The Right of Children to Free and Compulsory Education, Act 2009 (RTE): A Boon or Bane?

Abstract

The accessibility and affordability of opportunities in education, in a given society, determines and improve, to a larger extent, a person's capabilities and help improve one's own creativity, personality, dignity and honor. Now-a-days it is increasingly realized by the middle classes that education is necessary for employment and empowerment. Since independence, the policies and programs of the Government reiterate the need and importance of free and compulsory education for children between ages 6-14. It is a disturbing fact to notice that after 63 years of independence the number of children stay out of school is depressing and a cause for great concern. Although the Indian Constitution guarantees right to education as a fundamental right at the primary and intermediate level but not higher education. Education now is no more a service, rather it has become a commodity available at prohibitive cost.

The Right of children to free and compulsory education Act 2009 was enacted after a lot of pressure brought on the Government by civil society organizations, educationalists and experts. This law provides for free and compulsory education to all children of the age of six to fourteen years. The principle object Act is to fulfill the dream and the spirit of the Indian Constitution in general and the fundamental rights and the directive principles of the state policies regarding free and compulsory education in particular. But a critical analysis of the Act shows several conflicts and contradiction within the legislation and many hindrances stand in the way of realization of the right to education.

This paper raises some pertinent questions about the government policy and the law of education system, particularly with reference to right to education. Whether the Act provides education as of right or entitlement? What are the conflicts and contradiction inherent in the Act that dilutes the right to education for all? Does the law provides for common and universal education or it facilitates two school systems, one is for the rich and the other for poor? What is the hidden agenda of the education policy of the government with reference to the education system and particularly about primary education? A perusal of the policy and law for free and compulsory education and the law there to, shows that the  law is enacted on one hand on the pressure of the public and civil society organizations, and it is framed to facilitate the world band strategy on education in the developing countries on the other. While in the strict legal and constitutional sense a right must be universal, justifiable and enforceable in the court of law, but this is not so according to the Act. It is only an entitlement largely depends on the capacity and discretion of the Government. Another crucial aspect of the law is the scheme of public and private partnership in the school education system creates two systems one is for the poor and the other is for the rich and the role of the government to strengthen the system, in other words facilitating the private sector and making education as a commodity and controlled by the market forces. Thus, the enactment is though a blessing in disguise, but discriminative and deny basic education for many. Neo-liberalism is after all is to create neo rich and neo elite who support and strengthen the market rather than the state.

The paper is divided into four parts. The first part traces the history of the Act from the background of international declarations, Indian Constitutions and Supreme Court decisions. Part two, discuses salient features of the act and some important provisions which are inconsistent and contradictory to the constitution and right to education as a fundamental right. Part three examines the impact of World Bank policies and strategies to mould the education system in India to facilitate the market forces. The final part, argues for the common community school system which ensures right to non-discriminative and equitable education.