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Legal Method Project Work


ON
RIGHT TO EDUCATION




HIDAYATULLAH NATIONAL LAW UNIVERSITY
Raipur, Chhattisgarh

Project submitted to:
Ms. Shova Devi
(Faculty of Legal Method, HNLU)

Project Submitted by:
Harshmander Rastogi
Semester I, B.A.L.LB. (Hons.)
Roll no. 069, Section C
Project Submitted on:
26
th
October 2013
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Table Of Contents

Topic Page No.
Declaration...03
Acknowledgements..04
Abbreviations Used..05
Scope of Study, Objectives of study,
Research Methodology.06
Introduction..07-08
Origin and History09-11
Importance and Motives12
Definition and Purpose of RTE13-14
Contents of RTE...15-16
Observation and Analysis..17
Merits of RTE18
Obstacles faced by RTE19
What if RTE is violated.20
Criticism...21-22
Status of RTE.23
Conclusion.24
Bibliography/Webliography..25
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Declaration

I, HARSHMANDER RASTOGI hereby declare that, the thesis of the project work entitled,
Right To Education is of my own and this project work is submitted to H.N.L.U., Raipur. It is
record of an original work done by me under the able guidance of Ms. SHOVA DEVI , Faculty
Member, H.N.L.U., Raipur.








Harshmander Rastogi
Roll No. 069
Batch XIII
Semester I
Section C
26/10/2013


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Acknowledgements

Thanks to the Almighty who gave me the strength to accomplish the project with sheer hard
work and honesty. This research venture has been made possible due to the generous co-
operation of various persons. To list them all is not practicable, even to repay them in words is
beyond the domain of my lexicon.

This project wouldnt have been possible without the help of my teacher Ms. Shova Devi ,
Faculty of Legal Method at HNLU, who had always been there at my side whenever I needed
some help regarding any information. She burnt herself as candle and enlightened my path
towards success. I would also like to express my gratitude towards administration which has also
been kind enough to let me use the facilities for research work.



Harshmander Rastogi
Roll No. 069
Batch XIII
Semester I
Section C
26/10/2013


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Abbreviations Used

RTE Right To Education
FRs Fundamental Rights
FDs Fundamental Duties
DPSPs Directive Principle of State Policies
No. Number
Sect. Section
NEP National Education Policy
UNICEF United Nations International Childrens Emergency Fund
CETIM Centre Europe-Tiers Monde (Europe Third World Centre)
SCPCR State Commission for Protection of Child Rights
ASER Annual status of Education Report
NGOs Non - Governmental Organization
CCE Continuous and Comprehensive Evaluation




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Scope Of Study :
The Scope of my study includes the Introduction, Origin, Passage , Implementation ,Working
and Effect of RIGHT TO EDUCATION in India. There is a discussion about how RTE is
helpful in removing Illiteracy from India. It also observes the problem relating to its
implementation. It includes how Governments and other Brilliant minds effort lead to a
successful result. It also mentioned how it was 1
st
adopted as one of FDs and DPSPs and then
as FRs of India.


Objectives Of Study:
The basic objective of my study is to find out how RTE works, to discuss the various advantages
and disadvantages of RTE. Also it includes what are the problems that are being faced for its
implementation and what are the reason because of which India has adopted RTE as one of its
FRs for its citizens. It is done so that we can arrive to some conclusion and can come out with
the best solution to remove Illiteracy from India.


Research Methodology :
This project work is descriptive & analytical in approach. It is largely based on the analysis of
various features of RTE act, its requirement in the world of Illiteracy and how much effective it
can be in making the country Literate. Books & other references as guided by faculty of English
are primarily helpful for the completion of this project.
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Introduction:-

Right To Education formally known as The Right of Children to Free and Compulsory
Education Act, 2009, no. 35 of 2009.
1
It is a fundamental human right affirmed by the United
Nations and recognized in regional treaties and numerous national constitutions.

RTE is an Indian legislation enacted by the Parliament of India on 4 August 2009, received
Presidents assent on 26 August 2009 and became an act. It describes the modalities of the
importance of free and compulsory education for children between 6 and 14 in India under
Article 21a of the Indian Constitution. India became one of 135 countries to make education a
fundamental right of every child when the act came into force on 1 April 2010.
2

RTE presently consists of One schedule, VII chapters and 38 Section and various Clauses and
sub clauses which describes in details the rules and regulations for admission of children in
school. This act shall extend to whole of India except the state Jammu and Kashmir.
3


Key Features of Right of Children for Free and compulsory Education Act are:-

(a) Free and Compulsory education to all children of India in the 6 to 14 age group in
neighborhood school till elementary education.

(b) No Child shall be held back, expelled, or required to pass a board examination until
completion of elementary education.

(c) A child above six years of age has not been admitted in any school or though admitted,
could not complete his or her elementary education, then, he or she shall be admitted in a class
appropriate to his or her age, Provided that where a child is directly admitted in a class
appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right
to receive special training, in such manner, and within such time limits, as may be prescribed.
Provided further that a child so admitted to elementary education shall be entitled to free
Education till completion of elementary education even after fourteen years.

(d) For the purposes of admission to elementary education, the age of a child shall be
determined on the basis of the birth certificate issued in accordance with the provisions of the

1
. The Gazette Of India
2
.The Hindu News, 2010
3
.Chapter I, Sect. 1(2) of RTE Act
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Births, Deaths and Marriages Registration Act, 1856 or on the basis of such other document, as
may be prescribed. No child shall be denied admission in a school for lack of age proof.

(e) A child who completes elementary education shall be awarded a certificate.

(f)There should be a fixed student-teacher ratio.

(g) Provides for 25 percent reservation for economically disadvantaged communities in
admission to Class One in all private schools.

(h) Mandates improvement in quality of education.

(i) All schools except private unaided schools are to be managed by School Management
Committees with 75 percent parents and guardians as members.

(j) School teachers will need adequate professional degree within five years or else will lose
job.

(k) School infrastructure to be improved in three years, else recognition will be cancelled.

(l) Financial burden will be shared between State and Central Governments.

(m) Each privately run school, however small it may be, would be required to obtain a
certificate of recognition from a certifying authority of State Government. Such schools would
have to meet the minimum infrastructure and teacher-student ratio specified in the RTE Act,
and the teacher qualification requirements, in order to be considered for recognition by the
certifying authority.

(n) No child should be denied admission on the basis of absence of transfer certificate.
(o) No child shall be subjected to physical punishment and mental harassment.
(p) No donation or capitation fees and No interview of the child or parent for admission is
required.
4




4
. Sripati V. Thiruvengadam, A. K. (2004)
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Origin And History

Although RTEs content and practice have been a source of controversy for as long as anybody
can remember and have evolved (or adapted themselves) in function of time and place, education
for everybody is unanimously accepted as a necessity. The same can be said for the school,
which has become the norm in our contemporary world even if one does not learn only in school
(there is also, for example, the family and work, and even prison can furnish a framework for
learning) and even if, at times, there have been those who have dreamed of a world without
schools.
5


A nation is said to be strong and united when divisive forces causing disintegration are
totally absent in it.

In India there is always a concern of creating a good literate environment, there has been always
a need of such law which should provide a quality and purposeful education to all citizens
especially the children who are the future developer of the country. For this very purpose the
thinkers started working on this project immediately after the Independence of India , but the real
result arrived in mid 1960s with the introduction of National Education Policy.

The attainment of social and national integration as one of the objectives of the national system
of education is challenging problem. Education is promoting divisive tendencies. The schools for
the rich and the poor are segregated. There is a lack of national consciousness everywhere.
Communal riots, corruption, strikes, lawlessness, disregard for public property is some of the
symptoms of social disintegration.

The Education Commission (1964-66) suggested certain steps to create a strong and united
country to make people conscious of what India is and to create an integrated society. This is
the 1
st
step for introduction of RTE in India. The suggested steps include :-

1. The common School System - The common school system of public education has been
suggested by the Commission as a powerful instrument for achieving social and national
integration, because the schools under this system would be open to all children,
irrespective of caste, creed, community, religion, economic conditions or social status.

2. Social and National Service as an integral Part of Education - The commission
suggested that programmers of social and national service should be incorporated in the
education of children at all stages. Social and national service so organized and made

5
. Ivan Illich, Une socit sans cole, Paris: Seuil Publications, 1971.
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obligatory for all students at all stages would certainly lead to a decrease in the social
distance between the educated and the uneducated, the intelligentsia and the masses.

3. Evolving a Language Policy for National and Social Integration - The Emotional
Integration Committee regarded the use of regional languages from the primary to the
college level as media of education, a matter of profound importance for national
integration.

4. Promoting National Consciousness - The schools under the English regime taught
loyalty to the English people by giving instruction to our students in their literature,
history and culture. Love for the motherland was never developed before 1937. It was
struggle for Independence between 1900 and 1947 that made people nationally conscious.
The development of national consciousness was effected outside the school wall.

Through NEP , 1964 India carved its 1
st
nitch towards success in field of education.
Following are the reasons why there is need of Education Committee at that time and these very
reasons are the same reasons for Introduction of RTE in present time.
1. A need for Social change.
2. A need for improving the quality of education.
3. A need for protecting children against harassment (physically or mentally) at schools.
The 2
nd
big achievement in the process occurred in the year 1986 with the Introduction of
National Education Policy , 1986. Its main objectives were :-
1. Vocationalizaiton of Education.
2. To encourage the governmental and non-governmental efforts for wiping out illiteracy.
3. To emphasize the necessity of adult education, formal education, farmers education and
open schools.
4. To awaken the people about the various scientific and technological developments.

Presently what we see in RTE is the modern form of education policy which was a rough
draft of education bill composed in year 2005. It received much opposition due to its
mandatory provision to provide 25% reservation for disadvantaged children in private schools.
The sub-committee of the Central Advisory Board of Education which prepared the draft Bill
held this provision as a significant prerequisite for creating a democratic and egalitarian society.
Indian Law commission had initially proposed 50% reservation for disadvantaged students in
private schools.
6
.

6
. Seethalakshmi, S. (July 14, 2006). "Centre buries Right to Education Bill India The Times of India"
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The bill was approved by the cabinet of India on 2 July 2009. Rajya Sabha passed the
bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It received Presidential
assent and was notified as law on 26 August 2009
7
as The Children's Right to Free and
Compulsory Education Act. The law came into effect in the whole of India except the state
of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was
brought into force by a speech by the Prime Minister. In his speech, Manmohan
Singh, Prime Minister of India stated that, "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 I ndia."
8












7
. "The Right of Children to Free and Compulsory Education Act, 2009 notified". Press Information Bureau
September 3, 2009
8
. "Prime Minister's Address to the Nation on The Fundamental Right of Children to Elementary Education".
Pib.nic.in.
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Importance and Motive

The Importance of passing of the right of children to Free and Compulsory Education (RTE)
Act 2009 marks a Significant and historic moment for the Children of India.
The Act serves as a building block to ensure that every child has his or her (as an Entitlement) to
get a quality elementary education, and that the State , with the help of families and
communities, fulfills this obligation.
Only few Countries in the world have such a national provision to ensure both free
child centered and child friendly education system. India by passing such act has joined
the league of the nation having such provisions.
9

The RTE act is being in force from 1 April 2010. Draft Model rules have been shared with states,
which required to formulate their state rules and have them notified as early as possible.
RTE provides a ripe platform to reach the unreached , with specific provisions for di sadvantaged
groups, such as child labours , migrant children , children with special needs , or those who have
a disadvantage owing to a social, cultural , economical , geographical , Linguistic, gender or
such other factor and this is the 1
st
and the primary motive of RTE.

RTE focuses on the quality of teaching and learning , which requires accelerated efforts and
substantial reforms:-
Creative and sustained initiatives are crucial to train more than one million new and
untrained teachers within the next five years and to reinforce the skills of in service
teachers to ensure child friendly education.
Families and communities also have a large role to play to ensure child-friendly
education for each and every one of the estimated 200 million girls and boys in India who
should be in elementary school today.
Disparities must be eliminated to assure quality with equity . Investing in preschool is a
key strategy in meeting goals.
Bringing 8 million out-of-school children into classes at the age appropriate level with
the support to stay in school and succeed poses a major challenge necessitating flexible,
innovative approaches.


9
. India UNICEF
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Definition & Purpose of RTE

The RTE is recognized in numerous international instruments that deal with human rights , but
the documents that most completely define the content and the scope of this right are the
Universal Declaration of Human Rights
10
, the International Covenant on Economic, Social
and Cultural Rights (ICESCR)
11
and the Convention on the Rights of the Child.
12


For the Human Rights Councils Special Rapporteur on the Right to Education:

Education has a characteristic quality that enables it to be present in and to nourish all areas of
life. The interconnectedness of human rights is nowhere more obvious than in educational
processes, so the RTE is, moreover, an individual guarantee and a social right which is fully
expressed by the individual in the exercise of his or her citizenship

UNESCO has formulated the definition as follows:

The word education implied the entire process of social life by means of which individuals
and social groups learn to develop consciously within, and for the benefit of the national and
international communities, the whole of their personal capacities, attitudes, aptitudes and
knowledge.

The Purpose of RTE is that education shall be directed to the full development of the human
personality and the sense of its dignity, and shall strengthen the respect for human rights and
fundamental freedoms. They further agree that education shall enable all persons to participate
effectively in a free society, promote understanding, tolerance and friendship among all nations
and all racial, ethnic or religious groups, and further the activities of the United Nations for the
maintenance of peace.

In Article 29.1 of the Convention on the Rights of the Child, the states parties Agree that the
education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their
fullest potential.

10
. Adopted 10 December 1948, ratified by all U.N. member states without exception.
11
. Adopted 16 December 1966, entered into force 3 January 1976, ratified to date by 160 member states.
12
. Adopted 20 November 1989 and entered into force 2 September 1990, ratified by all countries except the
United States and Somalia, which have nonetheless signed it.
Page | 14


(b) The development of respect for human rights and fundamental freedoms, and for the
principles enshrined in the Charter of the United Nations.

(c) The development of respect for the child's parents, his or her own cultural identity, language
and values, for the national values of the country in which the child is living, the country from
which he or she may originate, and for civilizations different from his or her own.

(d) The preparation of the child for responsible life in a free society, in the spirit of
understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,
national and religious groups and persons of indigenous origin.

(e) The development of respect for the natural environment.

The very purpose of the RTE is to ensure that the above stated statements should be
followed by every child and this can only be done by giving proper knowledge and education to
each child of a country without discriminating him on any basis , this make child capable,
efficient and self-reliable which gives him power to fight against social evils in future. This also
realizes child his/her duties towards society and country and satisfies the very purpose of
Education.


























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Contents Of RTE

BASIC CONSTITUTIVE ELEMENTS OF THE RIGHT TO EDUCATION includes:

Compulsory and Cost-Free Education - Primary education and Fundamental education
shall be compulsory and available free to all children of country between the ages of 6
and 14 and specifies minimum norms in elementary schools. It requires all private
schools to reserve 25% of seats to children (to be reimbursed by the state as part of the
public-private partnership plan). Kids are admitted in to private schools based on caste
based reservations. It also prohibits all unrecognized schools from practice, and makes
provisions for no donation or capitation fees and no interview of the child or parent for
admission. The Act also provides that no child shall be held back, expelled, or required to
pass a board examination until the completion of elementary education. There is also a
provision for special training of school drop-outs to bring them up to par with students of
the same age.

Quality of Education To improve the Quality of Education following measures are
mentioned in RTE :

It is well known that it is not sufficient to have adequate buildings or duly trained
teachers to have quality education. While the content of the subject matter is an
essential part, the conditions and the process of the teaching must also be taken
into account.

Educational institutions and programs should be sufficient in number. The
physical facilities should be properly kept up and equipped with electricity,
running water, sanitary facilities (for boys and for girls) etc. Teachers, duly
trained, should receive a salary that is competitive at the national level. The
number of students per class should not be excessively high.

The teaching material should be adequate, including where appropriate a
library, computers and information technology. Educational institutions and
programs should be accessible to everybody, without discrimination (sex,
language, religion, nationality etc.).

The teaching should take place in a reasonably accessible place (for example in a
neighborhood school) or by means of modern technology (for long-distance
education).
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The form and substance of education, including curricula and teaching methods,
have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to
students and, in appropriate cases, Education has to be flexible so it can adapt to
the needs of changing societies and communities and respond to the needs of
students within their diverse social and cultural settings.

Parents or Guardians Freedom to Choose Educational Institutions Article 13.3 of
the International Covenant on Economic, Social and Cultural Rights provides for parents
and legal guardians to choose for their children schools, other than those established by
the public authorities, which conform to such minimum educational standards as may be
laid down or approved by the State and to ensure the religious and moral education of
their children in conformity with their own convictions.

Non Discrimination/Equality - Each child shall have the basic right of access to
education on the basis of equality of treatment with nationals of the State concerned.
Access to public pre-school educational institutions or schools shall not be refused or
limited by reason of the irregular situation with respect to stay or employment of either
parent or by reason of the irregularity of the child's stay in the State of employment.

No Physical Punishment Or Mental Harassment No student should be given any
type of physical punishment or torture for whatsoever reason. Doing such an act by
teacher or any other school personnel will amount to an offence.



The Right to Education of persons with disabilities until 18 years of age is laid
down under a separate legislation- the Persons with Disabilities Act.





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Observation And Analysis
The following observation and collecting of Data has been done by visiting the various Schools
of Bilaspur and Janjgir District of Chhattisgarh State. The schools that are being taken into
account for the observation only includes the Primary as well as Middle Schools of the above
mentioned districts. Following observation has been made:

According to the Headmasters of the school , the Teacher- Student ratio in maximum of
the schools are not up to the mark. Also in most of the schools the infrastructure is weak ,
the walls are not too strong, the shed or the terries is not so good. All these shows that the
standard amenities which are mentioned in section 9 of RTE act doesnt have Standard
quality.

Rules regarding Admission Fees , Caption Fees , Punishments that are being given for the
violation of RTE and all such other related issues are followed quite nicely in most of the
schools. Also the implementation of Mid-Day Meal program is going in somewhat proper
way.


School Management Committees are formed in most of the schools in accordance to the
rules and regulations specified in the RTE act, but the work of the committees are not
efficient and comprehensive. There is no fulfillment of the objectives for which these
committees are made.

In chapter 5 of RTE act 2009 there is mention of CCE pattern of marking for students.
These pattern is still a point of curiosity among the teachers of the school , and due to this
reason CCE marking is not followed in proper way till now.

It is also an illustrated clause of RTE act , that every teacher has to take at least 45 hours
of classes in a working week (i.e. 6 days of working). This fact is almost unknown to
many of the teacher and they even dont want to know because they dont want to follow
it.

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Merits OF RTE

Passing of RTE bill has given India a new era of Development in Education field. Some of the
Merits that India has got from RTE directly or indirectly includes :

Created Emphasis on Learning
Provided Education for the Weaker Section of the Society
Emphasis on Reforms in Examination System
Provided Importance to Moral Values
Modernization of Education
Establishment of Open University and Navodaya Vidyalaya
Adult and Women education
Prevent physical and mental harassment of Student
Invention of programs like Mid-Day Meal, Sarva Siksha Abhiyan, etc.

All these merits and advantages , directly or indirectly is provided by RTE and are proved
as to be very beneficial for balancing , developing and for growth of country.



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Obstacles Faced By RTE
The obstacles to the realization of the right to education are numerous. Among the greatest one
includes :

Inequality/Poverty - All objective studies undertaken indicate that during the past three
decades inequality and poverty between countries and within countries has increased in
an alarming way. The rise in unemployment, the reduction of aid and investment, the risk
of large-scale malnutrition, the risk of civil turmoil and riots, the rise in prices and the
cost of living, lead to de-schooling of children in order to work and earn their as well
as their family living.


Lack of Means - Many Schools lack the means and the ability (infrastructure, school
material, qualified persons and finances, in particular) to realize the right to education for
all. In this regard, there is also the brain drain. Qualified persons, including teachers,
trained in the country or not, are very often seduced by the attractive offers of the
countries of the West.


Discrimination/Segregation - Discrimination in education can take the form of ethnic,
religious or linguistic discrimination, but it can also be involve gender (against women
and girls, especially), social classes (the poor) and migrant workers. Currently, out of 77
million children who dont go to school, 55% are girls and two-thirds of 781 million
illiterate adults are women.
13




Privatization - As is the case in other sectors, neo-liberal policies promoted by the
international financial and trade institutions commodify the education sector. These
institutions would transform education and research into sources of immediate profit.
14


These were some of the common problem that RTE is facing for its implementation. For proper
and effective working of the act it is important for us to get this problems out from our path
permanently as soon as possible.

13
. http://www.unesco.org/en/efa-international-coordination/the-efa-movement/10-things-to-knowabout-efa/
14
. Appeal for mobilization to save education and research launched by the association Attac in France, October
2008
Page | 20

WHAT IF RTE IS VIOLATED?

The National Commission for the protection of child rights shall review the safeguards for
rights provided under this Act, Investigate complaints and have the powers of civil court in
trying cases.
States should constitute a State Commission for the Protection of Child Rights (SCPCR) or the
Rights to Education Protection Authority (REPA) within six months of 1 April of every year.
Any person wishing to file a grievance must submit a written compliant to local authority.
Appeals will be decided by the SCPCR/REPA. Prosecution of offences requires the sanction of
an officer authorized by the appropriate government.
15











15
. India UNICEF
Page | 21

Criticisim
The act has been criticized for being hastily-drafted,

not consulting many groups active in
education, not considering the quality of education, infringing on the rights of private and
religious minority schools to administer their system, and for excluding children under six
years of age. Many of the ideas are seen as continuing the policies of Sarva Shiksha Abhiyan of
the last decade, and the World Bank funded District Primary Education Programme of the '90s,
both of which, while having set up a number of schools in rural areas, have been criticized for
being ineffective
16
and corruption-ridden.
17


Quality of education
The quality of education provided by the government system remains in question. While it
remains the largest provider of elementary education in the country forming 80% of all
recognized schools, it suffers from shortages of teachers, infrastructural gaps and several
habitations continue to lack schools altogether. There are also frequent allegations of government
schools being riddled with absenteeism and mismanagement and appointments are based on
political convenience.

Public-private partnership
In order to address these quality issues, the Act has provisions for compensating private schools
for admission of children under the 25% quota which has been compared to school vouchers
whereby parents may "send" their children in any school, private or public. This measure, along
with the increase in PPP (Public Private Partnership) has been viewed by some organizations
such as the All-India Forum for Right to Education (AIF-RTE), as the state abdicating its
"constitutional obligation towards providing elementary education"

Barrier for orphans
The Act provides for admission of children without any certification. However, several states
have continued pre-existing procedures insisting that children produce income and caste
certificates, BPL cards and birth certificates. Orphan children are often unable to produce such
documents, even though they are willing to do so. As a result, schools are not admitting them, as
they require the documents as a condition to admission.


16
. Infochange India. "India to notify right to education act". Southasia.oneworld.net.
17
. Aarti Dhar (2010-07-28). "News / National : U.K. doesn't intend to probe Sarva Shiksha Abhiyan for corruption"
The Hindu
Page | 22

Impractical in Nature
There has been lots of question that are faced by RTE regarding its practicalness. There is clause
which said that that there should be proper infrastructure of each and every school, also all the
teachers should have a proper degree and qualification for teaching and for this very purpose a
time period of just 3 years is provided which almost has ended. There is no significant changes
that are being made in this area and this situation was predictable because in country like India
where there is still lots of poverty, mismanagement and corruption is spreaded it is almost
impossible to create such a mentioned situation and that also to such a large population.

Other Issues
Other Issues like what should be done if any student has taken the admission but is not attending
the school, what about the dress code which is needed to be followed in private schools , etc are
not mentioned in the act . These issues creates lots of obstacles in the implementation and
working of RTE.


















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Status of RTE

The three-year compliance period for the Right to Education (RTE) Act is just over. What has
the Act accomplished? Sadly, not very much that is positive. With rare exceptions, teachers in
India, especially in government schools, have been known for their absenteeism and
lackadaisical attitude towards teaching. Student performance in examinations offered one last
instrument to evaluate not just students but teachers as well. Therefore, it was widely predicted
that the abolition of examinations would lead to increased complacency among teachers and
reduce student achievements. That prophecy has now come true.
The ASER findings, published by NGO Pratham, underscore the declining reading levels and
learning outcomes across states, with indications that the trend worsened last year. More
than half of all children in class 5 are at least three grade levels behind where they should be in
terms of learning levels, says the report. And the blame must partly be attributed to the UPA's
flagship Right to Education Act, ASER 2012 seems to suggest.
Pratham CEO Madhav Chavan blamed this on relaxed classroom rigor and the no-exam
format ushered in by the RTE Act. Only 30 per cent of class 3 students could read a class 1
text book in 2012, down from 50 per cent in 2008.The number of children in government schools
who can correctly recognise numbers up to 100 has dropped to 50 per cent from 70 per cent over
the last four years, with the real downward turn distinctly visible after 2010, the year RTE came
into force, Chavan said.
"There has been a feeling that RTE may have led to relaxation of classroom teaching since
all exams and assessments are scrapped and no child is kept back. Continuous
Comprehensive Evaluation is now a part of the law and several states are attempting to
implement some form of CCE as they understand it," Chavan has written in ASER 2012.
18

19





18
. The Indian Express , April 6 2013 edition
19
. The Times of India , April 6 2013 edition
Page | 24

Conclusion

The right to education has been recognized as a human right for more than 60 years. In spite of
the existence of numerous international treaties in this area that are legally binding on the states
parties, not only is this right violated daily in many countries, but, worse, governments have a
tendency to shirk their responsibilities, opening the way to privatization in education with all its
known consequences. One thing should be clear: education is a public service, and it must
remain a public service if one wishes to promote democracy and citizenship in ever more
globalized societies.

We came to know that excluding some areas RTE is self-complete act in all the areas but as we
have observe in present status the very objective of RTE is not fulfilled as expected and this has
happened because of the improper implementation , non-popular and non-encouraging
participation of the people and the officials associated with it. So there is urgent need of
overcoming from these problems as soon as possible because most of our future talents are
depended on this act for their development.

RTE must be placed among the priorities of all governments because


The RTE is both a human right in itself and an indispensable means of
realizing other human rights.
20






20
. Committee on Economic, Social and Cultural Rights, General Comment N 13, adopted in December
1999, E/C.12/1999/10, 1:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/ae1a0b126d068e868025683c003c8b3b?Opendocument.
Page | 25

Bibliography/Webliography

Newspapers - Indian express, The Times of India , The Hindu
India UNICEF
http://mhrd.gov.in/sites/upload_files/mhrd/files/RTI1.pdf (official Website of Ministry of
Human Resource Development of India)
The Gazette Of India, August 2009
The Right To Education by Melik zden, Director of the CETIM's Human Rights
Programme
http://shodhganga.inflibnet.ac.in/bitstream/10603/8116/12/12_chapter%203.pdf