[AI] AccessIndia Digest, Vol 50, Issue 50

V. Jayakumar jayakumar.vaishnavi at gmail.com
Tue Jun 8 09:55:55 EDT 2010

Dear Shadab,

Hope this helps - VAISHNAVI
Right to Education

   - The Act makes it mandatory for every child between the ages of 6-14 to
   be provided for education by the State. This means that such child does not
   have to pay a single penny as regards books, uniforms etc… too.
   - Any time of the academic year, a child can go to a school and demand
   that this right be respected.
   - Private education institutions have to reserve 25% of their seats
   starting from class I in 2011 to disadvantaged students.
   - Strict criteria for the qualification of teachers. There is a
   requirement of a teacher student ration of 1:30 at each of these schools
   that ought to be met within a given time frame.
   - The schools need to have certain minimum facilities like adequate
   teachers, playground and infrastructure. The government will evolve some
   mechanism to help marginalised schools comply with the provisions of the
   - There is anew concept of ‘neighbourhood schools’ that has been devised.
   This is similar to the model in the United States. This would imply that the
   state government and local authorities will establish primary schools within
   walking distance of one km of the neighbourhood. In case of children for
   Class VI to VIII, the school should be within a walking distance of three km
   of the neighbourhood.
   - Unaided and private schools shall ensure that children from weaker
   sections and disadvantaged groups shall not be segregated from the other
   children in the classrooms nor shall their classes be held at places and
   timings different from the classes held for the other children.


Right of children to Free and Compulsory Education Act

Provides for free and compulsory education to all children of the age of six
to fourteen years

The Right of children to Free and Compulsory Education Act has come into
force from today, April 1, 2010. This is a historic day for the people of
India as from this day the right to education will be accorded the same
legal status as the right to life as provided by Article 21A of the Indian
Constitution. Every child in the age group of 6-14 years will be provided 8
years of elementary education in an age appropriate classroom in the
vicinity of his/her neighbourhood.

Any cost that prevents a child from accessing school will be borne by the
State which shall have the responsibility of enrolling the child as well as
ensuring attendance and completion of 8 years of schooling. No child shall
be denied admission for want of documents; no child shall be turned away if
the admission cycle in the school is over and no child shall be asked to
take an admission test. Children with disabilities will also be educated in
the mainstream schools. The Prime Minister Shri Manmohan Singh has
emphasized that it is important for the country that if we nurture our
children and young people with the right education, India’s future as a
strong and prosperous country is secure.

All private schools shall be required to enroll children from weaker
sections and disadvantaged communities in their incoming class to the extent
of 25% of their enrolment, by simple random selection. No seats in this
quota can be left vacant. These children will be treated on par with all the
other children in the school and subsidized by the State at the rate of
average per learner costs in the government schools (unless the per learner
costs in the private school are lower).

All schools will have to prescribe to norms and standards laid out in the
Act and no school that does not fulfill these standards within 3 years will
be allowed to function. All private schools will have to apply for
recognition, failing which they will be penalized to the tune of Rs 1 lakh
and if they still continue to function will be liable to pay Rs 10,000 per
day as fine. Norms and standards of teacher qualification and training are
also being laid down by an Academic Authority. Teachers in all schools will
have to subscribe to these norms within 5 years.

The National Commission for Protection of Child Rights (NCPCR) has been
mandated to monitor the implementation of this historic Right. A special
Division within NCPCR will undertake this huge and important task in the
coming months and years. A special toll free helpline to register complaints
will be set up by NCPCR for this purpose. NCPCR welcomes the formal
notification of this Act and looks forward to playing an active role in
ensuring its successful implementation.

NCPCR also invites all civil society groups, students, teachers,
administrators, artists, writers, government personnel, legislators, members
of the judiciary and all other stakeholders to join hands and work together
to build a movement to ensure that every child of this country is in school
and enabled to get at least 8 years of quality education.
 Benefits of Right to Education Act, 2009

RTE has been a part of the directive principles of the State Policy under
Article 45 of the Constitution, which is part of Chapter 4 of the
Constitution. And rights in Chapter 4 are not enforceable. For the first
time in the history of India we have made this right enforceable by putting
it in Chapter 3 of the Constitution as Article 21. This entitles children to
have the right to education enforced as a fundamental right.

*Official Bill*

   - *www.education.nic.in/Elementary/free%20and%20compulsory.pdf*
   - *

> ------------------------------
> Message: 6
> Date: Tue, 8 Jun 2010 19:16:40 +0530
> From: Shadab Husain <shadabhsn at gmail.com>
> To: accessindia <accessindia at accessindia.org.in>
> Subject: [AI] Right to Education
> Message-ID:
>        <AANLkTimgk40Wm0UpRo70-fgY-QZpnBO9y21n2M7wwP3- at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
> Hi Friends,
> Can anyone please send me a copy of Right to Education Act, 2009?
> Since I am not conversant with the legal jargon, so a summary of the
> Act would also be very helpful.
> An early reply would highly oblige
> Shadab

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