Right of Children to Free and Compulsory Education (Amendment) Act, 2019

Introduction:

It’s well known that education is an integral part of an individual’s life. A literate person can contribute to the development of the country and can live his/her life with dignity. They all are well aware of their rights and of their remedies, in case of infringement of the same. The importance of the right to education is very well emphasized by Justice Earl Warren, the Chief Justice of the US, Supreme Court in the case of Brown v. Board of Education[1], they said: Today, education is the most important function of the State and Local Governments. It is the very foundation of good citizenship, as it is required in the performance of our most basic responsibility, even services in the armed forces.

Today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training and helping him to normally adjust in his environment. These days, it’s doubtful that any child may reasonably be expected to succeed in life if he is denied an opportunity of education.

The framers of the Constitution were well-aware regarding the importance of education, so in order to abolish illiteracy from the country, they imposed a duty on the State under Article 45 of the Indian Constitution, as one of the directive policy of State to provide free and compulsory education to all the children, until they complete the age of fourteen years, within 10 years from the commencement of the Constitution. It was expected that elected Government will take necessary measures to implement the same, but the politicians of our country belied the hope of the framers of the Constitution, as they did not take any concrete steps to implement this directive policy.

The Constitution (86^th Amendment) Act, 2002 added a new Article 21A, after Article 21 and made education for all the children a fundamental right. After including Article 21A in Part III (Fundamental Rights) of the Indian Constitution, in order to bring Constitution (86^th Amendment) Act into force, the Parliament has enacted – the Right of Children to Free and Compulsory Education (RTE) Act, 2009, in order to translate the Constitutional intent into action. The Act, 2009 provides to children: admission, attendance, and completion of elementary education. It may be read with new substituted Article 45 and new Clause (k) inserted in Article 51-A by the Constitution (86^th Amendment) Act, 2002.[2]

While the substituted Article 45(2) of the Indian Constitution puts an obligation on the State to endeavor to provide early childhood care and education for all children until they complete the age of six years. Clause (k) inserted in Article 51-A[3] of the Indian Constitution imposes a fundamental duty on parents and guardians to provide opportunity for education to his child or, as the case may be, ward, between the age of six and fourteen years.

Section 3(1) of the Act, 2009 provides that every child between the age of six to fourteen years must be provided with free education in the nearly school till they (the children) complete their elementary education. The implementation of the Act of 2009, the Government of India announced that 25% of seats in private schools will be reserved for children belonging from weaker sections of the society, and donation or capital fee will be prohibited, for them.[4]

The Act 2009, lays down:

• The curriculum should include learning through activities, discovery, and exploration.
• It insisted on a stress-free teaching-learning process and reform in the curriculum, to make the learning system child friendly.
• It also contains provisions that prohibit corporal punishment, detention, and expulsion.
• It imposes responsibility on the Education Departments of the State Governments, to provide schools, infrastructure, trained teachers, curriculum and teaching-learning material, also midday meal facilities.

In the case of Ng. Komon v. State of Manipur[5], the High Court directed the State Government to establish the school in the same village, from where it was earlier shifted to another village.

The term ‘child’ for the purpose of Article 21-A of the Indian Constitution is held to be a child, who is a citizen of India. In the case of Zeeshan v. District Education Officer, Kannur[6], the Court upheld the denial of the child’s admission to Class V in a school, as a child was the citizen of Pakistan, under Section 22(ii) of the Kerala Education Act, 1959.

The Right of Children to Free and Compulsory Education (Amendment) Act, 2019

It was passed by the Parliament on 3^rd January 2019 and got the assent of the President of India on 10^th January, 2019. It has now been notified in the Gazette of India.

It aims to rebuild the country’s broken education system by serving as a building block, to ensure that every child gets his/her right to elementary education.

Key Provisions: RTE (Amendment) Act, 2019

• The Act seeks to abolish the no-detention policy in schools. Under the provision of Act, 2009: no child can be detained up to class VIII.
• As per the amendment, it will be left on the States that whether to continue the no-detention policy or not.
• The policy has been brought back as it was believed that compelling students to repeat the class will result in demotivation among them, forcing them to abandon the school.
• The Act provides for regular examination in classes V and VIII and if a child fails, the child will get additional opportunity to give a re-examination within two months of passing the result.
• Such children will be provided with two-months remedial teaching, to perform better in the re-examination.
• If still the student didn’t pass the exam, then it’ll be decided by the State Government whether to detain that child or not.

The RTE Act, 2009 provides for free and compulsory education to all children aged of six to fourteen years, as the State may by law determine. Section 16 of the Act provides that no child admitted in the school shall be expelled or held back in any class, till the completion of elementary education.

This provision was made in the said Act, as examinations often least to eliminate children who obtained poor marks, which results in demotivation and discouragement among them, as they have to repeat the same grade or leave the school altogether.

The Act of 2009, caused adverse effects on the learning levels of children as Section 16 of the said Act doesn’t allow holding back of any child, till the completion of elementary education. It was being criticized because the standard of education was deteriorated, more emphasis on statistics, i.e., the quantity of education rather than on the quality of education, which resulted in demand for amendment, to improve the learning outcomes.

Conclusion

The Amendment leads to the fixation of accountability in the elementary education system, which will result in transparency among the Education Department. It built the way for quality education, and to be inclusive and accessible nationwide. But still there’s a long way to go, to be called successful, in its purpose. The creation of a conducive atmosphere and supply of resources will pave the way.

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[1] 347 US 483 (1954)

[2] 165^th Report of the Law Commission of India

[3] Part IV A of Constitution of India

[4] T. N. Nursery v. State of T. N., AIR 2010 Mad. 142

[5] AIR 2010 Gau. 102

[6] AIR 2008 Ker. 226