The ABC of the RTE

Free and compulsory education of children in the 6 to 14 age group in India became a fundamental right when, in 2002, Article 21-A was inserted in the 86th Amendment to the Constitution. This right was to be governed by law, as the state may determine, and the enforcing legislation for this came eight years later, as the Right of Children to Free and Compulsory Education (RTE) Act, 2010, or the RTE Act.

We belive that the RTE Act is a game-changer in that it establishes that the onus to ensure free and compulsory education lies on the state. However, the ‘compulsory’ and ‘state liability’ part needs to be imbibed by the educational bureaucracy, which is now lacking.

Loopholes in the RTE

All these clauses look very promising on paper, but for numerous reasons they hardly materialize. There are several schools that do not follow the rule laid down by the government. All the states allocate funds to make sure that they abide by the 25% rule or the schools are promised that the fees will be reimbursed at the end of the year once they have admitted the EWS children. However, there are various discrepancies in the implementation of RTE Act.
According to the statistics produced by the District Information System for Education (DISE), The percentage of total enrollment in private school (Classes I-V) 2013–2014 is 61% only. The number of seats expected to be reserved for Grade I under the 25 percent quota in private schools, according to the government estimates is 59,932 whereas the number of seats expected to be reserved for Grade I under the 25 percent quota in private schools [calculated from DISE 2013–14 without exempting minority institutions] is 1,79,777. The number of reserved seats filled in academic year 2013–14 is just 18,946. Only 32 percent of seats has been filled for the current academic year (2013–14) under this quota.
RTE Dentention Policy
The RTE detention policy was a topic that was debated throught the first session of the CRESI.
The Lok Sabha passed The Right of Children to Free and Compulsory Education (Second Amendment) Bill in 2017 which allows detention of school students in class 5 and 8. Human Resource Development Minister Prakash Javadekar moved the bill which proposed the amendment seeking revocation of ''no detention'' policy in classes 5 and 8, enabling states now to allow schools to fail the child if he/she fails in either or both classes and withhold their promotion to the next standard.
The original RTE Act draft which came into force on April 1, 2010 -- stipulated that no child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.
Success Story of the RTE
Despite the flaws of the RTE Act, it has accomplished its essential goals:
The RTE Act is primarily for providing education to the under-privileged children, and as it requires no schooling cost, parents are sending their kids to schools without any burden.Today, approximately 35 million to 60 million children are not in schools. As the Act promises education to be provided to every child, there is a possibility of a massive increase on the literacy rate of India. Along with education, employment of teachers and staffs also seem to increase.India has almost 19% of the world’s children and is ranked as third in the count of illiteracy. The RTE Act is an exercise to increase this rank and move towards an educated India, starting with educating the youth.
A law is as good or as bad as its implementation. It is unfair to blame legislation alone for the sad state of affairs without implementing it in full measure, especially its enabling provisions. Open-minded adoption of these provisions, keeping the child in mind, can go a long way in radically transforming our school education sector.

(Opinionated Editorial) - The Hindu
CRESI


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