The Right to Education Act: Challenges and Implementation Issues

Source-This post on The Right to Education Act: Challenges and Implementation Issues has been created based on the article “How state governments have undermined right to education” published in “The Indian Express” on 17 August 2024.

UPSC Syllabus-GS Paper-2- Issues Relating to Development and Management of Social Sector/Services relating to Health, Education

Context –The Right to Education (RTE) Act, introduced over a decade ago, was a groundbreaking step in India’s education system. As the first law on school education passed by Parliament after a constitutional amendment, it aimed to provide universal elementary education and protect children’s rights.

What are the Key Provisions of the RTE Act?

1) Fundamental Right-The RTE Act made elementary education a fundamental right.

2) Reservation of Seats -It mandated private unaided schools to reserve 25% of their seats for children from economically weaker sections (EWS). This was designed to close socio-economic gaps and encourage inclusive education

3) Pedagogical Aspects- The RTE Act introduced progressive teaching methods into law to improve elementary education in India.

What are the Implementation Challenges?

1) Circumvention Challenges–

A) State governments have frequently tried to bypass the provisions of the RTE Act. For instance, Maharashtra’s government issued an order allowing private schools to avoid the 25% reservation for economically weaker sections (EWS) if a government school was located within 1 kilometer

B) The Bombay High Court rejected these arguments, affirming that the right to education is a fundamental right, not merely a quasi-right.

Read More- On India’s Public Education System

2) Resistance and Misinterpretation-

A) Private schools saw the EWS reservation as an intrusion and tried to avoid it through legal and political means. They suggested alternatives such as separate classes or afternoon sessions for EWS students. However, the RTE Act did not allow for these bypasses.

B) Private Schools raised concerns about adjustment problems for EWS students, missing the Act’s goal of creating a more inclusive educational environment.

3) Teacher Training– Teacher training has seen little improvement and continues to be a weak area in the system. Even though the J S Verma Commission made specific recommendations 15 years ago for updating teacher training, these suggestions have not been effectively implemented.

Conclusion: – The recent Bombay High Court ruling reinforced the importance of the Act, but how other states will react is still unclear. For the Act to succeed, everyone involved must renew their commitment to providing quality education for all children, regardless of their socio-economic background.

Question for practice

What are the main provisions of the RTE Act, and what challenges are faced in its implementation?