Overview of Right of Children to Free and Compulsory Education Act, 2009
Right of Children to Free and Compulsory Education Act, 2009: Overview
1. Background and Constitutional Context
The Right of Children to Free and Compulsory Education Act, 2009 is an important social legislation aimed at ensuring education for all children.
The Act operationalizes Article 21A of the Constitution, inserted by the 86th Constitutional Amendment Act, 2002, which made education a fundamental right for children aged 6 to 14 years.
The Act came into force on 1st April 2010.
2. Objective
To provide free and compulsory education to all children in the age group of 6 to 14 years.
Ensure that every child has access to quality elementary education.
Prevent dropouts and promote universal enrollment in schools.
3. Key Provisions
Free Education: No child shall be charged any kind of fee or expenses that may prevent them from attending school.
Compulsory Education: The responsibility lies with the government and parents to ensure children attend school.
Infrastructure: Schools must have adequate infrastructure, trained teachers, and proper learning materials.
Curriculum and Evaluation: The curriculum should be child-centered, and evaluation should be non-discriminatory and promote learning.
Teacher Qualifications: Teachers should be professionally trained as per the norms.
Admission: Private schools must reserve 25% of seats for children from economically weaker sections (EWS) and disadvantaged groups, with expenses reimbursed by the government.
Monitoring: State Commissions for Protection of Child Rights and other authorities monitor implementation.
Prohibition on Detention: No child can be held back or expelled until the completion of elementary education.
Special Focus: Children with disabilities and marginalized groups receive special attention.
4. Applicability
Applies to all schools including government, government-aided, and private schools.
However, it excludes schools run by the Defense or paramilitary forces.
5. Implementation Mechanism
States have the responsibility to set up Schools Management Committees (SMCs) involving parents and community members.
The Act mandates the central and state governments to allocate sufficient budget for education.
The Act empowers the government to frame rules and regulations to ensure smooth functioning.
6. Important Case Law
6.1 Mohini Jain v. State of Karnataka (1992)
Though predating the RTE Act, this landmark judgment held that the right to education is implicit in the right to life under Article 21.
The Court struck down capitation fees in professional colleges, emphasizing education as a fundamental right.
6.2 Unnikrishnan J.P. v. State of Andhra Pradesh (1993)
The Supreme Court further elaborated that the state must provide free education up to the age of 14 years.
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