Article:
The Delhi High Court has recently prompted the Central government to address a petition seeking action against relevant authorities. At the heart of this legal challenge is the lack of decision regarding the extension of free education under the Right To Education (RTE) Act for children from Economically Weaker Section (EWS), beyond Class 8 and extending up to Class 12.
Constitutional Provisions for Right To Education
Initially, Part IV of the Indian Constitution, specifically Article 45 and Article 39 (f) of the Directive Principles of State Policy (DPSP), constituted a provision for state-funded, equitable, and accessible education. The inaugural official document outlining the Right to Education surfaced in the Ramamurti Committee Report in 1990. Following this, in 1993, the Supreme Court’s groundbreaking judgment in Unnikrishnan JP vs State of Andhra Pradesh & Others decreed that Education is a Fundamental right, stemming from Article 21.
The Evolution of the Right to Education Act
In 1999, the Tapas Majumdar Committee was established, leading to the insertion of Article 21A. Subsequently, the 86th Constitutional Amendment in 2002 recognized the Right to Education as a fundamental right in Part-III of the Constitution. This amendment inserted Article 21A, extending the Right to Education to children aged between 6-14 years. In a follow-up legislation, the aptly named Right to Education Act was passed in 2009.
Features of the RTE Act, 2009
The RTE Act’s primary aim is ensuring primary education for all children aged 6 to 14 years. It mandates that private, non-minority, self-supported schools reserve at least 25% of seats in entry-level grades for children from economically weaker and disadvantaged groups. Additionally, the Act allows a non-enrolled child to be admitted to an age-appropriate class and shares financial and other responsibilities between Central and State Governments. This legislation also lays down norms and standards related to Pupil Teacher Ratios (PTRs), Buildings and infrastructure, School-working days, and Teacher-working hours.
Fair Treatment & Responsibilities
RTE Act also prohibits deployment of teachers for non-educational work, except for tasks like decennial census, elections to local authority, state legislatures, and parliament, and disaster relief. It further regulates the appointment of teachers and bans physical punishment and mental harassment, screening procedures for admission of children, capitation fee, private tuition by teachers, and running of schools without recognition.
Argument for Extension of Free Education under RTE
Beyond Class 8, there is a substantial financial burden for parents of EWS children attending private schools. This economic strain often forces students to switch from private to government schools, which could potentially impact their state of mind and impede education. Therefore, extending RTE benefits beyond Class 8 would ensure educational continuity.
EWS Reservation in Higher Education
The 103rd Constitutional Amendment Act introduced a 10% quota for EWS in jobs and educational institute admissions, amending Articles 15 and 16. This provision was enacted to promote welfare for the poor not covered by the 50% reservation policy for Scheduled Castes, Scheduled Tribes, and Socially and Educationally Backward Classes (SEBC). This amendment empowers both the Centre and the states to provide reservation to the EWS of society.
Last Modified: February 11, 2024