The National Commission for Protection of Child Rights (NCPCR) recently raised objections over the new guidelines issued by the Rajasthan government on elementary education. The commission contends that these regulations infringe upon the provisions set by the Right to Education (RTE) Act, 2009, thereby denying economically disadvantaged children access to free education at the nursery level.
New Guidelines Issued by Rajasthan Government
The Department of School Education in Rajasthan has stipulated that the admissions process for private schools under the RTE Act for the academic year 2020-21 would commence only from class 1 or higher, effectively excluding preschoolers, or children at the nursery level. The recommended age for admission has been defined as “5 years or above but less than 7 years as of 31st March 2020”.
Violations Against the RTE Act
The newly established guidelines have been deemed to be in violation of the RTE Act 2009, which states that at least 25% of a private school’s class strength should comprise children from economically weaker sections and disadvantaged groups. While the Rajasthan guidelines restrict admissible children to below 7 years, the RTE Act permits the admission of all children aged between six and fourteen years.
NCPCR’s Stance on the New Guidelines
The NCPCR has urged the state to reevaluate these guidelines in accordance with the Act and make the necessary modifications to prevent any hindrance to children’s education.
About the National Commission for Protection of Child Rights (NCPCR)
Established in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005, the NCPCR is a statutory body overseen by the Ministry of Women and Child Development. Its primary mandate is to ensure that all laws, policies, programmes, and administrative mechanisms comply with the child rights perspective entrenched in the Indian Constitution and the United Nations Convention on the Rights of the Child, 1989. Additionally, the commission monitors the enforcement of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and can inquire into complaints about violation of the law while summoning individuals, demanding evidence, and seeking a magisterial inquiry.
Historical Background of Right to Education
The roots of Right to Education trace back to the Directive Principles of State Policy (DPSP) featured in Part IV of the Indian Constitution, which includes Article 45 and Article 39(f) that advocate for state-funded, equitable and accessible education. The first official documentation of this right came with the Ramamurti Committee Report in 1990. Subsequently, several landmark rulings and amendments fortified its status as a fundamental right.
Features of the RTE Act, 2009
Formulated with the objective of providing primary education to all children aged between 6 to 14 years, the RTE Act enforces education as a fundamental right under Article 21. It requires private schools to reserve 25% of their seats for disadvantaged sections of society. Additionally, the Act encompasses several provisions related to child and teacher rights, prohibits certain practices, and sets norms and standards related to various aspects of schooling.
Way Forward
More than a decade has passed since the enactment of the RTE Act, but there is still significant progress needed for it to successfully fulfill its purpose. The creation of a conducive atmosphere and provision of adequate resources are essential steps towards ensuring a brighter future for both individuals and the nation as a whole.
