementary level is 25:1; vacancies persist at 20-30%, with increasing contractual appointments and varying in-service training rates. | Table 1.6 (32), Page 44 |
| Equity and Inclusivity | Implementation of 25% quota for economically weaker sections in private schools faces challenges, often remaining unfulfilled; issues like corporal punishment continue despite prohibitions. | Case Study Delhi (57-75), Page 31 |
| Other Concerns | National RTE compliance is only 25.5% as of 2022; private schools resist norms, with low adherence in some states. | Page 31, Summit Proceedings (71-87) |
Implications Towards Universal School Education by 2030
Universal school education by 2030 aligns with SDG 4: ensuring inclusive, equitable quality education for all, including free primary/secondary completion and lifelong learning. The report’s findings imply significant hurdles for India: declining NER and dubious retention post-COVID signal reversal in access gains, potentially leaving 10-15 million children out-of-school, far from SDG 4.7 (skills for sustainable development). Infrastructure gaps (e.g., <90% functional facilities) and teacher shortages undermine learning outcomes, with ASER reports showing 50% Class 5 children unable to read Class 2 texts – exacerbating inequality for girls, SC/ST, and rural youth. Funding shortfalls (0.5% GDP) limit scaling, risking non-attainment of targets like gender parity (achieved in enrolment but not completion) and vocational skills. Positively, RTE’s EWS quota could drive equity if enforced, but commercialization and unrecognized schools (affecting 20% private institutions) fragment the system, hindering a common school model. Without reforms, India may miss 2030 goals, perpetuating poverty cycles and unequal growth
Follow-Up Initiatives
To overcome identified issues, the report suggests several actions: bolstering oversight through commissions and school committees with digital tools; raising education spending with protected funds and regular checks; reforming teacher recruitment and training to eliminate gaps; involving communities in monitoring and awareness efforts; adapting strategies to state needs, such as piloting unified schooling; and conducting yearly reviews by civic groups.
To address gaps, urgent initiatives include:
• Enhanced Monitoring: Strengthen NCPCR/SDMC roles with digital dashboards (UDISE integration) for real-time compliance tracking.
• Funding Boost: Increase education budget to 6% GDP, with ring-fenced RTE funds and audits to curb delays/diversions.
• Teacher Reforms: Mandatory training via DIETs, fill vacancies via TET, and ban contractualisation.
• Community Engagement: Empower SMCs for local oversight, with awareness campaigns on rights.
• State-Specific Interventions: Scale successful models like Karnataka’s inclusivity programs; pilot common schooling in Bihar/Jharkhand.
• Research and Advocacy: Annual RTE audits by civil society, linked to platforms like educationforallinindia.com for data sharing.
How Best Samagra Shiksha Provisions be Used
The Samagra Shiksha Abhiyan, which incorporates previous schemes, supports RTE by focusing on equity and quality from pre-school to higher levels. Optimal use involves tailored state plans prioritizing underperforming areas, unified systems for smooth adherence like random selections for weaker sections, technology for tracking facilities, training programs for committees and officials, and linking funds to quota enforcement. This approach could aim for near-full enrolment if monitored regularly.
Samagra Shiksha, the integrated scheme for school education (2021-26), aligns RTE with NEP 2020 by covering pre-school to secondary, emphasizing equity and quality.
To optimize provisions:
• Decentralized Allocation: Use PAB approvals for state-specific plans, prioritizing low-NER districts with 70% funds for infrastructure/teacher training.
• Holistic Integration: Merge SSA, RMSA, and Teacher Education into one portal for seamless RTE compliance (e.g., no-screening via lotteries for EWS).
• Tech-Enabled Monitoring: Leverage UDISE+ for geo-tagged audits, ensuring 100% functional toilets/ramp by 2026.
• Capacity Building: Annual workshops for SMCs/DEOs on anti-punishment guidelines, with ₹10,000 crore for digital equity.
• Equity Focus: 25% EWS enforcement via incentives for private schools, tied to Samagra funding. This could achieve 95% NER by 2030 if audited quarterly.
Why there is no compliance of RTE even after so many years?
Despite over a decade, adherence remains low at 25.5% nationally due to insufficient funding and delays, weak enforcement of penalties for violations like fees or punishment, resistance from private institutions, socio-economic factors increasing dropouts, and policy overlaps lacking coordination.
• Funding Constraints: Chronic under-allocation (70% of outlay) and delays (112-373 days) divert resources, as per CAG audits.
• Enforcement Gaps: Weak NCPCR/SDMC oversight; fines for capitation/corporal punishment rarely imposed amid cultural acceptance and profit motives in private schools (30% non-compliant).
• State Resistance: Circumvention via unrecognized schools (20% private) and commercialization; NEP 2024’s flexibility dilutes RTE rigor. [0] [3] [4] [5] [7] [8]
• Socio-Economic Barriers: Post-COVID dropouts from migration/labour; rural-urban divides ignore neighbourhood norms.
• Policy Fragmentation: Overlap with NEP/Samagra without synergy leads to diluted accountability.
Concluding Observations
The 2024 report reveals progress in access but highlights deficiencies in quality and inclusion, posing risks to educational goals. It underscores the Act’s role in fostering an equitable society and calls for renewed efforts in funding, oversight, and reforms to fulfil the vision of education for every child.
Suggested Readings
• Council for Social Development (CSD). (2024). Implementation of the Right of Children to Free and Compulsory Education Act, 2009: Where Do We Stand? Status Report 2024.
• CRY India. (2024). What is the Right to Education Act & Its Importance.
• Bal Raksha Bharat. (2025). Right to Education in India: Importance & Responsibilities Under RTE.
• Right to Education India. (n.d.). The Right of Children to Free and Compulsory Education Act – RTE.
• Bar Council of India. (2024). Implementation of Right to Education Act 2009.
• Broken Chalk. (n.d.). The Right to Education Act in India: Success and Challenges.
• Illustrated Daily News. (2025). The Impact of the Right to Education Act: Progress and Challenges in 2024.
• Social Studies Journal. (2024). Right to Education: Challenges and Opportunities.
• Education for All in India. (2025). Unrecognized Schools in India: A Barrier to Achieving Education for All.
• The Hindu. (2024). Many Children Remain Out of School Despite RTE Act: Report.
• ForumIAS. (2024). The Right to Education Act: Challenges and Implementation Issues.
• Samagra Shiksha UP. (n.d.). RTE (Right to Education).
• Ministry of Education, GoI. (2020). An Integrated Scheme for School Education – Samagra Shiksha.
• Lok Sabha. (2025). Government of India Response on RTE Implementation.
• RIS. (n.d.). Achieving SDG 4 in India: Moving from Quantity to Quality.
• Times of India. (2025). India’s Education Faces Challenges in SDG-4 Targets.
• Education International. (2024). Achieving SDG4 and Getting More Girls into Education.
