The Right of Children to Free and Compulsory Education Act, 2009

In August 2009, Parliament passed the historic Right of Children to Free and  Compulsory Education (RTE) Act, 2009. The new law must be seen from the  perspective of children. It provides a justiciable legal framework that entitles  all children between the ages of 6-14 years to an education of reasonable 

quality, based on principles of equity and non-discrimination. It provides for children’s right to free and compulsory admission, attendance and completion  of elementary education. More importantly, it provides for the child’s right to  education that is free from fear, stress and anxiety. There are several provisions in the Act, including for example, provisions prohibiting corporal  punishment, detention and expulsion which need to be fore-fronted to ensure  that we move towards a system that, as the National Policy on Education 

states, provides ‘a warm, welcoming and encouraging approach for children  to learn’ (NPE, 1986/92). The most important aspect, however, is to ensure  that the teaching-learning process is free from stress and anxiety (Sec. 29),  with obvious implications for curricular reform. Testing and school grading 

systems need to be reviewed to motivate children to deepen and widen their  learning. The RTE Act also lays down the responsibilities of teachers. Teacher  accountability systems would need to ensure that children are learning and that  their right to learning in an environment that is free from stress and anxiety is not violeted.

The RTE Act provides for: 

(i) The right of children to free and compulsory education till completion of elementary education in a neighbourhood school. 

(ii) It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure  compulsory admission, attendance and completion of elementary  education to every child in the six to fourteen age group. ‘Free’ means  that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary  education. 3 

(iii) It makes provisions for a non-admitted child to be admitted to an age appropriate class. 

(iv) It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.

(v) It lays down the norms and standards relating to, inter alia, Pupil Teacher Ratios (PTRs), buildings and infrastructure, school working days, teacher working hours. 

(vi) It provides for rational deployment of teachers by ensuring that th