What Is Right to Education (RTE) And Details About Article 21 of Indian Constitution

What Is Right to Education (RTE) And About Article 21 of Indian Constitution, here we will talk about the Right to Education which comes under Human Rights. We will also talk about the Right to Education Act because it tells us about our rights to education, and what has changed in this is also an important fact for us. Here, we will give you complete information about the Right to Education.

RTE Full Form is Right To Education

Why is RTE In News?

India’s landmark Right to Education (RTE) Act, 2009 completes its decadal anniversary. Further, the renewed focus on skilling and higher education, the RTE remains one of the most important catalysts for India to reap its much-anticipated “demographic dividend.

What is Right to Education?

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and was enforced as a fundamental right under Article 21 of Indian Constitution

Why Right to Education Is Needed?

The Right to Education serves as a building block to ensure that every child has his or her right to get elementary education as Child Rights in India.

Constitutional Background Of RTE

Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education.

The first official document on the Right to Education was Ramamurti Committee Report in 1990.

In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21.

Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.

The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution.

The same amendment inserted Article 21A which made the Right to Education a fundamental right for children between 6-14 years.

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The 86th amendment provided for follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009.

Features of Right to Education (RTE) Act, 2009

The RTE ACT aims to provide primary education to all children aged 6 to 14 years.

It enforces Education as a Fundamental Right (Article 21).

The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged groups include:

  • SCs and STs
  • Socially Backward Class
  • Differently-abled

It also makes provisions for a non-admitted child to be admitted to an age appropriate class.

It also states that the sharing of financial and other responsibilities between the Central and State Governments.

It lays down the norms and standards related to:

  • Pupil-Teacher Ratios (PTRs)
  • Buildings and infrastructure
  • School-working days
  • Teacher-working hours.

It had a clause for “No Detention Policy” which has been removed under The Right of Children to Free and Compulsory Education (Amendment) Act, 2019 As RTE 2019.

It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.

It provides for the appointment of teachers with the requisite entry and academic qualifications.

It prohibits:

  • Physical punishment and mental harassment
  • Screening procedures for admission of children as RTE Admission
  • Capitation fee
  • Private tuition by teachers
  • Running of schools without recognition
  • It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.


Achievements of Right to Education Act, 2009

The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-8).

Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas.

More than 3.3 million students secured admission under 25% quota norm under RTE.

It made education inclusive and accessible nationwide.

Removal of “no-detention policy” has brought accountability in the elementary education system.

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The Government has also launched an integrated scheme, for school education named asSamagra Shiksha Abhiyan,which subsumes the three schemes of school education:

  • Sarva Shiksha Abhiyan (SSA)
  • Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
  • Centrally Sponsored Scheme on Teacher Education (CSSTE).

Limitations of Right to Education Act, 2009

Age group for which Right to Education is available ranges from 6 – 14 years of age only, which can be made more inclusive and encompassing by expanding it to 0 – 18 years.

There is no focus on the quality of learning, as shown by multipleASER reports,thus the RTE Act appears to be mostly input-oriented.

Five states namely Goa, Manipur, Mizoram, Sikkim, and Telangana have not even issued the notification regarding 25% seats for underprivileged children of society under the RTE.

More focus is being given over statistics of RTE rather than the quality of learning.

Lack of teachers affects pupil-teacher ratio mandated by RTE which in turn affects the quality of teaching.

Steps to Be Taken

  • Minority Religious Schools need to be brought under the RTE.
  • More focus on teacher training programs.
  • Quality of education needs to be emphasized over quantity of education.
  • Steps should be taken to make the teaching profession attractive.
  • Society as a whole needs to be supportive of education for children without biases. In the form of Education For All.

Way Forward

It has been ten years since the implementation of RTE Act, but it can be seen that it still has a long way to go to be called successful in its purpose. Creation of a conducive atmosphere and supply of resources would pave the way for a better future for individuals as well as the nation as a whole.

No Detention Policy

The no-detention policy was introduced as a part of the Continuous and Comprehensive Evaluation (CCE) under the Right to Education Act (RTE) in 2010.

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  • Under this policy, students up to Class 8 are automatically promoted to the next class without being held back even if they do not get a passing grade.
  • The policy was to ensure that no child admitted in a school shall be held back in any class or expelled from school until the completion of elementary education.

But, recently it has been removed by RTE Amendment Act, 2019.

RTE Karnataka State Education Policy (RTE 2019-20 Karnataka):

  • Every child gets the opportunity to attend school.
  • Every child attains, effectively, the minimum levels of learning.
  • Every teacher is at school.
  • The community is actively involved in the betterment of the schools, thereby encouraging a mass campaign for primary education.

Similarly, these State Education Policies Are Also Implemented In Gujrat as RTE Gujarat, In Maharastra State As RTE Maharashtra, in Tamilnadu as RTE Tamilnadu 2019

Why is Right to Consumer Education?

Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

Let Us Know About Child Rights:

They are abandoned. They do not get a chance to step in a school. They are left to fend for themselves on the streets. They suffer from many forms of violence. They do not have access to even primary healthcare. They are subjected to cruel and inhumane treatments every day. They are children – innocent, young and beautiful – who are deprived of their rights.

In the history of human rights, the rights of children are the most ratified. The United Nations Convention on the Rights of the Child (UNCRC) defines Child Rights as the minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race, national origin, colour, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics.

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These rights encompass freedom of children and their civil rights, family environment, necessary healthcare and welfare, education, leisure, and cultural activities, and special protection measures. The UNCRC outlines the fundamental human rights that should be afforded to children in four broad classifications that suitably cover all civil, political, social, economic, and cultural rights of every child:

Right to Survival:

  • Right to be born
  • Right to minimum standards of food, shelter, and clothing
  • Right to live with dignity
  • Right to health care, safe drinking water, nutritious food, a clean and safe environment, and information to help them stay healthy.

Right to Protection:

  • Right to be protected from all sorts of violence
  • Right to be protected from neglect
  • Right to be protected from physical and sexual abuse
  • Right to be protected from dangerous drugs

Right to Participation:

  • Right to freedom of opinion
  • Right to freedom of expression
  • Right to freedom of association
  • Right to information
  • Right to participate in any decision making that involves him/her directly or indirectly.

Right to Development:

  • Right to education
  • Right to learn
  • Right to relax and play
  • Right to all forms of development – emotional, mental and physical

Right To Education In India

TheRTE(Second Amendment) Bill,2017was introduced in Lok Sabha on August 11,2017to amend theRTE Actto remove the provision related to no- detention in theAct. Under theAct, no child may be detained till he completes class 8.

Fundamental Rights – Cultural and Educational Rights

Cultural and educational rights provide the rights to all section of society and it saves their culture script or language. The image of Indian society comes in our minds as a society full of diversity. In such a society with vast diversity, our Constitution believes that diversity is our strength.

Thus one of the fundamental rights is the right of the minorities to save their culture. Minorities are groups that have common language or religion and live in a particular part of the country. These communities have a culture, language, and a script of their own, and have the right to preserve and develop these.

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All minorities, religious or linguistic, can establish their own educational institutions also. In this way, they can preserve and develop their own culture. As we know democracy is the rule of the majority of people. But on the other hand, minorities are also important for its successful working. Thus, the protection of language, culture, and religion of minorities becomes important.

There is a need for this so that minorities may not feel neglected or undermined under the rule of the majority. Though people take pride in their own culture and language, a special right that is Cultural and Educational Right is available in our constitution.

President gives assent to Right of Children to Free and Compulsory Education (Amendment) Act, 2019

The Right of Children to Free and Compulsory Education (Amendment) Act, 2019 which was passed by the Parliament on January 3, 2019 received the assent of the President of India on January 10, 2019. It has now been notified in the Gazette of India.

The bill seeks to do away with the no-detention policy in schools. The motion to pass the bill was accepted by voice vote in the upper house of the Parliament, the Rajya Sabha.

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Union Minister for Human Resources Development Prakash Javadekar’s motion to amend the name of the bill to reflect that it was passed in 2019 was also accepted by voice vote. The Lok Sabha had already passed the bill in July 2018.

We hope you liked reading our article on Right To Education (RTE) | Article 21 of Indian Constitution and it will prove helpful in your upcoming exams.

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