An Initiative for the Wellbeing and Protection of India's Children
We may all agree that education is the premise of social, economic and political development of a nation. It has been a priority for our government since the very inception of the Indian Republic.
In spite of the progression of law and policy on education, the goal of elementary and higher education in India continues to elude us. We have been granted one of the most comprehensive legislations (RTE 2009) as well as an extremely promising policy (NEP 2020) but we yet do not have any substantial evidence to prove its impact as promised during enforcement.
The idea here is not to criticize the Legislation or its implementation, but to simplify the provisions in a manner that will educate, enable and empower members of the community to ensure every child enjoys his/her Right to Education with a hope that it may facilitate the desired impact.
Article 21A of the Indian Constitution states that 'The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."
This means that every child, who is a citizen of India and is between 6 and 14 years of age must be provided an education by the government that is free of cost. Receiving an education is compulsory for children between this age bracket and an obligation on the government and guardians to ensure that the child exercises it. Whether the child avails of the education free of cost is a choice that is left to the child and his/guardians. However, the government cannot deprive any child a free education.
In addition, the education must fulfil the minimum standards as prescribed by law with respect to infrastructure, school management, curriculum, attendance, teacher qualifications etc. One can get more information in the RTE Act 2009 and the Maharashtra State Model Rules for Education here.
Please note that Education is a subject in the concurrent list of the Constitution thus rules for each State may differ.
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If you are reading this article, you are educated or at least literate and would know the value it can add to an individual's life.
The Right to Education is a fundamental right of a child and it is the duty of every adult citizen to ensure it is exercised, irrespective of our faith in the education system of the country. Our tax money is invested in this cause, so we ought to monitor the gains and losses and demand our social return on investment. Else, we will have to bare the consequences sooner or later.
If you are a parent, guardian, grandparent, uncle, aunt, neighbour, an employer to parents of children or a citizen of India, it is your duty to help any child who has been deprived of this Right or is in distress while exercising this right. The following information should help you understand the ground rules of providing help to a child with respect to his/her Right to Education.
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Please note that children are under the custody of either parents, guardians or the State. While we may represent or advocate on their behalf, the final decision making on behalf of the child lies with the legal guardians. Having said that, if the concerned citizen is convinced that there continues to be a violation of the child's right to education, one may approach the Commissions for Protection of the Rights of Child Rights with their concern. Please write to us on info@societyforthechild.com would you need more information.
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Ideally, no child, that is an individual below 18 years should be deprived an education. However, by law, education is compulsory for all children between 6 years and 14 years of age. Action may be taken against any parent, school or authority for denying a child between 6 and 14 years admission and completion of elementary education.
The constitution also guarantees early childhood education and care to children between three and six years of age in government managed anganwadis and balwadis.
Children with disability, children from weaker sections of society and children belonging to disadvantaged groups have certain special provisions under The RTE Act 2009 in order to make education more accessible to such children. Click here for more information.
Know your rights and those of the child. Action starts with awareness. Links to the laws, policies and other useful information can be accessed here.
Free and compulsory education is the Fundamental Right of a child and therefore the Duty of the Sate and citizens to help them exercise it. It is not a favour we are doing our children and therefore it cannot be compromised even partially.
Every school must be registered with the office of the District Education Officer or the State Education Department. If the school has not sought such recognition, it is an illegal outfit and any individual with this knowledge has admitted the child to such a school is accomplice to the violation of the child's right to education under the RTE Act. The Registration not only ensures compliance with the RTE norms and minimum standards of education but also holds the school and government accountable for the services they provide the child and the parents. Ensure you recommend schools are compliant and if they are not, you have the right to bring it to the notice of the concerned authority to take action.
Please note that education for children in Government Schools is free of cost while in Government Funded/aided schools is subsidised. Children studying in Private or minority schools will be charged fees as per school policy. If a child is admitted in a private school under the the RTE 25% reservation, parents will be entitled to pay fees once the child crosees 14 years.
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Advocacy: Spreading awareness and empowering guardians to educate their children. Demanding accountability from defaulting stakeholders and being a whistleblower.
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Admission: Helping out of school children (OOSC) enroll into schools. Please ensure these schools are government recognised and compliant neighbourhood schools that either provide free education or one that will be affordable for the guardians in the long term as well. Under the Act, an out of school child must be admitted to an age appropriate class and provided additional attention in order to help him/her adjust to the new environment and the expected learning levels. Fee sponsorship is a stop gap arrangement and may not be a sustainable option. It runs a risk of drop out if financial aid is withdrawn.
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Retention: Ensure a child doesn't drop out of school. Reasons responsible for dropping out may include poverty,child labour, migration, unemployment amongst parents, malnourishment/poor health, a compromise in the standard of education provided or a violation of other rights of a child by stakeholders like abuse or neglect. Seek help to identify the root cause and to solve the problem. Parents, especially those from weaker and disadvantaged groups feel helpless in such cases and assistance from compassionate fellow citizens can go a long way in helping such a family.
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Completion: Children by default will complete elementary education due to the no detention policy under the Act, unless they opt to dropout. So while it is compulsory for them to attend till Std 8 an education after Class 8 is beyond the scope of the RTE Act, 2009. Providing assistance to complete secondary education followed by higher education is the key to realising the Right to Education in its true spirit. Educating both students and parents on the importance of higher education, informing them about avenues available to for their interests and abilities, providing social, emotional and financial support through the process and intervening with your presence where required are some ways to help adolescents complete the cycle of this Right.
Citizens may engage in the Right to Education for children at multiples stages:
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Any person having any grievance relating to the right of a child under the RTE Act 2009, may make a written complaint to the local authority having jurisdiction like the District Education Office or the State Education Department.
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After receiving the complaint, the local authority must decide the matter within a period of 3 months after providing reasonable opportunity of being heard to the parties concerned.
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Any person aggravated by the decision of the local authority may refer the appeal to the State Commission for Protection of Child Rights who will then decide the case as per the provisions stated in the RTE Act 2009.
Who is the local authority?
In this respect, a Local Authority includes, "an authority or body having administrative control over the school or is empowered by or under any law for the time being in force to function as a local authority in any city/town or village."
For a better understanding following is the structure of the Maharashtra State School Education and Sports Department. The office of the Regional Deputy Director of Education or the Education Officers would be the concerned authority to initiate a grievance in Mumbai. All Government Departments are expected to publish their grievance redressal procedures on their website for the reference of citizens. Please refer to your respected state portals for more information.
