Education develops the physical, mental, emotional and overall development of the child’s personality. The government started the Right to Free and Compulsory Education Scheme to make children fully educated. 86th Amendment Act, 2002 inserted Article 21-A in the Constitution of India provides for free and compulsory education for all children of the age of six to fourteen years As a fundamental right. Here we are going to know in detail about the benefits of children’s right to free and compulsory education which is an important topic for examinations like CTET, REET.
Right of Children to Free and Compulsory Education (Amendment) Rules, 2024
The Right of Children to Free and Compulsory Education (Amendment) Rules, 2024 have been introduced by the Central Government under the powers conferred by Section 38 of the Right of Children to Free and Compulsory Education Act, 2009. These amendments aim to refine promotion and examination policies for students in elementary education, especially for classes V and VIII. Key provisions of these amendments include:
- Regular examinations and re-examinations: Students of Class V and Class VIII have to undergo regular examinations at the end of every academic year. If a student fails to meet the promotion criteria, they will be given additional instructions and an opportunity to re-sit the examination within two months of the declaration of the result.
- holding back policy: If a student fails in the examination again, he/she will be held back in his/her current class. However, throughout this period, the class teacher will identify the student’s learning gaps and provide special guidance to both the child and their parents.
- competency-based assessment: Examinations and re-examinations will focus on competency development rather than memorization and procedural skills. This is in line with the holistic development approach emphasized in the rules.
- no removal: The amendment clarifies that no child can be expelled from school unless he has completed elementary education.
Download RTE 2024 Note PDF
Children’s right to free and compulsory education
86th Constitutional Amendment, 2002
- Article 21-A inserted in fundamental rights
- The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may determine by law.
- The Right of Children to Free and Compulsory Education Act 2009 was notified on 27 August 2009.
- This Act will come into force from 1 April 2010
Act: Child Rights
- defines ‘free’ as overcome any financial obstacles by the state which prevents a child from completing eight years of schooling
- Compulsory means- mandatory admission, attendance and completion of EE.
- and defines ‘compulsion’ Obligation on state/local bodies, Instead of targeting parents, it is the fundamental duty of parents to send children to school
- Not enrolled/dropout children should be admitted to age-appropriate classes
- Special training to enable such children to become equal to others
- The child so admitted is entitled to complete EE even after the age of 14 years
- Reduces hurdles like birth certificate, transfer certificate etc.
- No child will be subjected to psychological exploitation by calling him ‘failed’ in any class till class 8 or by expelling him from the school.
- Ban on physical punishment, mental harassment
- Provide education facilities in the neighborhood within 3 years
teachers
- The qualification for appointment of teachers will be determined by the educational authority authorized by the Central Government
- Determines the academic responsibilities of teachers
- Ban on private tuition by teachers
- Prohibits deployment of teachers for non-academic purposes, except for decennial census, disaster relief and elections
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- Requirement of additional teachers to maintain PTR – within 6 months
| at primary level | |
| Children up to 60 years of age were given admission | Two |
| between 61 and 90 | Three |
| between 91 to 120 | Four |
| between 121 to 200 | five |
| above 150 | 5 teachers + one headmaster |
| above 200 | Student-teacher ratio 1:40 (except head teacher) |
at upper upper primary level
At least one teacher for each class, so that there is at least one teacher for each class
- Science and Mathematics;
- Social Studies;
- Languages
At least one teacher for every thirty-five children.
Where the admission of children is above a hundred
- a full-time head teacher;
- For part-time trainers –
(a) art education;
(b) health and physical education;
(c) Work education.
Minimum number of working days
| working days in an academic year | |
|---|---|
| (i) Class 1 to 5 | 200 days |
| (ii) Class 6 to 8 | 220 days |
| Instructional hours in an academic year | |
| (i) Class 1 to 5 | 800 hours |
| (ii) Class 6 to 8 | 1000 hours |
Syllabus
- Courses prescribed by the prescribed educational authority:
- be consistent with constitutional values
- Make the child free from fear, trauma and anxiety
- Be child-centred, child-friendly; Facilitate learning through activities, discovery and exploration
- Medium of instruction – Child’s mother tongue as far as possible
- Provide comprehensive and ongoing evaluation
- No board exams until completion of EE
appropriate government, local authority
- Ensure free and compulsory education
- Provide schools in the neighborhood within 3 years
- Children from weaker sections and disadvantaged groups will not be discriminated against.
- Infrastructure, school buildings, teaching staff, teaching equipment
- To maintain records of children up to the age of fourteen years residing within its jurisdiction in such manner as may be prescribed;
- Special training to enable previously unenrolled or drop-out children to catch up with others
- Monitoring of admission, attendance, completion of EE
Responsibilities of State Government & Local Authorities
- Good quality EE conforming to specified norms and standards
- Timely determination of curriculum, courses of study, training of teachers
Additional responsibilities for local authorities
- ensuring admission of children from migrant families;
- To monitor the functioning of schools in its jurisdiction; And
- Decide the academic calendar.
teacher’s educational responsibility
- Maintain regularity and punctuality in attending school;
- Conducting and completing courses in accordance with the provisions of sub-section (2) of section 29;
- Complete the entire course within the specified time;
- Assess each child’s learning ability and supplement accordingly
- Additional instructions, if any, as required;
- Hold regular meetings with parents and guardians and keep them informed
- Regularity in attendance, ability to learn, progress in learning etc.
- Other relevant information about the child; And
- To perform such other duties as may be prescribed.
protection of rights
- Act assigns additional functions to NCPCR/SCPCR
- Examine and review the safeguards for rights under this Act, recommend measures for effective implementation
- To investigate complaints related to the right of children to free and compulsory education.
- NCPCR/SCPCR has been entrusted with powers under Section 14 and 24 of the Protection of Child Rights Act
- Where SCPCR has not been constituted, the appropriate Government may constitute an authority
Children’s right to free and compulsory education PDF link
Candidates preparing for teaching examinations like CTET must find important notes related to the topic “Right of Children to Free and Compulsory Education”. These notes can be found in detail in the PDF that we are attaching with this article. Candidates will find the PDF very useful. Download the PDF and select Hole in the Wall.
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