Right to Education Act (RTE) | Free and Compulsory Education of All Children

“Education is the key that unlocks the golden door to freedom.” —George Washington Carver

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India. As per this mandate, the state has a duty to provide free and compulsory education for all children in the age group of six to fourteen years. This is now enriched as a Fundamental Right of all the citizens. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which was 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. Mayoor school and other top schools of Noida are assisting the government in the best possible way to enable the state to meet this obligation.

What is Right to Education Act (RTE Act)?

The main provisions of the right to education act (RTE Act) stipulate the Right of all childrens to free and compulsory education till completion of elementary education in a neighborhood schools. It also makes a provision for a non-admitted child to be admitted to an age-appropriate class. It clarifies the duties and responsibilities of appropriate Governments, local authorities, and parents in providing free and compulsory education and sharing of financial and other responsibilities between the Central and State Governments. The Act lays the standards pertaining to Pupil Teacher Ratio (PTRs), the school infrastructure, number of working days, working hours of teachers, etc. It also stipulates the appointment of trained and academically qualified teachers. The curriculum suggested should be in conjunction with the values of the Constitution and the school atmosphere should be such that the child is not subjected to any kind of trauma and anxiety. The Act suggests the school to be a centre for over-all development of the child and should focus on personality development. The top 10 schools of Noida, including the Mayoor School, best school in Noida strive its best to accommodate the stipulations aforementioned under the RTE Act.

Explaining the Emergence of Human Rights Regimes

The “Right to education” is also a part of International Human Rights regime. The same is enriched in Article 26 of the Universal Declaration of Human Rights and considered basic need of every human being. Apart from the same, many international treaties such as Article 13 and 14, social and cultural rights states that everyone should have primary education right. In Europe convention held on 20 March 1952, Article 2, states that right to education is a human right and everyone shall have the access to primary education hence to established and entitlement to education. Such an International human right was rightly captured through Article 21-A and RTE Act by the Indian Parliament. Noida being one of the most upcoming Metropolitan, Mayoor School, Noida and other top 10 schools have an obligation to assist the state in accomplishment of this international human right.

Right to Education Act is justiciable

Even before the Legislative mandate, the Indian Judicial system had made the Right to Education as part of Right to Life. This was done by the Honourable Supreme Court of India in the case of Mohini jain Vs. state of Karnataka (Held on 30th July 1992). In this case it was held that: “Right to education is the essence of the right to life and directly flow and interlinked with it, and life living with dignity can only be assured when there is a significant role of education”. Later, the validity of this judgment re-examined in by five judges bench in J.P. Unnikrishnan v. State of Andhra Pradesh (Decided on 4th February 1993) and held that: “Right to education means citizen has the right to call up the state to provide the facilities of education to them in according to the financial capacity”

Amendments to RTE Act

The RTE Act was amended in the year 2018. As per this Amendment, the policy of no- detention of the children was repealed. Prior to the enactment of this Amendment, a child couldn’t be detained until the child completes the elementary education. As per this new change, the state is at the discretion to decide the policy on no-detention. Most of the schools in India, including Mayoor School, Noida, have raised the question whether the RTE Act was applicable to unaided private minority schools and boarding schools. This controversy was set aside by hon’ble Supreme court. Through a decision dated 12 April 2012, has observed that the Act will not be applicable to unaided private minority schools and boarding schools.

This a welcome welfare Legislation for the upliftment and guarantee of education to the children. This a very recent step undertaken by the Government. We will have to wait for few more years to analyse the successful implementation of this Act and the measures taken by the government towards its implementation.