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Posted by on Jan 16, 2014 in Right to Education |

Right to Education (Part I)

The act provides free & compulsory elementary education to every child of age b/w 6-14 yrs. This act is enacted to implement Supreme Court decision (1993) that every citizen of India has right to education until age of 14 years and 86th constitutional amendment 2002 that insert an article 21A to provide citizen of India a fundamental of right to education till age of 14 yrs. Also act is enacted to achieve targets of Millennium Development Goals (MDG) of United Nations.

Preliminary

  • ‘School’ – all govt aided private schools except minority schools (Amendment 2012) i.e. religious or linguistic minority schools are not obliged to provide reservation to disadvantaged section.

Right to Free & Compulsory Elementary Education (Section 3 & 4)

  • Right to free and compulsory elementary education for every child of age 6-14 yrs in neighborhood school.
  • A child above six years of age who is not enrolled in school or was unable to complete his education shall be enrolled in an age appropriate class. Furthermore,
  • These children have a right to receive special training in order to reach their peer group level.
  • The SMC/local authority shall identify children requiring special training and organise training as per specified material by academic authority for training under supervision of school teachers or specially appoint teachers.
  • The time period for special training shall be between 3 months – 2yrs. Elementary education shall be free until completion, even if the child is older than 14 years.
  • No child shall be held back or expelled or required to pass a board examination till the completion of elementary education. Every student who completed elementary education shall be awarded with a certificate.
  •  No child shall be subject to physical punishment or mental harassment. Those officials that contravene this provision shall be liable for disciplinary action under the applicable service rules.

 

Duties of Appropriate Govt & Local Authority (Section 6-9)

  • The State govt shall be established school in a walking distance of 1km for students of class I-V and in a walking distance of 3km for students of class VI-VIII (precautions shall be taken by appropriate govt in case of danger areas such as landslides etc.) within a 3year from commencement of this act.
  • The state govt/local authority shall make safe transporting arrangements for disabled children to attend school and complete elementary education.
  • The state govt shall ensure that all child’s in all schools (include unaided schools) shall be entitled to free text books, writing materials and uniforms and there will be no discrimination with disadvantaged/weaker section group children on any grounds.
  • The Local authority shall maintain records of all children from their birth to age of 14 yrs by household survey, updated each year and also maintain transparency in records.

Duties of School & Teachers (section 12-20)

  • As per section 12(1) clause c, every unaided school shall admit at least 25% students in class I from economic weaker section & disadvantaged group. Also other schools shall maintain ratio of 25% and admit students in age appropriate class as well as identified by SMC/Local authority.
  • All unaided school shall be reimbursed by appropriate govt provided that such amount shall not be exceeded per child expenditure incurred by Govt School & a separate bank a/c shall be maintained.
  • The bill prohibits school from using screening procedure and charging a capitation fee during admission of a child. Both offences are punishable with a fine.
  • No child shall be denied admission after extended period (6 months after academic year) and on basis of lack of age proof.
  • No school to be established without obtaining certificate of recognition from mentioned authority (District Education Officer) after commencement of act & every established school shall fulfil norms & standards specified in schedule at its own expenses within three year of commencement of act.
  • The central govt have power to amend norms & standards mentioned in schedule.
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