Know Your Rights| Right to education

Under the Constitution

This right guarantees free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Constitution of India.

• ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school, shall be asked to pay any kind of fee/charges/expenses which may prevent him or her from pursuing and completing elementary education.
• ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age groups.

Under the Right to Education Act, 2009

Focus:

• Providing elementary education to a child (6-14 years) who does not/could not go to school. Such child to be admitted in age appropriate class and has the right to receive special training.
• Seeks to provide children right to seek transfer from a government or govt. aided school to another such school in order to complete elementary education. Such child also has right to immediately seek a transfer certificate (TC).
• Mandates non-minority private unaided schools to reserve at least 25% of their entry level seats for children belonging disadvantaged sections to create a more integrated and inclusive schooling system.
• Mandates the appropriate government and local authorities to provide for children’s access to elementary schools within the defined area or limits of the neighbourhood.
• Lays down the responsibilities of the State and Central government for carrying out provisions of the act.
• Constitution of a School Management Committee (SMC). The role of this committee to manage, monitor and support a school in its functions.
• Indicates that within 3 years from the date of commencement of the act, the appropriate government and local authority shall insure that the Pupil Teacher Ratio (PTR) is maintained in each school.

Ensures:

• Compulsory and free education for all.
• Special provision for special classes.
• Minimum standards.
• Admission for all.
• Quality and quantity of teaching.
• All-round development.
• By the people, for the children.

Objectives:

• Ensure that every child below the age of 14 gets free and compulsory education.
• Curb the problem of illiteracy.

Ensure personal growth and in turn growth of the country.

This Article is a part of the ‘Know Your Rights’ series by Centre for Clinical Legal Education, Maharashtra National Law University, Mumbai