the rte act, 2009 child rights based approach · how does the rte act talk of the rights based...

The RTE Act, 2009Child Rights Based Approach

Planning unit,TSG

How does the RTE Act talk of the rights based approach ?

Every child of the age of 6-14 years shall have Right to Free andCompulsory Education in a neighbourhood school till completion ofelementary education.

(Section 3 (1)] . No child shall be liable to pay any kind of fee or charges or

expenses which may prevent him or her from pursuing andcompleting the elementary education.

[Section 3 (2)] An out of school child above 6 years of age, not enrolled or

dropout, shall be admitted in a class appropriate to his or her age.

(Section 4). A child admitted in a class appropriate to his or her age shall have

arrived to receive Special Training and shall be entitled to freeeducation till completion of elementary education even after 14years.

(Provisos of Section 4).


A child shall have a right to sick transfer to any other school exceptprivate un-aided and special category school if there is no provisionfor completion of elementary education in his/her school.

[Section 5(1)]. Where a child is required to move from one school to another,

either within a state or outside, for any reason whatsoever, thechild shall have right to seek transfer to any other school, exceptprivate aided and special category school, for completingelementary education.

[Section 5 (2)]. The head teacher or in-charge of the school shall immediately issue

the transfer certificate to a child seeking transfer to any other schooland the delay in producing transfer certificate shall not be a groundfor either delaying or denying admission in such other school.

[Section 5 (3)].


No child shall be denied admission in a school for lack ofage proof.

[Section 14 (2)].

No child or his/her parents shall be subjected to anyscreening procedure and shall be made to pay anycapitation fee.

(Section 13).


A child shall be admitted in a school at the commencement ofthe academic year or within such extended period as may beprescribed: provided further no child shall be deniedadmission if such admission is sought subsequent to theextended period.

(Section 15).

No child admitted in a school shall be held back in any classor expelled from school till the completion of elementaryeducation.

(Section 16).

No child shall be subjected to physical punishment or mentalharassment.

(Section 17).


No child shall be required to pass any board examination tillcompletion of elementary education.

(Section 30).

The Academic Authority while laying down the curriculum andevolution procedure shall take into consideration inter-alia thatthe child is free from fear, trauma and anxiety and is helped toexpress views freely.

[Section 29 (2) (g)].

Basic premises of the rights based approach

The ‘compulsion’ is on the State to ensure completion ofelementary education by each and every child of 6-14years.

A child cannot be held responsible for failing to accessschool or complete elementary education.

There should be a school in the neighbourhood for eachand every child.

The appropriate government/local authority will have tocreate an enabling environment and adequate facilitiesto facilitate completion of elementary education by eachand every child.

There should be institutional mechanisms in place toeliminate financial and procedural barriers.

Basic premises of the rights based approach

Teachers, parents, children and the community at largeshall be aware of the rights of the children.

Teachers parents and community should not only beaware of the children rights, but should be able to acceptthem as logical, human and essential.

Each and every child is capable of learning andcompleting elementary education.

The school curriculum shall be such as it enables thechildren to learn without fear and anxiety.

There shall be effective mechanisms in place for themonitoring the enforcement of child rights and redressalof their grievances

What does RTE Act provide for enforcement of therights based approach ?

Establishment of a school within such area or limits ofneighbourhood as may be prescribed by the appropriategovernment or local authority within a period of three yearsfrom the commencement of this act.

(Section 6). The Central Government shall –

Develop a framework of national curriculum.

Develop and enforce standards for training of teachers.

Provide technical support and resources to the stategovernment

[Section 7 (6)].


The appropriate government and local authority shall be obliged to:-

To provide free elementary education.

Ensure and monitor compulsory admission, attendance andcompletion.

Ensure that the child belonging to weaker section anddisadvantaged group are discriminated against.

Provide infrastructure including school building, teaching staffand learning equipment.

Provide special training facility.

Ensure compliance with the standards and norms specified inthe schedule.

Ensure timely prescribing of curriculum of courses.

Provide training facilities for teachers.

(Section 8).


Every local authority shall also -

Maintain records of the children.

Ensure admission of children of migrant families.

Monitor functioning of schools within its jurisdictions.

Decide the academic calendar.

(Section 9)

Every school shall provide such information as may be requiredby the appropriate government or the local authority.

[Section 12 (3)].

A school or person receiving capitation fee shall be punishablewith fine extending to 10 times the capitation fee charge.

[Section 13 (2) (a)].


A school or person subjecting a child to screening procedureshall be punishable with fine extending to Rs. 25,000 for the firstcontravention and Rs. 50,000 for each subsequentcontravention.

[Section 13 (2) (b)].

Who ever subjects a child to physical punishment or mentalharassment shall be liable to disciplinary action under theservice rules.

(Section 17).

No school can be established or function after thecommencement of this act without obtaining a certificate ofrecognition to be granted only if the school fulfils norms andstandards specified in the schedule and shall be liable to a fineof Rs. 10,000 for each day during which violation of thisprovision continues.

(Section 18) .


A school established before the commencement of this Act shallfulfil all the norms and standards specified in the schedule at itsown expenses within a period of three years from the date ofcommencement of this Act.

(Section 19).

There shall be a School Management Committee for everyschool except the private un-aided school (section 21) and theSMC shall prepare a school development plan which shall be thebasis for the plans to be made by the appropriate government orlocal authority.

(Section 22).

Persons only with minimum qualifications laid down by theacademic authority authorized by the central government shallbe eligible for appointment as teacher.

(Section 23).


PTR as laid down in the Act to be ensured in every school andthe teacher posted in a school not to be made to serve in anyother school or office or deployed for any non-educationalpurpose.

(Section 25).

Vacancy of teacher in a school shall not exceed 10% of the totalsanctioned strength.

(Section 26).

No teacher shall be deployed for any non-educational purposesother than the decennia population census, disaster relatedduties or duties related to elections to the local authority, statelegislature or parliament.

(Section 27).


No teacher shall engage himself / herself in private tuition orprivate teaching activity.

(Section 28).

A teacher shall perform the following duties –

Maintain regularity and punctuality in attending school.

Conduct and complete the curriculum in accordance with theprovisions of [Section 29 (2)].

Complete entire curriculum within the specified time.

Asses the learning ability of each child.

Hold regular meetings with parents and guardian and sharewith them the relevant information about the child.

A teacher committing default in performance of these dutiesshall be liable to disciplinary action.

(Section 24).


The academic authority while laying down the curriculum andevaluation procedure shall take into consideration the following- Conformity with the values enshrined in the constitution; All round development of the child; Building up child’s knowledge, potentiality and talent; Development of physical and mental abilities to the fullest extent; Learning through activities, discovery and exploration in a child

friendly and child-centred manner; Medium of instructions shall, as far as practicable, be in child’s

mother tongue; Making the child free of fear, trauma and anxiety and helping the

child to express views freely; Comprehensive and continuous evaluation of child’s understanding

of knowledge and his or her ability to apply the same.

(Section 29).


The NCPCR and SCPCR / REPA shall perform followingfunctions: -

Examine and review the safeguards for rights provided underthis Act.

Enquire into complaints relating to child’s rights.

Take necessary steps for protection of child rights.

(Section 31).

Any person having any grievance relating to the right of a childmake a written complaint to the local authority concerned whichshall decide the matter within a period of three months and theperson aggrieved by the decision of the local authority mayprefer and appeal to the SCPCR / REPA.

(Section 32).

Implications of the child rights based approach for planningunder SSA.

The district planning team will have to see if – Each and every child has access to a school in

neighbourhood. The local authority has the complete record of

children in its jurisdiction. Each and every school has the infrastructure as laid

down in the schedule. Each and every school has the PTR as laid down in

the schedule. There is a mechanism in place for tracking the

attendance and retention of each and every child. There is a transparent mechanism in place for the

placement and deployment of teachers.


Teachers, parents, children and community are aware ofthe rights of the children under the Act.

There is a clear understanding of the discriminatorypractices prevalent in the school.

The monitoring mechanism is in place for enforcing theprovision regarding removal of financial and proceduralbarriers.

System is in place for the recognition of the schools,assessment of the children to be affected by the de-recoginiton of schools and their enrolment inneighbourhood schools.

Teachers have a clear understanding of the curriculum andare empowered enough to conduct and complete thecurriculum as required under section 29 of the Act.


The schools have the requisite conceptual clarity andwherewithal to undertake special training.

The in-service teacher training and the communitytraining programmes address all the relevant issuesrelating to education of equitable quality

School Management Committees have beenconstituted and are empowered to discharge theirresponsibilities.

There is understanding of the School DevelopmentPlan and mechanism is in place for the analysis andintegration of SDPs into the district plan.


The grievance redressal mechanism is in place andfunctioning properly.

The education department and SSA functionaries havecomplete conceptual clarity about the child rights relatedissues.

The district project team is strong enough to carry on themultifarious responsibility.

There is a vibration convergence among variousdepartments and agencies working directly of indirectlyfor the universalization of elementary education.

We would see how revised Framework forimplementation of SSA helps us in addressing allthese implications in subsequent sessions on variousfunctional areas.

Thank You

the rte act, 2009 child rights based approach · how does the rte act talk of the rights based...

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