1.Introduction
The Act of Right of Children to Free and Compulsory Education(Amendment) Act, 2019 was enacted by parliament in the 69th year of the Republic of India.The Act was passed by the Parliament on 3 January,2019 and received the assent of the President on the10th January,2019 to amend the Right of Children to Free and Compulsory Education Act, 2009.Recommendations made in 165th report on "Free and Compulsory Education for Children" by Law Commission of India resulted in the enactment of The Right Of Children To Free And Compulsory Education Act, 2009 which outlines the requirements for free and compulsory education for children in India between the ages of six and fourteen in accordance with Article 21-A of the Indian Constitution.
This act is intended to be a place of creating a shared educational environment through the concept of neighbourhood schools originated with the National System of Education.This type of neighbourhood school system,s objective is to create a common area where children from all backgrounds caste, class, and genderlearn together in the most inclusive way possible.[1] In order to close inequalities in the educational system and raise the standard of education across the nation, the Right to Education Act of 2009 delineates the roles and obligations of the central, state, and municipal governments.
2.Right To Education In Indian Constitution
In the case Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992 a citizen of the state of Uttar Pradesh contested a notice that the government of Karnataka had released, allowing private medical colleges to charge students who weren't given "government seats' ' additional tuition. The Indian Supreme Court ruled that the private educational institutions' imposition of a "capitation fee'' was an infringement on the right to education, which is inferred from the rights to human dignity and life one of the fundamental right guaranteed under Article 21, as well as the right to equal protection under the law under Article 14.[2] Every child has the fundamental right to full-time elementary education of a satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards under Article 21-A , which was inserted by the Constitution (86th Amendment) Act, 2002.The most recent case of Action Committee Unaided Recognised Schools v. Justice For All (2021) also highlighted that the state cannot be exempted from its obligations under Article 21-A and RTE Act to Economically Weaker Section and Underprivileged children between 6 to 14 in providing the required online education through computer based equipment and access to online facilities during Covid-19.
In the 1996 ruling in MC Mehta vs. State of Tamil Nadu Ors Writ Petition (C) and University of Delhi v. Shri Anand Vardhan Chandal, 1998 (5) on November 23, 1948,the Supreme court stated that the Article 45 had obtained the status of fundamental right following the judgement in Unni Krishnan, J.P. Ors. v. State of Andhra Pradesh Ors.This case brought to light about state's lack of fervour in addressing the issue and its inability to completely eradicate child labour. Article 45 mandates that the Indian State "provide free and compulsory education for all children until they complete the age of fourteen years within a period of ten years from the commencement of the Constitution" (original Article 456, Part IV). "Promote with special care the educational and economic interests.of the Scheduled Castes and the Scheduled Tribes," is the State's mandate as stated in Article 46.Articles 41 and 45 were added to Chapter IV of the Constitution in the hopes that it would serve the purpose of every child getting free and compulsory education.The drafters of the Legislation of Indian Constitution considered education as a basic fundamental right to achieve equality, as evidenced by the fact that it is mentioned in three of Part IV's articles (Articles 41, 45, and 46). Education is mentioned in a few of the Articles of Part III, specifically Articles 29 and 30.
3.International Conventions
Treaties between countries are legally binding and generate obligations, but each country must ratify a treaty in order for it to have legal force.On September 26, 1924, the five-principle Geneva Declaration was ratified. It stipulated that children must be given the resources they need for their physical and spiritual growth and that they must receive an education and be shielded from exploitation. Following that, the historic 1948 Universal Declaration of Human Rights declared that children are entitled to extra support and care.Article 26 of the 1948 Universal Declaration of Human Rights (UDHR) declares that "everyone has the right to education." at least in the basic and elementary levels.Many treaties like UNESCO Convention against Discrimination in Education (1960),International Covenant on the Elimination of All Forms of Racial Discrimination(also in education) (1965),Convention on the Rights of the Child (1989),ILO Conventions have been formed later which recognise the right to education under international law.On 20th November, 1989 the General Assembly of United Nations adopted the Declaration of Convention on the Rights of the Child.The right to survival,right to protection,Right to development,Right to participation are the basic rights followed by the Convention.They compromoise the best possible level of health, freedom from exploitation and abuse,right for protection during emergencies and armed conflicts and also the right to education, early childhood development to participate freedom of expression for every child through education.[4]
4.Significance of Amendments of RTE,2009 ACT
Less than 10% of schools nationwide are reportedly in compliance with all of the requirements set forth in the Right to Education Act, according to the Right to Education (RTE) Forum's 2014 Stocktaking Report.Right to Education Act,2009 provided the foundation for inclusive educational system in India but id not guarantee quality education for the disabled children and their integration to regular school until the 2012 amendment under Section 3 (2) which provided mandates for educational requirements of Specially abled children. Although there have been notable advancements since the Right to Education Act of 2009 was passed, privatisation still existed as the act did not lead to better regulation of fees charged by private schools and lowering the cost of education.These provisions clearly show that the Act would cause the cost of education to rise significantly in the coming years, as it does allow private schools to impose capitation fees,as long as they are disclosed as part of the admissions price.Even when the right to education has been established as a fundamental right, the RTE 2009 act was not completely justiciable as on of the recent amendment added the no detention policy which had become the foundation of this act by ensuring that no child will be hold back until the end of elementary education.The limitations of poor teaching standards,status and quality of teachers and lack of better planning and management and monitoring of schools were not focused by this act which led to many amendments to this act.The 2019 amendment also made few changes by adding new sections and provisions for making the Act more enforceable,inclusive and justifiable.[5]
5.Legislation of Right of Children to Free and Compulsory Education ACT, 2019
In the 2019 amendment of the RTE Act there is a Substitution of new section for section 16.Sub section (1) of this section states there shall be a regular examination in the fifth class and in the eighth class at the end of every academic year and sub-section(2) says that any kid who doesn't pass the exam mentioned in sub-section (1) will get extra teaching and have the chance to retake the exam within two months of the results being announced.This new substituted section forbids delaying a child's enrollment in any class until after they have completed their elementary school.The section was amended, by newly adding the appropriate provisions in subsection(3) and (4), regarding examination and holding back in the certain cases mentioned.It gives the government the authority decide whether to hold back a child until they have completed their elementary education in the fifth, eighth, or both classes and also that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.A new class was also inserted In section 38 of the principal Act, in sub-section (2), after clause (f),which states the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;.[6]
6.Conclusion
Right to Education is a fundamental right and the RTE,2009 Act fundamental goal was to ensures free education to all children of 6 to 14 ages.There are many loopholes under this act which calls for the need of amendments by adding sections and provisions for the successful enforcement of this act.The 2019 Amendment forces accountability in the elementary school system to be fixed, which will make the Education Department more transparent.In order to improve learning outcomes in the elementary classes, the section was amended, giving the appropriate Government the authority to decide whether to hold back a child until they have completed their elementary education in the fifth, eighth, or both classes, or not to hold back a child in any class at all.This amendment paved the path for accessible, inclusive, and high-quality education across the country by making the Education system more unequivocal and providing justice to everyone.
Citations
1.Ministry of Education of India,available at https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/RTE_Section_wise_rationale_rev_0.pdf (last visited December 2,2023)
2. Right to Education;"MOHINI JAIN V KARNATAKA (SUPREME COURT OF INDIA; 1992)",available at https://www.right-to-education.org/resource/mohini-jain-v-karnataka-supreme-court-india-1992 (last visited December 3,2023)
3.Anil Sadgopal; "Right to Education vs. Right to Education Act",available at https://www.jstor.org/stable/27896288 (December 3,2023)
4.Law Commission of India Report No. 165, available at http://www.bareactslive.com/LCR/LC165.HTM (December 12,2023)
5.Gorav Sharma;"What is Right to Education Act(RTE Act)",available at https://timesofindia.indiatimes.com/readersblog/igoravsharma/what-is-right-to-education-act-rte-act (December 3,2023)
6.Childline India,available at https://www.childlineindia.org/uploads/files/knowledge-center/Right-Of-Children-To-Free-And-Compulsory-Education-Act-2019 (December 3,2023)
