right to education in india

8/11/2019 Right to Education in India

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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:

26th

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 Educationis 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 hardwork 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 pathtowards 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

RTERight To Education

FRsFundamental Rights

FDsFundamental Duties

DPSPsDirective Principle of State Policies

No. Number

Sect.Section

NEPNational Education Policy

UNICEFUnited Nations International Childrens Emergency Fund

CETIMCentre Europe-Tiers Monde (Europe Third World Centre)

SCPCRState Commission for Protection of Child Rights

ASERAnnual status of Education Report

NGOsNon - Governmental Organization

CCEContinuous 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 1stadopted 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 CompulsoryEducation 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 afundamental 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 andsub clauses which describes in details the rules and regulations for admission of children in

school. This act shall extend to whole of Indiaexcept the state Jammu and Kashmir.3

Key Features of Right of Chi ldren for Fr ee 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 accordancewith 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 oron the basis of such other document, as

may be prescribed. No child shall bedenied 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 percentparents 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 admissionon 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 isrequired.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 anybodycan 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 thesymptoms 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 1ststep 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 1st nitch towards success in field of education.Following are the reasons why there is need of Education Committee at that time and these veryreasons 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 2nd big achievement in the process occurred in the year 1986 with the Introduction ofNational 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 inprivate schools. 6.

6. Seethalakshmi, S. (July 14, 2006). "Centre buries Right to Education BillIndiaThe 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 20097as 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, ManmohanSingh, Prime Minister of India stated that, " We are committed to ensur ing that all

chi ldr en, ir respective of gender and social category, have access to education. An

education that enables them to acquir e the ski l ls, knowledge, values and attitudes

necessary to become responsible and active cit izens of I ndia."8

7. "The Right of Children to Free and Compulsory Education Act, 2009 notified". Press Information Bureau

September 3, 20098. "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 andcommunities, 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 joinedthe 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 disadvantaged

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 orsuch other factor and this is the 1stand the primary motiveof 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 theUniversal Declaration of Human Rights

10, the International Covenant on Economic, Social

and Cultural Rights (ICESCR)11

and theConvention 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

UNESCOhas formulated the definition as follows:

The word education implied the entire process of social lifeby 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 humanpersonality and the sense of its dignity, and shall strengthen the respect for human rights andfundamental freedoms. They further agree that education shall enable all persons to participateeffectively in a free society, promote understanding, tolerance and friendship among all nationsand all racial, ethnic or religious groups, and further the activities of the United Nations for themaintenance ofpeace.

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

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


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(b) The development of respect for human rights and fundamental freedoms, and for theprinciples 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 fromwhich 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 ofunderstanding, 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 befollowedby 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 alsorealizes child his/her duties towards society and country and satisfies the very purpose ofEducation.


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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 aprovision for special training of school drop-outs to bring them up to par with students of

the same age.

Quality of EducationTo 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 andprograms 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 GuardiansFreedom to Choose Educational InstitutionsArticle 13.3 of

the International Covenant on Economic, Social and Cultural Rights provides for parents

and legal guardians to choose for their childrenschools, 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 toeducation 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 laiddown 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 Schoolsof the abovementioned 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 Standardquality.

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 thesecommittees 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 thisreason 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 theMerits 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 provedas 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 oneincludes :

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, schoolmaterial, 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 womenand 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 millionilliterate adults are women.13

Privatization - As is the case in other sectors, neo-liberal policies promoted by theinternational financial and trade institutions commodify the education sector. Theseinstitutions 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 properand 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, October2008
http://www.unesco.org/en/efa-international-coordination/the-efa-movement/10-things-to-knowabouthttp://www.unesco.org/en/efa-international-coordination/the-efa-movement/10-things-to-knowabouthttp://www.unesco.org/en/efa-international-coordination/the-efa-movement/10-things-to-knowabouthttp://www.unesco.org/en/efa-international-coordination/the-efa-movement/10-things-to-knowabout


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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


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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 sixyears 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 forbeing ineffective16and 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 allrecognized 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 onpolitical 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, alongwith 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 suchdocuments, even though they are willing to do so. As a result, schools are not admitting them, asthey 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


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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 changesthat 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 almostimpossible 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 periodfor 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 andreduce 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 . Morethan 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'sflagship 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 toimplement some form of CCE as they understand it," Chavan has written in ASER 2012.1819

18. The Indian Express , April 6 2013 edition

19. The Times of India , April 6 2013 edition


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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 hashappened 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.


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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
http://mhrd.gov.in/sites/upload_files/mhrd/files/RTI1.pdfhttp://mhrd.gov.in/sites/upload_files/mhrd/files/RTI1.pdfhttp://shodhganga.inflibnet.ac.in/bitstream/10603/8116/12/12_chapter%203.pdfhttp://shodhganga.inflibnet.ac.in/bitstream/10603/8116/12/12_chapter%203.pdfhttp://shodhganga.inflibnet.ac.in/bitstream/10603/8116/12/12_chapter%203.pdfhttp://mhrd.gov.in/sites/upload_files/mhrd/files/RTI1.pdf

right to education in india

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