Right to education Act

Right to Education Act.2009
with special reference to Sec.19
Shared By
Neeraj Kumar Mehra
Faculty Member
District Institute of Education & Training
Daryaganj

“I beg to place the following resolution before the council
for its consideration.…the state should accept in this
country the same responsibility in regard to mass
education that the government of most civilized countries
are already discharging and that a well considered
scheme should be drawn up and adhered to till it is
carried out.. The well being of millions upon millions of
children who are waiting to be brought under the
influence education depends upon it...”
The above words are part of the resolution which Gopal
Krishna Gokhale moved in the Imperial Legislative Council on
18th march, 1910 for seeking provision of ‘Free and
Compulsory Primary Education” in India. This initiative must
however be seen as part of the sequence of events

Historical view
1870 Compulsory Education Act passed in Britain
1882 Indian Education Commission: Indian leaders demand provision for mass
education and Compulsory Education Acts.
1893 Maharaja of Baroda introduces Compulsory Education for
boys in Amreli Taluk.
1906 Maharaja of Baroda extends Compulsory Education to rest of
the state.
1906 Gopal Krishna Gokhale makes a plea to Imperial Legislative Council for
introduction of Free And Compulsory Education

Historical view
1910 Gokhale proposes Private members Bill (Rejected)
1917 Vithal bhai Patel is successful in getting the Bill passed - First Law
on Compulsory Education passed (Popularly Known as Patel Act)
1918 Every Province in British India gets Compulsory Education Act on its
1930 Statute Book
1930 Hartog Committee Recommendation for better quality (less focus
on quantity) hinders spread and development of primary education
1931 Many of these initiatives, however, were not seriously implemented;
lack of resources and enforcement being the chief reasons.

RIGHT TO EDUCATION Act
• It is an important legislation in the field
of education. It has come into force
with effect from 01/04/2010.
• Now education upto elementary level
has become a fundamental right of
every child aging 6-14 yrs.

Know more about RTE Act
• Every child of the age of six to fourteen years
shall have a right to free and compulsory
Education in a neighbourhood school till
completion of elementary education.
• Neighbourhood school means a primary
school in vicinity of 1 Km and an upper
primary school in the vicinity of 3 Km of every
habitation.

• Duty of the appropriate govt/local
authority to provide
• i. Free and compulsory education to
every child.
• ii. To establish school within limits of
prescribed neighbourhood.

• Unaided Pvt. recognized schools and
schools of special category to admit
25% children from economically
weaker section and disadvantaged
group in class I and re-imbursement
thereof.

• No capitation fee and screening
procedure for admission.
• No child shall be denied admission in a
school for lack of age proof and in
extended period of admission.

• The Act prohibits holding back in any
class and expulsion of child admitted in
a school till completion of elementary
education.
• Prohibition of physical punishment and
mental harassment to child.

• No school to be established or can function
after the commencement of the Act without
obtaining certificate of recognition from
appropriate Government which can be
obtained subject to fulfillment of norms and
standards of the school as per RTE Act.

• Constitution of School Management
Committee in every school except unaided
pvt. recognized schools.
• 75% representation from parent members.
• 50% representation from women.
• Representation from SC/ST and
disadvantage group.

• Minimum qualification as laid down by
Government is required for
appointment of a teacher.
• Duties of teachers and provision of
redressal of their grievances.

• Curriculum and evaluation procedure for
elementary education shall be laid down by
an academic authority.
• Delhi SCERT has been notified as Academic
authority for the above purpose.
• No board examination till elementary
education and award of certificate on
completion same.

• Provision of protection of child rights
and redressal of their grievances.
• Constitution of National and State
Advisory councils.

Delhi Right to Education Rules,
2011
• For carrying out the provisions of this
Act, Delhi Government has notified its
rules under the title, "Delhi Right of
Children to Free and Compulsory
Education Rules, 2011"

Section 19 .1
No school shall be established or
recognised, under section 18,unless it
fulfills the norms and standards specified
in the schedule.

Section 19 .2
Where a school established before the
commencement of this act does not fulfills
the norms and standards specified in the
schedule ,it shall take steps to fulfill such
norms and standards at its own
expenses,witin a period of three years
from the date of such commencement.

Section 19 .3
Where a school fails to fulfills the norms
and standards within the period specified
under sub section(I) of Section 18 shall
withdraw recognition granted to such
school in the manner specified under
subsection(3) thereof.

Section 19 .4
With effect from the date of withdrawal of
recognition under sub section (3), no
school shall continue to function.

Section 19 .5
Any person who continues to run a school
after the recognition is withdrawn, shall be
liable to fine which may extends to one
lakh rupees and in case of continuing
contravention , to a fine of then thousands
rupees for each day during which such
contravention continues.

Role and duties of Principal
under
RTE Act. 2009

Creating awareness in the neighbourhood of
the school regarding right of child (6-14
yrs) for seeking compulsory education
through students, teachers and parents and
identifying children who are out of school.

• Providing admission to out of school children
in age appropriate class and special training
to them.
• Ensure compulsory admission, attendance
and completion of elementary education by
every child of the age of six to fourteen years
studying in school.

• Ensure that there is no discrimination and
segregation of children belonging to weaker
section, dis-advantage group, children with
special need which prevent them from
completing elementary education.
• No child is subjected to caste, religion,
gender abuse.

• Ensuring that children in school get
good quality elementary education
conforming to standards and norms
specified in the schedule.
• No delay in issuance of transfer
certificate as and whenever required by
the child.

• Maintain records of the children
admitted in a school as prescribed.
• No physical punishment or mental
harassment.

• Ensuring the constitution of School
Management Committee as prescribed
and timely preparation of school
development plan.

• To ensure that children admitted in
school get timely benefits of their rights
like free books, uniforms, stationary,
mid day meal, benefits of welfare
schemes etc.

• Ensure that teachers perform their
duties namely regularity and punctuality
in attending the school.
• Timely completion of entire curriculum
within prescribed time frame as
prescribed by academic authority.

• Assess the learning ability of each child
and accordingly supplement additional
instructions, if any as required.
• Hold regular meetings with parents and
guardians.

• Ensure that child completing
elementary education is being awarded
a certificate as prescribed by the
government.

What’s special in this act
This Indian Act is unique from amongst such Acts from many
other countries for the following reasons:
• The definition of ‘free’ that goes beyond tuition fees
• The ‘compulsion’ being on the governments rather than on
parents
• the stress on ending discrimination, and on inclusion
• prescribing quality principles for the teaching-learning process
• an external constitutional body for monitoring the Act
• defining minimum norms and standards for the school
• addressing the emotional, stress and anxiety issues of
children

School Management Committee
School Development Plan
Counselling in School and Gender Sensitization
http://aif.org/wp-content/uploads/2012/08/SMCBook1.pdf

Right to education Act

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