Elementary Education.docx

ELEMENTARY EDUCATION Submitted by

Roll No.:

-

Class: - 3rd Semester Of Faculty of Law

In 09/2017 Under the guidance of (ASSISTANT PROFESSOR) =

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my Ass. Prof., who gave me the golden opportunity to do this wonderful topic Elementary Education, which also helped me in doing a lot of Research and I came to know about so many new things I am really thankful to them.

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TABLE OF CONTENT

SR. NO

TOPIC

PAGE. NO

01)

INTRODUCTION

04

02)

RIGHT TO EDUCATION

05-06

03)

ELEMENTARY EDUCATION

07-08

04)

FREE AND COMPULSORY EDUCATION

08-09

05)

RIGHT TO EDUCATION AS A FUNDAMNTAL RIGHT

09-10

06)

CONCLUSION

11

07)

BIBLIOGRAPHY

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INTRODUCTION 'The Right of Children to Free and Compulsory Education Act' or 'Right to Education Act also known as RTE', is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution.] India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a right based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution.

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RIGHT TO EDUCATION

The Constitution (Eighty-Sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a right based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.1

The RTE Act provides for the: 

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.



It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’

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means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. 

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



It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.



It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.



It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. 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 appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.



It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,



It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

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ELEMENTARY EDUCATION Every child of India in the 6 to 14 years age group; has a right to free and compulsory education in a neighbourhood school till the completion of elementary education. 2. Children who have either dropped out from the school or have not attended any school will be enrolled in the schools and no school can deny them for taking admission. 3. Private and unaided educational institutes will have to reserve 25 percent of the seats for the students belonging to economically weaker section and disadvantaged section of the society in admission to class first (to be reimbursed by the state as part of the public-private partnership plan). 4. All schools except government schools are required to be recognized by meeting the specified norms and standards within 3 years, failing of which they will be penalized for up to Rs. one lakh. It also prohibits all unrecognized schools from practice and makes provisions for no donation or capitation fees and no interview of the child or parent at the time of admission. 5. For the purpose of admission in a school, the age of a child shall be determined on the basis of certificate issued in accordance with the provisions of the Births, Deaths and marriages Registration Act, 1856 or on the basis of such other document, as may be prescribed. 6. The National Commission for Protection of Child Rights (NCPCR) and state commissions will monitor the implementation of the Act. 7. All schools except private unaided schools are to be managed by school managing committees with 75 percent parents and guardians as members. 8. Child’s mother tongue as medium of instruction, and comprehensive and continuous evaluation system of child’s performance will be employed. 9. Financial burdens will be shared by the centre and the state governments in the ratio of 55:45 and this ratio is 90:10 for the northeastern states. In India acts are framed but they are not implemented with the true spirit which derails the wheel of progress of our nation. We lack in commitment, zeal and responsibility to make the act effective. Different kinds of rights require different kinds of approaches such as freedom to speech do not require the government official machinery to provide everybody a microphone. Similarly, right to religious freedom does not compel the state and central government to construct the religious places like temples and Gurudwaras, mosques etc. so that citizens could exercise their right. But the Right to Education act makes 7|Page

responsible all the parties to play their respective roles as state and central governments are responsible for the development of infra-structure like schools, curriculum, teacher- trainees, teachers and their recruitments, placement, new policies etc. Likewise, private institutes have to welcome the children irrespective of any discrimination like caste, colour, sex, race etc. and to provide stress free environment devoid of any kind of corporal punishment.

FREE AND COMPULSORY EDUCATION

'The Right of Children to Free and Compulsory Education Act' or 'Right to Education Act also known as RTE', is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a right based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.17 The RTE Act provides for the: Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory 8|Page

education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. 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 appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition. It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

RIGHT TO EDUCATION AS A FUNDAMENTAL RIGHT

Nearly eight years after the Constitution was amended to make education a fundamental right, the government on Thursday implemented a historic law to provide free and compulsory education to all children in age group of 6-14 years. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year. Both the Constitutional amendment and the new law came into force from Thursday. The new law makes it obligatory on part of the state governments and local bodies to ensure that every child gets education in a school in the neighbourhood.

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Its implementation will directly benefit close to one crore children who do not go to schools at present. These children, who have either dropped out from schools or have never been to any educational institution, will be enrolled in schools. The Right to Education is being touted by the UPA government as another major achievement after Right to Information Act and National Rural Employment Guarantee Act. At present, there are nearly 22 crore children in the relevant age group. However, 4.6 per cent of these children (nearly 92 lakh) are out of school, a ministry official said. The school management committee or the local authority will identify the drop-outs or out of school children above six years of age and admit them in classes appropriate to their age after giving special training. The Act makes it a right of every child to get education. The Act makes it obligatory for the appropriate governments to ensure that every child gets free elementary education. The Act mandates that even private educational institutions have to reserve 25 per cent seats for children from weaker sections. Certain schools have already challenged the law in the Supreme Court as being "unconstitutional" and violating fundamental rights of unaided private educational institutions. However, HRD Minister Kapil Sibal has said that legal process would not affect the implementation of law. The Finance Commission has provided Rs 25,000 crore to the states for implementation of the Act. As per the government's estimate, there will be a requirement of Rs 1.71 lakh crore in the next five years for implementation of the Act. Sibal said that the government has arranged the required funds for implementing the law.

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CONCLUSION Elementary education clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. To make the Elementary education system viable i.e. to ensure completion, to stop the trend of dropping out, to enhance the quality of education and teaching, a lot of measure are needed. For this, it is impossible only for the government to shoulder the responsibility of improving the situation. The non-government organisations and civil organisations should come forward with massive programs of mass educations. Hence, our civil society must be more active in making the education a social movement and make the people aware of it.

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BIBLIOGRAPHY   

Indian constitutional law (M.P Jain) 7th edition. The constitution of India (J.N Pandey). Bare act constitutional law 2017.

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