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No child shall miss education!
The National Commission for Elementary Education is to monitor the quality of elementary education provided under the provision. No child shall be held back, expelled, or required to pass a board examination until completion of elementary education.
IT IS now the legally enforceable duty of the government to provide free and compulsory education to children between six and 14 years of age. As early as in 1937, Mahatma Gandhi voiced the need for universal education. But due to financial issues, the issue had remained elusive for a long time even after independence. It was only in December 2002, that education was made a fundamental right in the 86th amendment of the Constitution. Every child between six and 14 years of age has the fundamental right to free and compulsory education under Article 21A (Part III) of Indian Constitution. The act will benefit an estimated eight million school Indian children, who are six to 14 years of age. It will help the world reach its goal to have every child complete primary school by 2015.

For the government, it is mandatory to provide schooling free-of-cost until a child’s elementary education is completed. The government schools have to provide free education with free text books, writing materials and uniforms to all children while private schools have to devote at least 25 per cent of the seats for children without any fee.

The National Commission for Elementary Education is to monitor the quality of elementary education provided under the provision. No child shall be held back, expelled, or required to pass a board examination until completion of elementary education. It is truly a ripe platform to reach the unreached, with specific provisions for disadvantaged groups, such as child labourers, migrant children, children with special needs, or those who are socially, culturally, economically, geographically and linguistically disadvantaged.
 
The authority has to undertake school mapping to identify the right children, including children in remote areas, children with disabilities, children belonging to disadvantaged groups, children belonging to weaker sections every year. No child will be subjected to caste, class, religious or gender abuse in the school. A child belonging to a weaker section and a child belonging to disadvantaged group should not be segregated or discriminated against in the classroom, during mid day meals, in the play grounds, in the use of common drinking water and toilet facilities, and in the cleaning of toilets or classrooms.

A child above six years of age, who has not been admitted in any school or who could not complete elementary education shall be admitted in a class appropriate to its age. Such children, who are admitted directly in a class appropriate to their age have the right to receive special training to be at par with their counterparts. The age of a child is to be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1856. No child shall be denied admission in a school for lack of age proof. A child, who completes elementary education shall be awarded a certificate. No child will be awarded physical punishment, expulsion or detention and no teacher will be deployed for non-education purposes other than census, election duty or disaster relief.

There should be a fixed student-teacher ratio. Two trained teachers will be provided for every sixty students at the primary level. Teachers are required to attend school regularly and punctually, complete curriculum instruction, assess learning abilities and hold regular parent-teacher meetings. 25 per cent reservation should be made for economically disadvantaged communities for admission to Class I in all private schools. School teachers need adequate professional degree within five years and school infrastructure is to be improved in three years.

Otherwise teachers will lose jobs and recognition of the institution will be cancelled. Financial burden will be shared between state and Central government. The landmark passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009 marks a historic moment for the children of India. This Act serves as a building block to ensure that every child has his or her right as an entitlement to get a quality elementary education. With the help of families and communities, the state has to fulfill this obligation.

The National Commission for the Protection of Child Rights has to review the safeguards for rights provided under this Act, investigate complaints and have the powers of a civil court in trying cases. States are obliged to constitute a State Commission for the Protection of Child Rights (SCPCR) or the Right to Education Protection Authority (REPA). Any person wishing to file a grievance must submit a written complaint to the local authority. Appeals will be decided by the SCPCR/REPA. Prosecution of offences requires the sanction of an officer authorised by the appropriate government.

School management committees formed by the schools should comprise local authority officials, parents, guardians and teachers. The committees shall form school development plans and monitor the whole school environment. Such community participation will be crucial in ensuring a child friendly school environment where separate toilet facilities for girls and boys and adequate attention to health, water, sanitation and hygiene issues is established. Laws and bills don’t simply make children go to school. What matters is whether the right children will have access to this programme. Social responsibility is a must. Public awareness of the Right to Education Act and fixing responsibilities to the officials and experts concerned should precede implementation of the programme.

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