The Child Rights for Free and Compulsory Education Act or The Right to Education Act ( RTE ) is the Indian Parliament Act passed in August 4, 2009, which illustrates the modalities of free and compulsory education for children between the ages of 6 to 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the law came into effect on April 1, 2010. The RTE Law Title includes the words 'free and compulsory'. 'Free education' means that no child, other than a child who has been received by his or her parents to a school not supported by the appropriate Government, shall be liable to pay any fees or fees or fees that may prevent him from pursuing and completing primary education. 'Compulsory education' provides an obligation to the appropriate Government and local authorities to provide and ensure the acceptance, attendance and completion of primary education by all children in the age group of 6-14. With this, India has moved forward to a rights-based framework which provides legal obligations to the Central Government and the State to apply this child's basic rights as set forth in Article 21A of the Constitution, in accordance with the provisions of the RTE Law.17.
Video Right of Children to Free and Compulsory Education Act, 2009
History
The Present Act has a history in the drafting of the Indian constitution at the time of Independence but more specifically for the 2002 Constitutional Amendment which included Article 21A in the Indian constitution which makes Education a fundamental Right. This amendment, however, stipulates the need for legislation to describe the same method of application that requires the drafting of a separate Education Bill. This is the 86th amendment to the Indian Constitution
The draft bill of draft laws was prepared in 2005. This caused controversy because of the mandatory requirement to provide a 25% reservation for disadvantaged children in private schools. The Sub-Committee of the Central Advisory Education Council preparing the draft of the bill provides this provision as an essential prerequisite for the creation of a democratic and egalitarian society. The Indian Law Commission initially proposed a 50% reservation for disadvantaged students in private schools.
On May 7, 2014, the Supreme Court of India ruled that the Right to Education Act does not apply to Minority institutions.
Maps Right of Children to Free and Compulsory Education Act, 2009
Passage
The bill was approved by the cabinet on July 2, 2009. Rajya Sabha passed the law on July 20, 2009 and Lok Sabha on August 4, 2009. Received the President's approval and was notified as a law on August 26, 2009 as the Right of the Child to Free and Compulsory Education Act. The law came into force across India except the state of Jammu and Kashmir from 1 April 2010, the first time in India's history of law enacted by the speech of Prime Minister Manmohan Singh. In his speech, Dr. Singh stated, "We are committed to ensuring that all children, regardless of gender and social category, have access to education.The education enables them to acquire the skills, knowledge, values ​​and attitudes necessary to be responsible and active citizens India. "
The RTE law regulates children's right to free and compulsory education until completion of basic education in an environmental school. This explains that 'compulsory education' means the appropriate governmental obligation to provide free primary education and ensures mandatory acceptance, attendance and completion of primary education for each child in the age group of sixteen to sixteen. 'Free' means that no child may be charged or at any cost or expense that may prevent them from pursuing and completing basic education.
It makes provision for children who are not accepted for admission in an age-appropriate class.
It determines the duties and responsibilities of the appropriate Government, local authorities and parents in providing free and compulsory education, and the sharing of financial and other responsibilities between the Central and State Governments.
It sets norms and standards relevant to the ratio of student teachers (PTRs), buildings and infrastructure, school-day work, teacher work hours.
It provides teacher placement rationally by ensuring that the pupil teacher ratios are preserved for each school, rather than just as an average for the State or District or Block, thereby ensuring that no urban-rural imbalance in teacher posts. It also provides for the prohibition of teacher deployment for non-educational work, apart from a ten-year census, elections to local authorities, state and parliamentary legislatures, and disaster relief.
This provides for the appropriation of properly trained teachers, ie teachers with required entries and academic qualifications.
It prohibits (a) physical punishment and mental abuse; (b) screening procedures for admission of children; (c) the cost of capitation; (d) private school fees by teachers and (e) non-recognition of schools.
It provides for curriculum development in accordance with the values ​​enshrined in the Constitution, and which will ensure the overall development of the child, build the knowledge, potential and talent of the child and make the child free of fear, trauma and anxiety through a child-friendly and centralized learning system in children.
Working
What is this Law about?
Children's Right to Free and Compulsory Education Act 2009 is about children's right to education. This ensures that all children receive free education from grade 1 to grade 8. To achieve this, the Act sets out some tasks for government, schools, teachers and parents.
The law also contains rules on student-teacher ratios, teacher vacancies, penalties for screening tests and punishment of children.
Does the Act apply to all children?
This law applies only to children between the ages of 6 and 14. However, children who are over 14 years old but have not been able to attend school until grade 8, may receive free education until grade 8 under this Act.
How does this Act help children?
- All children between the ages of 6 and 14 can get free education from grade 1 to grade 8, in nearby government schools or aid schools.
- Children who have never gone to school or dropped out of school can return to school. They will get admission tickets in classes appropriate to their age.
- Children who are poor or underprivileged in some way can get free education up to 8th grade in private schools.
- Children must be given entrance tickets at school even if they do not have documents such as transfer certificates and proof of age.
- Children can not be forced to give tests to be accepted at school.
- Children should not be asked to leave school or be forced to repeat the class, until they finish grade 8.
- It is illegal to beat or harass a child.
Why is the word 'mandatory' used?
The word 'mandatory' means that it is mandatory for the government to provide free education to all children. That does not mean it is mandatory for parents to send their children to school.
How does a child get free education at a private school?
- Children from 'disadvantaged groups' and 'weaker sections' can get free education in private schools. These terms are described below.
- Every private school must save 25% of its seats in grade 1 for children from 'disadvantaged groups' and 'weaker sections'.
- Schools should provide free education to these children up to grade 8.
Please note that the Central and State/UT Governments have issued regulations that may contain additional requirements or modifications to be followed by the school.
Highlights
The law makes education a fundamental right of every child between the ages of 6 and 14 and determines the minimum norm in primary school. This requires all private schools (excluding minority institutions) to reserve 25% of seats for the poor and other categories of children (to be replaced by the state as part of a public-private partnership plan). Children are admitted to private schools based on caste-based reservations. See Page 9 and Item 4 of this Document. This also prohibits all unknown schools from practice, and makes provisions without the cost of donations or capitation and no child or parent interviews to enter. The law also states that no child should be detained, expelled, or required to pass a board exam until the completion of primary education. There are also provisions for special training drop-out schools to bring them on a par with students of the same age.
The RTE action requires a survey that will monitor all environments, identify children in need of education, and prepare facilities to provide them. World Bank education specialist for India, Sam Carlson, has observed:
- The RTE law is the first law in the world that places the responsibility to ensure registration, attendance and settlement to the Government. It is the responsibility of parents to send children to schools in the US and other countries.
The right of education of persons with disabilities to the age of 18 is established under a separate law - the Persons with Disabilities Act. A number of other provisions on improving school infrastructure, teacher-student ratios and faculty are made in the Act.
Implementation and funding
Education in the constitution of India is a common problem and both the center and the state can regulate this issue. The law sets out specific responsibilities for central, state and local bodies for their implementation. The states have been shouting that they do not have the financial capacity to provide proper standard education in all schools required for universal education. So it is clear that the central government (which collects most of the revenue) will be asked to subsidize the states.
A committee set up to study funding and funding requirements initially estimated that Rs 1710 billion or 1.71 trillion (US $ 38.2 billion) over five years was required to implement the Act, and in April 2010 the central government agreed to share the funds to enforce laws in the 65 to 35 ratios between the center and state, and a ratio of 90 to 10 for the northeastern states. However, by mid-2010, this figure was increased to Rs. 2310 billion, and the center agreed to raise its share to 68%. There is some confusion in this regard, with other media reports stating that the central part of the implementation fee will now be 70%. At this level, most states may not need to substantially increase their education budget.
An important development in 2011 is a decision taken principally to extend the right to education until Class X (age 16) and into the preschool age range. The CABE committee is in the process of looking for the implications of making this change.
Advisory Board on Implementation
The HRD Ministry established a high-level National Advisory Council (NAC), which has 14 members for the implementation of the Act. The members include
- Kiran Karnik, former president of NASSCOM
- Krishna Kumar, former director of NCERT
- Mrinal Miri, former vice-chancellor of North-East Hill University
- Yogendra Yadav - social scientist. India
- Sajit Krishnan kutty Secretary of Educators Helps Children's Hope (TEACH) India.
- Annie Namala, an activist and head of the Center for Social Equality and Inclusion
- Aboobacker Ahmad, vice president of the Muslim Educational Society, Kerala.
Implementation status
A report on the status of implementation of the Act was released by the Ministry of Human Resources Development on the one year anniversary of the Act. The report recognizes that 8.1 million children in the 6-14 age group remain out of school and there are 508,000 teachers across the country. A shadow report by the RTE Forum, representing a leading education network in the country led by Ambarish Rai (a leading activist), however, challenges findings that show that some of the major legal commitments fall behind schedule. (Http://www.rteforumindia.org/) The Indian Supreme Court has also intervened to demand the implementation of the Act in the Northeast. It also provides the legal basis for ensuring salary parity between teachers in government and government-assisted schools
The Haryana Government has assigned the task and responsibility to Block Officers of Basic Education Resources Coordinators (BEEOs-cum-BRCs) for the effective implementation and ongoing monitoring of the implementation of the Law on the Right to Education in the State.
Precedent
It has been shown that RTE actions are not new. Universal adult franchise in the law is opposed because most of the population is illiterate. Article 45 of the Indian Constitution is constituted as an act:
- The State shall endeavor to provide, within ten years from the commencement of this Constitution, to free and compulsory education for all children until they have completed the age of fourteen.
Since the deadline was to be passed a few decades ago, the then education minister, M C Chagla, said:
In the 1990s, the World Bank funded a number of steps to establish schools accessible to rural communities. This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s. RTE takes further process, and making enrollment of children in schools is the prerogative of the country.
Criticism
The action has been criticized for being rushed, not consulting with many groups active in education, not considering the quality of education, violating the rights of private schools and religious minorities to manage their systems, and to exclude children under the age of six year. Many ideas have been seen as continuing the Sarva Shiksha Abhiyan policy of the last decade, and the World Bank-funded District Main Education Program, DPEP, in the 90s, both of which, when it has established a number of schools in rural areas, have been criticized for being ineffective and full of corruption.
The quality of education provided by the public school system is not good. While remaining the largest provider of basic education in the country, forming 80% of all recognized schools, it suffers from a shortage of teachers and infrastructure. Some residences have no school at all. There are also frequent allegations of government schools filled with absenteeism and mismanagement and designations made for political comfort. Despite the free lunch appeal in government schools, many parents send their children to private schools. The average salary of school teachers in private rural schools in some countries (about Rs.4,000 per month) is much lower than in public schools. As a result, advocates of low-cost private schools criticized state schools as poor value for money.
Children who go to private schools are considered beneficial, forming discrimination against the weakest part forced to go to public schools. Furthermore, the system is criticized for serving the rural elite who can afford to pay tuition in a country where large numbers of families live in absolute poverty. The act has been criticized as discriminatory for not addressing these issues. Renowned educator Anil Sadagopal said of the hastily designed action:
- This is a fraud on our children. It does not provide free or compulsory education. In fact, this only legitimizes the multi-layered, low-grade school education system in which discrimination will continue.
Employers Gurcharan Das noted that 54% of urban children attend private schools, and this rate grows by 3% per year. "Even poor children leave government schools, they leave because the teachers do not show up." However, other researchers have replied to the argument by saying that evidence for higher quality standards in private schools often disappears when other factors (such as family income and parental literacy) are taken into account.
Public-private partnerships
To address this quality issue, this Act has provisions to compensate private schools for the acceptance of children under the 25% quota that has been compared with school vouchers, where parents can "send" their children to the school where too, both private and public. This step, along with improvements in PPP (Public Private Partnership) has been seen by organizations such as the All-India Forum on the Right to Education (AIF-RTE), as the country releases its "constitutional obligations to provide basic education".
Violations in private schools
The Community for Private Schools Assisted, Rajasthan (in Petition Writing (Civil) No. 95 of 2010 ) and as many as 31 others petitioned the Indian Supreme Court which claimed that such action violating the constitutional right of private management to run their institutions without government interference. The parties claim that providing 25 percent of bookings for disadvantaged children in government and private schools without assistance is "unconstitutional."
Forcing schools that do not attend school to accept 25% of disadvantaged students has also been criticized on the grounds that the government has transferred some of its constitutional obligations to provide free and compulsory primary education for children to "non-state actors," such as private schools , while collecting 2% cess on the total tax owed for basic education.
On 12 April 2012, three judges in the Supreme Court submitted their assessment with a 2-1 majority. Supreme Court Justice SH Kapadia and Judge Swatanter Kumar stated that providing such reservations was not unconstitutional, but stated that the Act would not apply to private minority private boarding schools and schools. However, Judge K. S. Panicker Radhakrishnan disagrees with the views of the majority and argues that the Act can not apply to minority and non-minority private schools that do not receive government assistance.
In September 2012, the Supreme Court later rejected a review petition against the Act.
In May 2016, the Chetpet-based school of Chetpet Maharishi Vidya Mandir became involved in a scandal over a 25% quota rule violation. During the admissions cycle, the school told the economically weaker parents "RTE does not exist," and, "we did not take this [RTE] app." The senior principal also told the Tamil Nadu Regional Director about CBSE that he intended to "reject applicants without an email address," thus excluding technically illiterate parents from seeking admission. In addition, school officials falsified the distance figures of some poor candidates in an attempt to disqualify them from availing the scheme.
Barrier for orphans
The law provides for the acceptance of children without certification. However, some states have proceeded with pre-existing procedures and insist that children produce certificates of income and caste, BPL cards and birth certificates. Orphans often can not produce such documents, even if they are willing to do so. As a result, schools do not recognize them, because they require documents as a condition for admission.
References
External links
A simple explanation of the Law
Source of the article : Wikipedia
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