A couple of days ago, the central cabinet approved the National Education Policy 2020. Section 8.8 in Part I of the NEP 2020 seeks a revision of the RTE Act, 2009 to make room for some of its provisions. In this blog, we will first take a look at the RTE Act, 2009 and discuss the changes that the NEP seeks to make, as well.
Background
Since its inception in 1950, the Indian Constitution acknowledged our children’s right to education. However, it lied under the Directive Principes in Part IV of the Constitution and remained a non-justiciable right (not enforceable by a court of law). It was not until the year 2002 that the Constitution was amended (86th Amendment) that the Right of Children to Free and Compulsory Elementary Education was given its due importance and recognised as a justiciable right. Later, the Right of Children to Free and Compulsory Elementary Education Act, 2009 (the legislature accompanying the 86th Amendment) took another seven years to get the then President’s assent in August 2009 and has been in effect since April 1, 2010.
Read more on three types of rights and justiciable v. non-justiciable rights.
Six key provisions of the RTE Act, 2009 is discussed below. As will be evident, the NEP does take a different route with regard to some ideals and provisions of the RTE Act but it also reinforces and improves on some.
1. Eight years of compulsory education
Children between the age of six and fourteen have a right to eight years of free and compulsory education under the RTE Act, 2009. This right is justiciable (enforceable by a court of law) and the legislation has a grievance redressal mechanism.
What’s changing? The National Education Policy 2020 seeks to expand the ambit of free and compulsory education to include three years of early childhood education and four years of secondary and senior secondary education. Of these, two years of early childhood education will be delivered at Anganwadi centres and the later one year at a nearby primary school under teachers trained specifically for early childhood care and education.
2. Enrollment in an age-appropriate grade
The RTE Act, 2009 provides for the admission of children to a Grade appropriate to their age. Children enrolled at a later age have a right to receive special training to help them come at par with their peers.
The original legislation had also prohibited detention of children on grounds of failing in exams. It was changed in a later amendment passed in the year 2019.
3. Schooling in a neighbourhood school
The RTE Act, 2009 mandates the appropriate Government to establish schools within a specific/ geographical area limit of every neighbourhood. Different state governments have specified different limits appropriate for their State. The Bihar State Free and Compulsory Education of Children Rules, 2011 mandates the state government of Bihar to establish and maintain a primary school within 1 Km of reach of every child and a secondary school within 3 Kms of reach of every child.
What’s changing? Section 8 of NPE 2020 discusses the operational problems in maintaining a large number of schools and provides for rationalization of small schools by the year 2025. The concept of rationalizing small schools and has already been in different phases of implementation in States such as Bihar, Madhya Pradesh, Rajasthan, etc.
Read this column piece for a detailed analysis of school rationalization policies.
4. Zero tolerance to discrimination
The RTE Act, 2009 is particularly strict on instances of discrimination against children with disabilities, children belonging weaker section and/or disadvantaged group. The legislation defines the disadvantaged group to include children belonging to
“the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification,” Section 2(d), RTE Act, 2009.
What’s changing? Nothing! The NEP 2020 takes an even stronger stand on the policy of zero tolerance to discrimination. It goes a step further and recommends changes in curricula to make it appropriate for children of all backgrounds.
5. Sets a minimum requirement
The RTE Act, 2009 defines a minimum benchmark in infrastructure requirements and teachers’ qualification. The benchmark is targeted to address the infrastructural and qualification gaps that obstructed an appropriate learning environment at schools. It includes the availability of basic infrastructures such as separate bathrooms for boys and girls, availability of playground, an appropriate number of classrooms, a minimum teacher-pupil ratio. The legislation also sets a minimum qualification benchmark for teachers. Schools, run either by the State or privately-owned, that do not adhere to these requirements cannot be given recognition and/or can have their recognition repealed.
What’s changing? NEP 2020 calls this an overemphasis on inputs. It also seeks some relaxation to this minimum standard in order to address the challenges of practicalities on the ground.
“The overemphasis on inputs, and the mechanistic nature of their specifications – physical and infrastructural – will be changed and the requirements be made more responsive to realities on the ground, e.g. regarding land areas and room sizes, practicalities of playgrounds in urban areas, etc. These mandates will be adjusted and loosened, leaving suitable flexibility for each school to make its own decisions based on local needs and constraints, but without in any way compromising on the requirements of safety, security, and a pleasant and productive learning space. Educational outcomes will be given due importance and will be added adequately in the assessment of schools.” Section 8.8, NPE 2020
6. 25% quota for poor children in private schools
Section 12(1)(c) of the RTE Act, 2009 makes it mandatory for private schools to enrol and provide free of cost education to children belonging to the disadvantaged background. Under this section, 25% of entry-level enrollment at private schools should be earmarked for these children. These private schools are also mandated to provide dress and essential stationery for these children until Grade VIII. The expense of the education of these children is reimbursed to these private schools at a per-pupil cost that equals the per-pupil expenditure at a government school.
What’s changing? The final version of NEP 2020 seems to have dropped its remark on this section of the RTE Act, 2009. An earlier draft version, however, did suggest to do away with this requirement.
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