Tuesday, September 3, 2013

Right to Education Act 2009



Education is the backbone of India
                Amartya Sen, Nobel Laureate
Education is a fundamental right of every human being. It lays the foundation for the development of society. The Indian Parliament enacted the Right to Education Act in 2009, to provide free and compulsory education to all children in the age group of six to fourteen years. The Act notifies that it is a legally enforceable duty of the Centre and the States to provide free and compulsory education.

 In 1950, India made a Constitutional commitment to provide free and compulsory education to all children up to the age of 14, by adding this provision in article 45 of the Directive Principles of State Policy.
With the Constitution (Eighty-Sixth) Amendment Act on 12th December 2002, Article 21A was amended in order to introduce Right to Education as a fundamental right. The Right to Education Bill, 2005 - PDF file that opens in a new window   was introduced to give effect to the Constitution (Eighty-Sixth) Amendment Act.- PDF file that opens in a new windon 12th December 2002, Article 21A was amended in order to introduce Right to Education as a fundamental right. The Right to Education Bill, 2005 (121 KB)- PDF file that opens in a new wind   was introduced to give effect to the Constitution (Eighty-Sixth) Amendment Act.
The Right of Children to Free and Compulsory Education Act finally came into force on 1st April 2010. With the implementation of this Act, it is expected that issues of school drop out, out-of-school children, quality of education and availability of trained teachers will be addressed in the short to medium term plans.
MAJOR PROVISIONS OF THE ACT
The National Commission for Protection of Child Rights (NCPCR)- External website that opens in a new window  has been designated as the agency to monitor provisions of the Act.
Main provisions of the Act:
  • Every child between the ages of six to fourteen years shall have the right to free and compulsory education in a neighbourhood school, till completion of elementary education- External website that opens in a new window .
  • No child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
  • Where a child above six years of age has not been admitted to 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.
  • The appropriate government and local authority shall establish a school, if it is not established, within the given area in a period of three years from the commencement of this Act.
  • The Central and the State Governments shall have concurrent responsibility for providing funds for carrying out the provisions of this Act.
As per the provision of the Act, the Central Government has authorised the National Council of Educational Research & Training (NCERT)- External website that opens in a new window  as the academic authority to lay down the curriculum and evaluation procedure for elementary education and develop a framework of national curriculum.
This Act is an essential step towards improving each child's accessibility to secondary- External website that opens in a new window  and higher education- External website that opens in a new window . The Act also contains specific provisions for disadvantaged groups, such as child labourers, migrant children, children with special needs, or those who have a disadvantage owing to social, cultural, economical, geographical, linguistic, gender or any such factor.

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