“The Right Of Childern To Free & Compulsary Education Act”(RTE) is the act complete??????

Right to education is an enabling right. It is entirely different from other rights because education creates a voice through which rights can be claimed and protected. Education sector is one of the important sectors that have been neglected in India. The gross neglect in education sector shows India’s educational backwardness, with about half of India’s children still not going to school and out of those who do go to school, about half drop out before reaching Vth standard by the age of 11 or 12.

In Part IV, Article, 45 of the Constitution which contains the Directive Principles of State Policy on provision for free and compulsory education, has laid down that the State shall endeavor to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of fourteen years. For about six decades since the Constitution came into force, the State did not act on this important provision.

At the time of independence India’s population was 30 crores and 14 % people were educated but now we are a thriving nation of more than 100 crores and 65% of the population is educated. This is a big growth for a developing country like India wherein out of 100 crore people, 60- 65 crore people are educated as per 2001 census.

According to Hon. Minister for Human Resource Development, Shri. Kapil Sibbal, the national average will be more than 74 to 75 % by 2011, which has led to the creation of an Act called “The Right Of Childern To Free & Compulsary Education Act”.

In 1993, there was a judgment by Hon. Justice Shri. Unnikrishnan saying that one of the human rights of a child is right to get proper and quality education. This refers to children aged 6 to 14 years.

This is one of the duties of the government so the question arises as to why it took so long for the government to realize this. It was in 2001 during NDA Government regime that there was a constitutional amendment to art. 21

The most important question on which the government should introspect is whether the Right Of Children To Free & Compulsory Education Act is good enough to achieve this goal?

The act states provisions for:
Free and compulsory education of children Special provisions for children, who have not been admitted to schools or not completed their schooling.
Duties of central government, appropriate government.
The responsibilities of parents or guardians, teachers, schools regarding admission procedure and attendance.
Transfer in schools.
Provisions for curriculum and,
Protection of the rights of the children, etc.




Although the act provides for above-mentioned points, after going through this act anyone will obviously feel that there are many things that have still been overlooked in the act. The act is incomplete and vague. The following provisions need to be elaborated and explained in detail:

The act talks about free and compulsory education from the age group of 6 to 14 years but the point to be discussed here is there in no provision for pre- school education (3 to 6 years). If the children are not given proper pre-school education i.e. education for children aged from 3 to 6 years then elementary education is meaningless. “When the base is not strong the structure won’t last for long”.

The fact that the government has woken up so late still the most scowling shortcoming as regard to the qualification of the teachers is that B. Ed should be the minimum qualification for the teachers which is not adequately stated in the act. As above-mentioned, the monitoring authority for admission procedure and attendance should consist of teaches and parents.

Similarly, to check the punctuality and regularity of the teachers a committee can be constituted consisting of students representatives and parents.

There is a provision wherein a child is given admission to the standard as per his or her age. However, if a child has failed or cannot make up with the curriculum of the standard he is promoted to, and then it is of no use admitting that child in that class according to his or her age.

Government should make some provisions for special training for such children and should not admit or promote them to a higher class unless and until the child has passed the final examination of lower standard.

There was mention of monitoring authority for admission procedures and attendance of the students by few members in the Lok Sabha. The monitoring authority can consist of teachers and parents or guardians.

Extra curricular activities like music, painting, sports etc. should be given importance.

Some members in the debate correctly pointed out that special provisions for the students of weaker sections and those with disabilities of various kinds in regard to transport, food and educational facilities should be put in place and be monitored to attain maximum efficacy.

There is no mention of history in the act. National and Regional history should be a compulsory subject which will help students to know and understand the glorious past of their state and country. Distorted history should not be taught in schools, which can hamper or dilute national integrity.












Therefore, a few examples mentioned above, raise questions in our minds:
Will this Act help India to grow rapidly in the educational sector as stated by Hon. Union Minister for Human Resource Development?

Is this Act complete and clear?

Is this an honest step or just a step towards popularism?


Siddesh Shripad Naik