Standardizing Instruments of UNESCO (United Nations Educational, Scientific
and Cultural Organization) and united nation put forward the legal obligation
and framework for the right to education. These instruments promote and
facilitate the right of every person to enjoy and access to education of good
quality, without discrimination or exclusion. Member states and the
international community are the supporting witness of the normative action for
accepting the right to education.
There is the duty of the government to fulfill their responsibility for
providing both legal and political obligations in regards for providing
education for all of good quality and execute and be vigilant for the
implantation of more effectively education strategies.
To put an end to this disastrous and worrisome trend, the Government of India
put forward the Right to free and Compulsory education (RTE) Act making
education a basic and fundamental right of all the children in the age group of
6 to 14 years. The right to education is a universal entitlement to education.
This is recognized as a human right in International Covenant on Economic,
Social and Cultural Rights that includes right to free and compulsory education
primary education for all with an commitment to make secondary education
accessible to all, precisely by the progressive introduction of free and
accessible secondary education as well as with to develop equitable access to
higher education similarly by the progressive introduction of free higher
The Right to education also includes a duty to provide basic education for
individuals who have not complete primary education. Apart from these access to
education provisions, the right to education circumscribe the obligation to
remove the discrimination at all the levels of the educational system also to
fix the minimum standards and to improve the quality of education.
In its scientific sense, education is the process by which society knowingly
transmits its cumulated skills, knowledge and value from generation to
generation. Education in the broadest sense is any experience or act that has
developing effect on the mind, character or ability (physical) of an individual.
"I beg to place the following resolution before the council for its
consideration��.the state should accept in this country the same responsibility
on regards to mass education that government of most civilized countries are
already discharging. The well being millions upon millions of children who are
waiting to be brought under the influence of education depend on it�.."
The above words are part of resolution which Gopal Krishna Gokhale used to move
the imperial Legislative council on 18th March 1910for seeking provisions of
"Free and Compulsory Primary education" in India. This initiative was not
enacted; the central reason for this is lack of resources and enforcement.
In 1937 Mahatma Gandhi the father of our nation was compelled to give riveting
call for universal education, as the situation was becoming worsen over the
years. More recently "The right of children to free and compulsory education
Act,2009"was passed on 26th august,2009. Except the state (which now become the
union territory) Jammu and Kashmir it was extended to whole of India. According
to the latest 77th round NSSO in January 2019 the literacy rate among the
population with age 7 year and above was 77.7%.
There is great improvement although the level is still behind the average
literacy rate of 84%. It was estimated by the scientists that if India would go
with this pace it would take 2060 to achieve universal literacy. The fastest
ever record was indicated in the 2001 census in the 1991-2001 decadal with the,
literacy growth of 12.63%.
The educational system which India inherited at the time of independence was not
only quantitatively small but also identify by striking gender and regional
disparities. Only one of the three children enrolled in primary school. Hence
the challenge was to to provide primary and elementary education within a set
Accordingly, by Article 45 of the Indian constitution there is universal
education for all children in the 6-14 year age group. There is also specific
obligation for economic and educational interests of the under privileged
section of the population. But these provisions are still neglected and
unfulfilled. An ambitious program named "Sarva Siksha Abhiyan
" was seen
as government commitment to ensure elementary education for all children aged
By 86th amendment in December 2002 Free and compulsory education was made a
fundamental right under article 21A of the Indian constitution. In bringing to
this in the year 2005 'Right of children to free and compulsory education bill'
is drafted. In august 2009 this was revised and became an act in august 2009,
but was enforced from 1st April 2010. Large number of drop-out children and
out-of the school children (around a crore in the beginning) will get benefited.
Right To Education Act, 2009
Article 21-A, which states that all children between the ages of six and
fourteen have the fundamental right to free and compulsory education, was added
to the Indian Constitution by the Constitution (Eighty-sixth Amendment) Act of
2002. Every child has the right to a full-time elementary education of
satisfactory and equitable quality in a formal school that complies with certain
fundamental norms and standards, according to the Right of Children to Free and
Compulsory Education (RTE) Act, 2009, which represents the consequential
legislation anticipated under Article 21-A.
The RTE Act and Article 21-A both went into force on April 1, 2010. The words
"free and compulsory" are part of the RTE Act's title. According to the
definition of "free education," no child-aside from a child whose parents have
allowed him or her to enrol in a school that is not financially supported by the
relevant government-shall be required to pay any kind of fee, charge, or expense
that might prevent him or her from pursuing and completing elementary education.
The term "compulsory education" imposes a duty on the relevant local and state
governments to provide and guarantee elementary school enrollment, attendance,
and completion for all children aged 6 to 14.
Issues and Challenges before RTE Act:
- Age cap 6-14 years why not 0-18 years
Only kids between the ages of 6 to 14years of age are eligible for the
rights under the law. Despite the fact that India has signed the U.N.
charter, which explicitly specifies that free education should be made
mandatory for all children up to the age of 18, it excludes younger children
(under the age of 6) and older ones (14�18). Critics counter that while the
next four years of adolescence are as crucial to a child's maturation
process, the years from 0 to 6 are the most delicate and important in a
child's development and that stopping at 14 means abandoning the task before
it has even begun. For a person to live at least a minimally respectable
life, education up to the age of 14 is in no way sufficient.
RTE law excludes children with special needs (CWSN) Incorrectly referred to as children with special needs, the Right to
Education Act of 2009 makes no provisions for providing education to
children with disabilities (CWSN). Children with special needs make up the
largest out-of-school population in India, despite the Right to Education
Act of 2009's promise of ensuring universal access to education. The UN
Convention on the Rights of Persons with Disabilities, which was ratified by
India in October 2007, states that "State parties shall ensure that persons
with disabilities are not excluded from the general education system on the
basis of disability and that children with disabilities are not excluded
from free and compulsory primary education or from secondary education on
the basis of disability."
Situation of low-income students in private schools Children from disadvantaged backgrounds can now attend private schools
thanks to the RTE Act of 2009. But, the administrators of private schools
pose the most problem. When these underprivileged kids enrolled in the
private education the kids will abruptly exposed to a new quality of living.
Then important questions like Will their teachers and classmates treat them
equally and with respect? Will the poor youngsters' ability to handle this
wills not be traumatising? arises. What about the additional costs of
attending a private school, such as uniform, books, stationery, etc.?
The likelihood is great that parents themselves would experience
intimidation at the idea of enrolling their children in private schools.
This is about the private school's obstructionist, strategies to keep the
underprivileged children out. As a result, the majority of private schools
that accept underprivileged students are typically low-quality, low-budget
Teachers are not enough trained Teachers are at the centre of RTE implementation, which aims to create a
diverse and democratic classroom in which all students take part as equal
partners. Our elementary school system already has a teacher shortage, and a
sizable portion of its teacher's lack formal training. A major obstacle to
the successful implementation of the RTE Act is the lack of properly
educated teachers. A great need for qualified instructors required for
better student-teacher ratio.
It compelled several states to seek exemption from adhering to the
qualifications norms during recruitment. As a result, unqualified persons
were promoted to administer the educational system as para-teachers.
Admission based on age, but no bridge course infrastructure Regardless of their level of learning, the Right to Education Act mandates
that children be placed in classes according to their age, which is a
beneficial move because it prevents the loss of years. But this leads to an
odd circumstance where youngsters in the same class may have different
learning needs. There is currently no provision for giving a bridging course
to level the playing field for students in terms of learning. Therefore, in
order to bring all pupils in a class up to the same level, flexible length
training needs to be made essential for trailing children.
Benefits of RTE Act:
- Community Benefit
Community development is ensured by education. It guarantees the nation's
advancement. As a result, one benefit of the RTE ACT is that it ensures the
growth of the community and the country as a whole.
Ensure quality education One advantage of the RTE Act 2009 is that it guarantees quality education
through its requirements since it ensures ongoing oversight of educational
institutions. The Act, for instance, specifies, among other things, the
ideal teacher-student ratio, the necessary facilities, and infrastructure.
These rules make sure that kids receive only quality education.
Educational equality The RTE Act of 2009 has the advantage of promoting equality in education. It
mandates that all private institutions must allocate 25% of their seats to
underprivileged and other child groups, so it gives everyone access to equal
educational opportunities. The goal of the Act is to promote social
integration in the classroom.
Exterminate Poverty The fact that the RTE ACT is a tool for reducing poverty is one of its major
The lack of educated youth in the nation is one of the key causes of
poverty. Young people without a college degree are unable to find employment
that pays well. Education can help people escape poverty and pursue
Absolute Intolerance for Discrimination The Right to Education Act of 2009 provisions places a strong emphasis on
prohibiting student discrimination on the basis of caste, creed, or
religion. This is a step in the right direction toward releasing the nation
from social discrimination.
An excellent move in the correct direction is the RTE Act of 2009. The Act is
acknowledged on a global scale. According to Sam Carlson (the education
specialist for India at the World Bank), the RTE Act is the first piece of
legislation in the entire world to place the government in charge of assuring
enrollment, attendance, and completion. The children's education in the US and
other countries is the duty of the parents.
Every generation looks up to the one behind them in the expectation that they
would develop a nation that is superior to the one we currently have. Therefore,
any nation's top priority should always be education that empowers the next
generation. It is now widely acknowledged that only compulsory education, or
more precisely, free obligatory primary education, allows for the national
realization of the right to education.
However, the efforts to create an educational system in India with complete
access, equality, and quality of education have not been successful due to
widespread poverty and different prejudices in the population. Another cause for
concern is the inability to control the dropout rates among the underprivileged