Right Ho Elementary Education

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JOINING HANDS IN THE INTEREST OF CHILDREN
The 86th constitutional amendment (2002), made
elementary education a fundamental right & the RTE Act

(2009) described the modalities of the provision, gave the tools
to provide quality education to children. When challenged by

private schools as unreasonable, the SC Bench said: content of
Article 21A flows from Article 45 (as it then stood), the 2009 Act has been enacted to give effect to Article 21A. For the above reasons, since the Article 19(1) (g) right is not an absolute right as Article 30(1), the 2009 Act cannot be termed as unreasonable.

Elementary education forms a foundation for all levels of learning and development. It empowers and equips individuals with analytical capabilities, instills confidence and fortifies them with will to achieve goal-setting competencies.

It, therefore, plays a pivotal role in improving the
socioeconomic condition of India and for India to grow, it is imperative that it has in place a strong elementary school driven education system.
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Universal Elementary Education
• The role of Universal Elementary Education (UEE) for

strengthening the social fabric of democracy through
provision of equal opportunities to all has been accepted since the inception of our Republic.

• The original Article 45 in the Directive Principles of
State Policy in the Constitution mandated the State to endeavour to provide free and compulsory education to all children up to age fourteen in a period of ten years.

The Right of Children to Free and Compulsory Education Act


Passed by the Indian parliament on 4 August 2009. It describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution.

• India became one of the few countries to make education a fundamental right of every child when the act came into force on April 1, 2010.
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The Constitution (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE)

Act, 2009, which represents the consequential legislation
envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and

equitable quality in a formal school which satisfies certain
essential norms and standards.
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SC backs Right to Education
The apex court upheld at least 25% students from socially and economically backward families. These students will be guaranteed free education from class I till they reach the age of 14.

the constitutional validity
of the Act and directed all schools, including privately-run schools, irrespective of the board they are affiliated to, to admit from this academic year (2012-

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SC Bench said: “To put an obligation on the unaided non-minority school to admit 25 per cent children in class I under Section 12(1)

(c) cannot be termed as an unreasonable restriction. Such a law
cannot be said to transgress any constitutional limitation. The object of the 2009 Act is to remove the barriers faced by a child

who seeks admission to class I and not to restrict the freedom
under Article 19(1) (g). “From the scheme of Article 21A and the 2009 Act, it is clear that the primary obligation is of the State to provide for free and compulsory education to children between the age of 6 and 14 years and, particularly, to children who are likely to be prevented from pursuing and completing the elementary education due to
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inability to afford fees or charges.”

The SC judgment said: “We hold that the Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall apply to a school established, owned or controlled by the appropriate Government or a local authority; an aided school

including aided minority school(s) receiving aid or grants
to meet whole or part of its expenses from the appropriate Government or the local authority; a school

belonging to specified category; and an unaided nonminority school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.”
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The 86th constitutional amendment (2002), And the RTE Act (2009), have given us the tools to provide quality education to all our

children. It is now imperative that we the
people of India join hands to ensure the

implementation of this law in its true
spirit. The Government is committed to this task though real change will happen through collective action.
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With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act. Sarva Shiksha Abhiyan (SSA) is implemented as India‟s main programme for universalising elementary education. Its overall goals include universal access and retention, bridging of gender and social category gaps in education and enhancement of learning levels of children.

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Both the Central and state governments are responsible for ensuring effective implementation of the Act. There has been significant improvement in terms of the number of primary schools, largely due to additional resources made available through the Sarv Shiksha Abhiyaan to bridge existing gaps. The scheme is now being extended to the

secondary school level as well.
In addition to the Government‟s initiative, the private sector has also played a role in improving the state of

education in the country and continues to do so.
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Reservation of 25% seats in private schools for children from poor families • The principle behind 25%
• The school may be there but students may not attend, or drop out after a few months. • Through school & social mapping, many issues need to be addressed that prevent a weak child from completing the process of education.

reservation is to promote social integration. A school is a perfect setting where existing inequalities in society can be bridged if the school encourages students to integrate psychologically, emotionally and academically.

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RTE Act –What does it specify?
• The Act makes education a fundamental right of every

child between the ages of 6 to 14 and specifies the
minimum norms in government schools. • It specifies reservation of 25% seats in private schools for children from poor families, prohibits the practice of unrecognized schools, and makes provisions for no

donation or capitation and no interview of the child or
parent for the admission.
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National Commission for Protection of Child Rights
• The act also provides that, no child shall be held back, expelled, or required to pass a board examination until completion of

elementary education.
• Provision for special training of school drop-outs to bring them atpar with the students of the same age. • Right to Education of Person with Disabilities till 18 years of age has been made a Fundamental Right. • The act provides for establishment of the National Commission for Protection of Child Rights and State Commissions for supervising of proper implementation of the act, looking after the complaints and protection of Child Rights.
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The Right of Children to Free and Compulsory Education (RTE) Act, 2009 has come into force with effect from April 1, 2010. The Sarva Shiksha Abhiyan (SSA) Framework of

Implementation and norms for interventions have been
revised to correspond with the provisions of the RTE Act. This includes



interventions, inter alia for opening new primary and
upper primary schools as per the neighbourhood norms notified by State Governments in the RTE Rules,
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support for residential schools for children in areas which are sparsely populated, or hilly or densely forested with difficult terrain, and for urban deprived homeless and street children in difficult circumstances,

• special training for admission of out-of-school children

in age appropriate classes, additional teachers as per
norms specified in the RTE Act, • two sets of uniforms for all girls, and children belonging

to SC/ST/BPL families,
• strengthening of academic support through block and cluster resource centres, schools, etc.
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Since RTE Act came into force, • 50,672 new schools, • 4.98 lakh additional classrooms, • 6.31 lakh teachers, etc • have been sanctioned to States and UTs

under SSA. The fund sharing pattern between
the Central and State Governments has also been revised to a sharing ratio which is more favourable to States Governments.
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The RTE Act mandates the following timeframe for implementation of its provisions:
Activity Establishment of neighbourhood schools Provision of school infrastructure  All weather school buildings  One-classroom-one-teacher  Head Teacher-cum-Office room  Library  Toilets, drinking water  Barrier free access  Playground, fencing, boundary walls Timeframe 3 years (by 31st March, 2013)

3 years (by 31st March, 2013)

Provision of teachers as per prescribed 3 years (by 31st March, 2013) Pupil Teacher Ratio Training of untrained teachers Quality interventions and other provisions 5 years (by 31st March 2015) With immediate effect 20

Struggle for universalizing elementary education
• Everybody acknowledges the value of education in

the overall development of the children.
• Administrators • Educationists • Development professionals • Economists

• Parents

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Administrators focus on
• Enrolment • Availability of schools within walking distance • Provisioning for infrastructure

• Deployment of teachers.
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Educationists: What is Learnt, how
is it presented?
are concerned about • Whether or how children learn, and the

• Burden of syllabi, which is passed on to
• Tuition centres or Parents
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• Development professionals discuss
• The impact of years of schooling, for example on

• the age of marriage and
• family size. • ‘Development’ is a blessing sustained by the beneficial environment: “Trees give fruits to assist others. Rivers flow to help others. Cows produce milk to feed others. In the same way, our own human body should also be employed for the assistance of others”: Administrators, Educationists, Economists, Development professionals and Parents.

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Economists
• talk about the economic returns on Investment in education. • Our economist PM says „ An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India‟ is our commitment.
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Parents
have expectations from the education system • that it should equip their children for gainful employment, and • economic well being.

• उद्यमेन हि सिद्धयन्ति कायााणि न मनोरथैः । न हि िप् ु िस्य सििंिस्य प्रविशन्ति मख ु े मग ृ ाैः
• Any work will not get accomplished just merely by desiring for it's completion. A 'prey' will not by itself come to the mouth of a sleeping lion.

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Fulfill goals of universal elementary education
• The enforcement of fundamental right to education provides us a unique opportunity to mount a mission encompassing all the above discourses to fulfill our goal of

universal elementary education.

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Implementation of RIGHT TO EDUCATION ACT
provides for all children the benefit of free and compulsory • admission, • attendance and • completion of elementary education.
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In India, since we gained freedom of self governance,
• Undoubtedly, much progress has occurred since the last sixty years of our independence and

• many more children with a diverse
background are accessing school.

• Yet....

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Dropped out, child labourers
• There are ‘invisible’ children_ children bonded to work with an employer, • young boys grazing cattle or working in a dhabha • girls working in the fields or as domestic help or caring for younger siblings, and • children being subjected to early marriage. Many of these children are formally enrolled in a school but have either dropped out or have never been there.
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Extremely vulnerable ones
• Many others such as migrant and street children, who live in extremely vulnerable conditions; denying them education is against the universal nature of human rights.
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Enrol, attend, learn, and Be empowered by education
• Providing universal access itself is no longer enough; making available school facility is essential but not sufficient. • A monitoring mechanism is needed to ensure that all children attend school regularly and participate in the learning process.

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Not attending, drop-out in a few months?
• Focus must be on the factors that prevent children from regularly attending & completing elementary education. Children
• • • • from weaker sections and disadvantaged groups, as also girls. SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND PEDAGOGIC ISSUES
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Good education is empowering
• विद्याविधधवििीनेन ककिं क ु ऱीनेन दे हिनाम ् । अक ु ऱीनोऽवऩ विद्याढ्यो दििरवऩ ितद्यिे ॥ • Of what use is nobility of family if a person is illiterate? • A learned man is respected by Gods too though he does not belong to a noble family.

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Free, compulsory and of high quality
• The right to education is free, compulsory and it includes good quality education for all. • A curriculum not only provides good reading and understanding of text books but also includes learning through activities, exploration and discovery. • Comprehension, competence, competitiveness and creativity should be developed, not forgetting compassion.

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Education Depts of State & Union Governments have direct responsibility
To provide • schools, • infrastructure, • trained teachers, • curriculum and • teaching-learning material, and • mid-day meal. A well coordinated mechanism is needed for inter- sectoral collaboration & convergence.

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On the part of the whole Govts:
• The factors that contribute to the achievement of the overall goal of universalizing elementary education as a fundamental right requires action on the part of the whole Governments.
A well coordinated mechanism is needed for inter- sectoral collaboration & convergence.
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Timely & appropriate financial allocations, redesign school spaces
• The Finance Department to release funds at all levels. • The Public Works Dept. to re-conceive and redesign school spaces from the pedagogic perspective & Address issues of including disabled children through barrier free access.

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Provide Social & Location Mapping of schools, Water & sanitation facilities
• The Dept. of Science & Technology to provide geo-spatial technology to perform at grass-root survey. • Provision of access to sufficient safe drinking water • Provision and access to adequate sanitation facilities, specially for girl child.

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ROLE OF CIVIL SOCEITY in RTE
• Above all, people‟s groups, civil society organizations & voluntary agencies will play an crucial role in the implementation of the RTE Act. • This will help build a new perspective on inclusiveness, encompassing gender & social inclusion, & ensure that these become integral & crosscutting concerns informing different aspects like training, curriculum and classroom transaction.

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ROLE OF CIVIL SOCEITY
• A VIBRANT CIVIL SOCEITY MOVEMENT CAN ENSURE THAT THE PARENT / CHILD FROM WEAKER OR DISADVANTAGED SECTIONS BECOME AWARE OF THE VALUE OF EXERCISING THE RIGHT TO ELEMENTARY EDUCATION AND PUT IN SERIOUS EFFORTS ON THEIR PART. • NGO contribution of knowledge, ideas and solutions to the challenges are needed.
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Prime Minister Manmohan Singh:
"We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active

citizens of India

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Good teacher‟s company enables.
• यैः ऩठति सऱखति ऩश्यति ऩररऩच् ृ छिी ऩन्डििान ् उऩाश्रयवऩ । िस्य हदिाकरककरिैः नसऱनी दऱिं इि विस्िाररिा बुवद्धैः ॥

• One who reads, writes, sees, inquires, lives in the company of learned men, his intellect expands like the lotus leaf does because of the rays of sun.
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► A key issue being raised against the provisions of the RTE Act is the absence of provisions for improving the job conditions of teachers. This leads to limited availability of quality teachers in rural or inaccessible areas. ► According to analysts, teacher training is one of the biggest requirements of the current system and has been neglected by the Act.

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Since the Government has finite resources, reimbursing expenses to private schools will be at the expense of government schools. Therefore, it should be made voluntary for private schools reserve seats for children from disadvantaged sections of society. It is unfair to make this applicable for all private schools. “The whole idea of reimbursement of expenses to private schools is a case of poor economics. If the government is unable to meet the expenses from where will it generate additional resources to reimburse the private schools”. Prof. Praveen Jha, JNU

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