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Background of RTE Act-2009

In 1950, India made a Constitutional commitment to provide free and


compulsory education to all children up to the age of 14, by adding this
provision in article 45 of the Directive Principles of State Policy.

With the Constitution (Eighty-Sixth) Amendment Act (168 KB) - PDF file
that opens in a new window on 12th December 2002, Article 21A was
amended in order to introduce Right to Education as a fundamental
right. The Right to Education Bill, 2005 (121 KB) - PDF file that opens
in a new window was introduced to give effect to the Constitution
(Eighty-Sixth) Amendment Act.

The Right of Children to Free and Compulsory Education Act (1.48 MB)
- PDF file that opens in a new window finally came into force on 1st
April 2010. With the implementation of this Act, it is expected that
issues of school drop out, out-of-school children, quality of education
and availability of trained teachers will be addressed in the short to
medium term plans.

Major provisions of the Act

The National Commission for Protection of Child Rights (NCPCR) - External


website that opens in a new window has been designated as the agency to
monitor provisions of the Act.
Main provisions of the Act:

Every child between the ages of six to fourteen years shall have the right
to free and compulsory education in a neighbourhood school, till
completion of elementary education - External website that opens in a
new window.
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.
Where a child above six years of age has not been admitted to any school
or though admitted, could not complete his or her elementary education,
then, he or she shall be admitted in a class appropriate to his or her age.
The appropriate government and local authority shall establish a school,
if it is not established, within the given area in a period of three years
from the commencement of this Act.
The Central and the State Governments shall have concurrent
responsibility for providing funds for carrying out the provisions of this
Act.

As per the provision of the Act, the Central Government has authorised the
National Council of Educational Research & Training (NCERT) - External
website that opens in a new window as the academic authority to lay down the
curriculum and evaluation procedure for elementary education and develop a
framework of national curriculum.

This Act is an essential step towards improving each child's accessibility to


secondary - External website that opens in a new window and higher education
- External website that opens in a new window. The Act also contains specific
provisions for disadvantaged groups, such as child labourers, migrant children,
children with special needs, or those who have a disadvantage owing to social,
cultural, economical, geographical, linguistic, gender or any such factor.