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RTE,2009 article

The right to Education Act, of 2009 created a positive impact in India with its much-needed laws and amendments. For the sake of awareness, here is the prominent information on the same. well researched.

RIGHT TO EDUCATION ACT, 2009 INTRODUCTION On August 4, 2009, the Indian Parliament passed the Right to Education Act 2009, popularly known as the RTE Act 2009. According to Article 21(A) of the Indian Constitution, it explains the necessity of free and mandatory education for children aged 6 to 14 in India. With the implementation of this act on April 1, 2010, India joined the list of 135 nations that have made education a fundamental right for all children. It establishes basic standards for elementary schools, outlaws the operation of unrecognised institutions, and opposes admissions fees and kid interviews. Through routine surveys, the Right to Education Act maintains an eye on every neighbourhood and identifies children who should have access to an education but do not. In India, there have long been significant educational issues at the national level as well as in the states. The Right to Education Act of 2009 outlines the tasks and obligations of the federal government, each state, and all local governments in order to close any gaps in the nation's educational system. HISTORY There is a significant history behind the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). During the Constitution's development, the right to education received a great deal of attention. The right to a basic education was recognised as a fundamental right by the constitutional subcommittee on fundamental rights. The Constituent Assembly's Advisory Committee, though, rejected this idea and classified it as one of the essential rights that cannot be justified. The Acharya Ramamurthy Committee included their first official recommendation for the Fundamental Right to Education in 1990. The Supreme Court initially declared the right to education to be a basic right in Mohini Jain v. Union of India (1992) 3 SCC 666. This judgement made the following observation: "Right to life" is a wide term for all rights that courts must uphold since they are essential to the dignified enjoyment of life. It encompasses the entire spectrum of actions that a person is free to engage in. The right to life is strongly related to the right to education. According to Article 21, the right to life and the dignity of the individual cannot be secured without the right to education. The State Government is required to make an effort to offer its residents educational facilities at all levels. In 1993, the Supreme Court limited the of the fundamental right to education as propounded in the Mohini Jain case in the case of J P Unnikrishnan vs. State of Andhra Pradesh 1993 SCC (1) 645. The Court observed that: The guiding principles in Part IV of the Constitution must be followed when interpreting the right to education, which encompasses the rights to life and personal liberty provided by Article 21. Chapter IV has a number of articles that express the right to education in unambiguous terms. Article 41 states: "The State, within the limits of its economic and development capacity, must effectively provide employment, education and social assistance to the unemployed, old age, disease and disability and other conditions." inappropriate situation". CONSTITUTIONAL PROVISIONS OF RIGHT TO EDUCATION ACT 2009 • Article 21-A, which states that all children between the ages of six and fourteen have the fundamental right to free and compulsory education, was added to the Constitution of India by the Constitution (Eighty-sixth Amendment) Act, 2002. • The Right of Children to Free and Compulsory Education (RTE) Act 2009, which is the follow-up legislation envisaged in Article 21A, every child has the right to a full-time primary education of sufficient and equitable quality in a formal school that meets certain basic standards and standards. FEATURES OF RIGHT TO EDUCATION ACT 2009 • The RTE Act intends to give all children between the ages of 6 and 14 access to primary education. • It declares that the right to an education is an essential one (Article 21). • The Act requires a 25% reservation for socially and economically disadvantaged groups, which include: 1) SC and ST 2) Socially backward class 3) Differently abled • Additionally, it contains procedures for placing a non-admitted child in a class with children of a similar age. • It mentions the division of duties between the Central and State Governments in terms of finances and other matters. • It contained a "no detention policy" section, however that has been eliminated by the Right of Children to Free and Compulsory Education (Amendment) Act of 2019. • Additionally, it forbids the use of teachers for non-academic tasks other than the annual census, local body elections, state assembly and parliamentary elections, and disaster relief. • It outlines the requirements for the admission and appointment of academically qualified instructors. • It forbids the following: 1) Physical and verbal abuse. 2) child admittance screening 3) capitation fee. 4) teacher's private tuition. 5) operating schools without certification. • It focuses on removing fear, trauma, and anxiety from the child through a system of kid-friendly, child centered teaching. CRITICISM OF RIGHT TO EDUCATION ACT 2009 • LACK OF QUALITY EDUCATION: The quality of education is still very low even though the RTE Act has been in effect for more than ten years. Many teachers lacked proper training. The amount of educational demands present in typical metropolitan schools is incomprehensible to students in such institutions. The dramatic decline in educational quality is also a result of insufficient provisions for disciplining teachers who breach their legal and ethical commitments with regard to the right to education. • INCIDENTS OF CORPORAL PUNISHMENTS: Although all types of punishment are categorically forbidden by Article 17 of the RTE Act, in practise there are many instances of physical punishment and mental torture, and to make matters worse, children are unaware of their legal protection against physical abuse by teachers. • LACK OF PROPER INFRASTRUCTURE: Another issue is the lack of infrastructure that is safe and secure. Many schools do not meet the requirements outlined in the Schedule of the RTE Act in conjunction with Sections 19 and 25 of the RTE Act, such as the right teacher-to-student ratio, genderseparate restrooms, ramps for the physically challenged, and other norms and standards for schools. • NO DETENTION POLICY: The 2019 legislative change added standardised annual tests in grades 5 and 8 to the no-detention rule through the eighth grade. If a student does not pass the annual exam, he is provided additional training and appears for re-examination. The student might be allowed to stay in the class if this retest is not finished. The change was made in response to numerous states declaring that standardised examinations were necessary for an accurate evaluation of children's educational attainment. The six states who are opposed to the amendment are those that have good academic achievement as a result of putting an effective CCE system into place, as required by law. (The six states are Andhra Pradesh, Karnataka, Kerala, Goa, Telangana and Maharashtra.) CONCLUSION The Right to Education Act unequivocally demonstrates the government of India's commitment to ensuring that all children receive an education. The many elements of this law amply demonstrate that education is a priority for the nation while it undergoes development. The different obligations of school boards, teachers, and other education stakeholders have been clarified by this statute. We have developed a setting where children can study that is legally protected and can act as a springboard for their future. This rule will surely have a significant impact on increasing literacy and ensuring that youngsters have their rightful place in the world. THANK – YOU