RTE

FISCAL POLICY INSTITUTE
PROJECT REPORT
CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND

COMPULSORY EDUCATION ACT, 2009
A Critical Analysis of India with special focus on Karnataka
Submitted as part of Summer Internship
by
KHUMTIYA DEBBARMA
NLSIU, Bangalore
January to March 2011

CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009
Letter of Transmittal
Mr. P.R. Devi Prasad, IES Place: Bangalore

Director Date:
Fiscal Policy Institute
Finance Department
Government of Karnataka
Dear Sir,
I am pleased to submit herewith the project report titled, “Challenges in Implementation of Right
to Free and Compulsory Education Act, 2009: A Critical Analysis of India with special focus on
Karnataka”. I hereby declare that this is an original work done by me at FPI, Bangalore and the
findings of this work have not been previously submitted for any publication.
Khumtiya Debbarma
Summer Intern
National Law School of India University, Bangalore
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Certificate
This is to certify that the project report titled “Challenges in Implementation of Right to Free and
Compulsory Education Act, 2009: A Critical Analysis of India with special focus on Karnataka”
submitted by Ms. Khumtiya Debbarma as a part of summer internship is the result of the work
done by her at Fiscal Policy Institute, Bangalore, Finance Department, Government of
Karnataka, from January to March 2011 under my guidance.
Place: Bangalore
Date:
Mr. P. R. Devi Prasad, IES

Director, Fiscal Policy Institute
Finance Department
Government of Karnataka
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Acknowledgements
I would like to extend my indebted gratitude to Mr. P. R. Devi Prasad, IES, Director, FPI,
Finance Department, Bangalore, for his invaluable guidance and feedback provided during the
course of the project.
I am deeply obliged for the guidance and invaluable inputs during all phases provided to me by
Ms. Nelleri Umeshwari, Special Officer, FPAC.
I would like to express my heartfelt thanks to Ms. Munawwara Shakila, Consultant, FPI, for her
guidance during every stage of this project.
I am thankful to Mr. Y.C. Shivakumar, Deputy Director (Administration), FPI, Ms. Anita V.
Nazare, Special Officer, FPI and Mr. Mandar Nayak, Consultant, ERC, for their guidance and
support in this project.
I am thankful to my fellow interns, Ms. Batool Zahoor Quazi, Mr. Mustafezur Mallick, Mr.
Sharmendra Chaudhry and Ms. Suvalaxmi Dash, pursuing LLM at NLSIU for their enormous
support, guidance and help at every juncture through exchange of ideas and views while doing
the project.
I am also thankful to Mr. Abhilash Kumar and Mr. Varun Chhabra, summer interns from IIM,
Lucknow for giving comments and suggestions for the project report.
I am thankful to Officers and Staff at FPI and FPAC who have extended cooperation and support
throughout the course of the project.
I would like to thank Government of Karnataka for giving me an opportunity to work on this
project at FPI.
Any errors and omissions are the responsibility of the author.
Khumtiya Debbarma
Summer Intern
National Law School of India University, Bangalore
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Table of Contents
Letter of Transmittal ................................................................................................................................................... i
Certificate................................................................................................................................................................... ii
Acknowledgements ................................................................................................................................................... iii
List of Tables ............................................................................................................................................................ vi
Abbreviations ........................................................................................................................................................... vii
1. INTRODUCTION ............................................................................................................................................... 1
1.1 Objectives of the Study .............................................................................................................................. 2
1.2 Research Methodology ............................................................................................................................. 2
1.3 Limitations and further research ................................................................................................................ 2
2. RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION IN INTERNATIONAL
PERSPECTIVE............................................................................................................................................. 3
2.1 Aims and Objectives of Education in International Covenants and Treaties ............................................. 3
2.2 Key treaty provisions on Free and Compulsory Education........................................................................ 3
2.3 Role of International Agencies in making Education available for all ...................................................... 5
2.4 Constitutional Guarantees of the Right to Education in various Countries ............................................... 8
3. CONSTITUTIONAL MANDATE – RIGHT TO EDUCATION ..................................................................... 10
3.1 The Constitution (Eighty-Sixth Amendment) Act, 2002 ......................................................................... 10
3.2 Constitutional Articles / Schedules safeguarding the interest of the child ............................................... 11
3.3 Supreme Court Judgments on Right to Education ................................................................................... 14
4. RIGHT TO FREE & COMPULSORY EDUCATION IN INDIA .................................................................... 16
4.1 Introduction .............................................................................................................................................. 16
4.2 Studies conducted on quality of education and the role of communities ................................................. 17
4.3 Sarva Shiksha Abhiyan and RTE ............................................................................................................. 18
4.4 Status of Implementation of RTE Act, 2009 in India .............................................................................. 18
4.5 Challenges with RTE ............................................................................................................................... 23
5. RIGHT TO FREE AND COMPULSORY EDUCATION, CRITICAL ANALYSIS IN KARNATAKA ........ 26
5.1 Acts and Rules enforced in Karnataka ..................................................................................................... 26
5.2 Literacy in Karnataka ............................................................................................................................... 28
5.3 EDI of Karnataka and Districts ................................................................................................................ 29
5.4 Elementary Education in Karnataka......................................................................................................... 30
5.4.1 Elementary Education and Five Year Plans .................................................................................... 31
5.4.2 Major State Interventions ................................................................................................................ 32
5.5 RTE Implementation Status ..................................................................................................................... 33
5.6 RTE and Budget ....................................................................................................................................... 36
5.7 Challenges for Karnataka ......................................................................................................................... 37
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6. SUGGESTIONS ................................................................................................................................................ 39
7. CONCLUSION .................................................................................................................................................. 42
8. BIBLIOGRAPHY .............................................................................................................................................. 43
9. ANNEXURES ................................................................................................................................................... 45
Annexure 9.1 – Provisions of the Constitution of India having a bearing on Education ................................. 45
Annexure 9.2 – The Constitution (Eighty-Sixth Amendment) Act, 2002 (12th December, 2002) ................. 47
Annexure 9.3 – Karnataka Task Force on Education Recommendation on SDMCs....................................... 49
Annexure 9.4 – District-wise EDI of Karnataka for 2009-10 .......................................................................... 50
Annexure 9.5 – Circular of GoK banning Class VII public exam ................................................................... 51
Annexure 9.6 – The Right of Children to Free and Compulsory Education Act, 2009 ................................... 53
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List of Tables
Page
Table No. Title of the Table
No.
Table 1 Constitutional Guarantees of the Right to Education in various Countries 9
Table 2 Provisions of the Constitution of India having a bearing on Education 12
The Right of Children to Free and Compulsory Education Act, 2009 – an

Table 3 16
Abstract
Table 4 Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011 18
Table 5 Literacy Rate 2001-2011 for India & Karnataka 28
EDI – Karnataka‟s Position at Primary, Upper Primary and Composite

Table 6 29
level
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Abbreviations
AIR All India Report

DISE District Information System for Education
DPEP District Primary Education Programme
EFA Education For All
EE Elementary Education
FYP Five Year Plan
GoI Government of India
GoK Government of Karnataka
IIM Indian Institute of Management
ILO International Labour Organization
MDG Millennium Development Goal
NE North Eastern
NGO Non Government Organization
NCPCR National Commission for Protection of Child Rights
NPEGEL National Programme for Educational of Girls at Elementary Level
NUEPA National University of Educational Planning and Administration
RTE Right to Education
SC Supreme Court
SCPCR State Commission for Protection of Child Rights
SSA Sarva Shiksha Abhiyan
SDMC School Development Monitoring Committees
UN United Nations
UNICEF United Nations International Child‟s Emergency Fund
UDHR Universal Declaration of Human Rights
UEE Universalization of Elementary Education
UNESCO United Nations Educational, Scientific and Cultural Organization
UTs Union Territories
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1. INTRODUCTION
The United Nation General Assembly adopted and proclaimed the Universal Declaration of
Human Rights in India in the year 1992. Under Article 26 of UDHR children have the Right to
Education. Education shall be free at least at the elementary level. The Constitution of India also
provides Free and Compulsory Education. The 86th amendment of the Constitution of India
states that every child between the ages 6-14 years has the right to Free and Compulsory
Education. It means that education is now legally enforceable duty of the State and the Center.
Center and the State have to provide Free and Compulsory Education under the said age group.
As such the Government of India has undertaken a number of reforms in the field of elementary
education, which has made education accessible to all children in the country.
The Right to Education bill has been passed by the Parliament on 4th August 2009. The bill
describes the methods of the provisions of Free and Compulsory Education of a child between
the age group of 6-14 years in India under Article 21 of Constitution of India. The bill makes it
Fundamental Right for all children between the age of 6 and 14. The bill also specifies the
responsibilities and roles of various stakeholders like Government, Local bodies, schools, and
teachers, for achieving UEE. It has a provision for reservation of 25% seats in the private schools
for the poor children. As such this bill was notified as a law on 3rd September 2009 as child‟s
right to free and compulsory education.
The Free and Compulsory Education has been a challenge in India. The education in public
school remained riddled with absenteeism, poor management and conflict of interest as
government is a both a regulator authority and managing authority. Despite the facilities like free
books, food, etc in the government schools, parents prefer sending their children to private
schools. As such many children have been denied the right to education. There is no free or
quality of education in India.
In this project report, the researcher will be discussing the Child‟s Right To Free And
Compulsory Education in international perspective in the second chapter, Constitutional mandate
on Elementary Education in third chapter, Right To Free And Compulsory Education in India in
the fourth chapter and critical analysis of challenges in the implementation of Right To Free And
Compulsory Education in Karnataka, in the fifth Chapter.
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1.1 Objectives of the Study
The objectives of the study are:
1. To study Right to Free and Compulsory Education in International Perspective.

2. To study Constitutional mandate and landmark judgments on education in India
3. To study Right to Free and Compulsory Education Act 2009 in India
4. To critically analyze the challenges in implementation of Right to Free and
Compulsory Education in Karnataka
1.2 Research Methodology
A descriptive and analytical method is followed throughout the course of this paper. The study is
primarily based on analysis of secondary data. The sources are Right to Free and Compulsory
Education Act 2009, Constitution of India, International Conventions and other related
legislations.
1.3 Limitations and further research
i. This report is limited to secondary source of data. Primary data collection and analysis
was not carried out.
ii. The RTE Act has not yet been implemented in Karnataka. Hence the study sees the
current scenario and suggestions for combating challenges during implementation
have been given.
iii. Due to time constrain in-depth analysis could not be done.
iv. Various States / UTs are in different stages of implementation of processes that lead to
implementing the Act. The Act itself has not been implemented in any State / UT.
After implementation, if research is carried out, then a better evaluation of
implementation of RTE act can be done.
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2. RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION IN

INTERNATIONAL PERSPECTIVE
The Right to Education is a Fundamental Human Right. Every individual, irrespective of race,
gender, nationality, ethnic or social origin, religion or political preference, age or disability, is
entitled to a free elementary education. This right is explicitly stated in the United Nations in
various Conventions and Treaties.
Katerina Tomasevski, former United Nations Special Rapporteur on the right to education, points
out: "There is a large number of human rights problems, which cannot be solved unless the right
to education is addressed as the key to unlock other human rights. Education operates as
multiplier, enhancing the enjoyment of all individual rights, freedoms where the right to
education is effectively guaranteed, while depriving people of the enjoyment of many rights and
freedoms where the right to education is denied or violated."
2.1 Aims and Objectives of Education in International Covenants and Treaties
Some of the aims and objectives of education, as defined in the international covenants and
treaties, includes the following:
i. To develop human personality and individual talent, a sense of dignity and self worth,
and mental and physical ability.
ii. To instil respect for human rights and fundamental freedoms, as well as for cultural
identity, language and values.
iii. To enable people to participate effectively in a free society.
iv. To promote of understanding, tolerance, friendship among all groups, and to maintain
peace.
v. To promote gender equality and respect for the environment.1
2.2 Key treaty provisions on Free and Compulsory Education
International Human Rights law asserts the public responsibility for ensuring free and
compulsory primary education.
1
Right to Education project promoting mobilization and legal accountability.
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Some of the provisions are mentioned below:

i. Universal Declaration of Human Rights (1948): Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
ii. European Convention on Human Rights, Protocol 1 (1952): No person shall be denied the
right to education.
iii. UNESCO Convention against Discrimination in Education (1960): The States Parties to
this Convention undertake to formulate, develop and apply a national policy which will
tend to promote equality of opportunity and of treatment and in particular: a) to make
primary education free and compulsory.
iv. International Covenant on Economic, Social and Cultural Rights (1966): Primary
education shall be compulsory and available free for all.
v. Protocol of San Salvador to the American Convention on Human Rights (1988): The
States Parties to this Protocol recognize that in order to achieve the full exercise of the
right to education: a. Primary education should be compulsory and accessible to all
without cost.
vi. Convention on the Rights of the Child: (1989): States Parties recognize the right of the
child to education, and with a view to achieving this right progressively and on the basis
of equal opportunity, they shall, in particular: a) make primary education compulsory and
available free for all.
vii. Charter on the Rights and Welfare of the African Child (1990): States Parties to the
present Charter shall take all appropriate measures with a view to achieving the full
realization of [the right to education] and shall in particular: a) provide free and
compulsory basic education.
viii. (Revised) European Social Charter (1996): With a view to ensuring the effective exercise
of the right of children and youngsters to grow up in an environment which encourages
the full development of their personality and of their physical and mental capacities, the
Parties undertake, either directly or in co-operation with public and private organizations,
to take all appropriate and necessary measures designed to provide to children and young
persons‟ a free primary and secondary education as well as to encourage regular
attendance at schools.
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2.3 Role of International Agencies in making Education available for all
Some of the International Agencies and Organizations which help in the implementation of Right
to Free and Compulsory Education are mentioned below:
2.3.1 Universal Declaration of Human Rights (UDHR)
The General Assembly of the United Nation adopted and proclaimed the UDHR on December
10th 1948. The Article 26 of the UDHR states about Right to Free and Compulsory Education
which is as under:
“(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children”.2
In the years since the Universal Declaration of Human Rights was proclaimed, its principles have
inspired a great number of internationally agreed normative texts of all kinds: treaties,
Recommendations and Declarations.
Also five principal International Treaties influenced by UDHR and relating directly to education
are:
i. International Covenant on Economic, Social and Cultural Rights (1966);
ii. Convention against Discrimination in Education (1960);
2
Article 26 of Universal Declaration of Human Rights.
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iii. Protocol Instituting a Conciliation and Good Offices Commission to be

Responsible for Seeking the Settlement of any Disputes which may arise between
States Parties to the Convention Against Discrimination in Education (1962)
iv. Convention on the Rights of the Child (1989); and
v. Convention on Technical and Vocational Education (1989).3
2.3.2 The Commission on Human Rights
The United Nations Commission on Human Rights is a UN‟s principle mechanism and
international forum concerned with the promotion and protection of human rights. Right to Free
and Compulsory Education is one among the major concerns in the Commission on Human
Rights.
As part of the United Nations Literacy Decade (2003-2012), the Commission on Human Rights
urged member states:
"(1) To give full effect to the right to education and to guarantee that this right is recognized
and exercised without discrimination of any kind;
(2) To take all appropriate measures to eliminate obstacles limiting effective access to
education, notably by girls, including pregnant girls, children living in rural areas, children
belonging to minority groups, indigenous children, migrant children, refugee children, internally
displaced children, children affected by armed conflicts, children with disabilities, children with
human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and children
deprived of their liberty." (Resolution 2002/23)”.4
2.3.3 United Nations Educational, Scientific and Cultural Organization (UNESCO)
The main objective of UNESCO is to contribute to peace and security in the world by promoting
collaboration among nations through education, science, culture, and communication. This will
3
World education report 2000.
4
United Nations Literacy Decade (2003-2012)
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further universal respect for justice, for the rule of law, and for the human rights and fundamental
freedoms that are affirmed for the peoples of the world, without distinction of race, sex,
language, or religion, by the Charter of the United Nations. The United Nations Literacy Decade
(2003-2012) aims to extend the use of literacy to those who do not currently have access to it.
2.3.4 United Nations Child’s Fund (UNICEF)
Created by the United Nations General Assembly in 1946 to help children after World War II in
Europe, UNICEF was first known as the United Nations International Children's Emergency
Fund. In 1953, UNICEF became a permanent part of the United Nations system, its task being to
help children living in poverty in developing countries. Its name was shortened to the United
Nations Children's Fund, but it retained the acronym "UNICEF," by which it is known to this
day.
Believing in quality education for all, UNICEF helps children get the care and stimulation they
need in the early years of life and encourages families to educate girls as well as boys. UNICEF
supports young people, wherever they are, in making informed decisions about their own lives,
and strives to build a world in which all children live in dignity and security. UNICEF's work is
geared toward ensuring that all children realize their right to education, and that every child has
the opportunity to develop to his or her full potential. Working with national governments, non-
governmental organizations (NGOs), other United Nations agencies and private-sector partners,
UNICEF protects children and their rights by providing services and supplies and by helping
shape policy agendas and budgets in the best interests of children.
2.3.5 World Bank
Since it began funding education funding in 1963, the World Bank has provided over U.S. $30
billion in loans and credits. It currently finances 153 projects in 79 countries. Working closely
with national governments, United Nations agencies, donors, NGOs, and other partners, the
Bank helps developing countries in their efforts to reach the Education For All (EFA) goals and
achieving universal primary education for all children by 2015 of reducing the education gap
between boys and girls.
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2.3.6 International Labour Organization (ILO)
The ILO founded in 1919 is the UN specialized agency that seeks the promotion of social justice
and internationally recognized human and labour rights. The ILO is known for its long-standing
work on vocational training policy and structures, but it also has an active program in education.
The ILO's specialty lies in its detailed technical knowledge of what constitutes good employment
practices recruitment, career development, salaries, working conditions, and labor relations as
the basis for education reform and quality. Since the 1950s, ILO's work has focused on
researching, promoting, and sharing information on standards and best practices. It is important
(though often over looked in education sector work) because the salaries of educational
personnel take up 60 to 95 percent of governments' annual expenditures on education; it is
highest in developing countries.
2.4 Constitutional Guarantees of the Right to Education in various Countries
In a number of countries the right to education is being progressively realized, and international
co-operation is facilitating progress in quite a few of these. The postulate of the Convention on
the Rights of the Child where by all children should have guaranteed access to education
regardless of their legal status, or that of their parents, is also gradually being translated into
practice. The exclusion of children without citizenship from education may amount to a denial of
their right to education, or it may be that they are subjected to different conditions.
Right to Free and Compulsory Education is Fundamental Right under Article 21A of the Indian
Constitution. Right to life under Article 21 is not assured and also the dignity of the individual is
not assured unless it is companied by Right to education. Along with India, many other countries
have free and compulsory education guaranteed constitutionally as illustrated in the Table5
below. In some countries, however, the right to education is formally restricted to legal citizens.
In some countries there is progressive realization or partial guarantees to Right to Free and
Compulsory Education. And in some countries there is no explicit Constitutional guarantee of
the right to education.
5
Katarina Tomaševski, “Free and compulsory education for all children: the gap between promise & performance”
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Table 1: Constitutional Guarantees of the Right to Education in various countries

Free and compulsory education for all Guarantees restricted to citizens or residents:
constitutionally guaranteed: Armenia, Bahrain, Cambodia, Chad, Cyprus, Czech
Albania, Algeria, Argentina, Australia, Austria, Republic, Dominican Republic, El Salvador, Equatorial
Azerbaijan, Barbados, Belgium, Belize, Bolivia, Bosnia Guinea, Greece,Grenada, Guatemala, Guyana, Hungary,
and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Jordan, Kazakhstan,Kuwait, Kyrgyzstan, Libya,
Chile, China, Colombia, Congo/Brazzaville, Costa Rica, Luxembourg, Malawi, Mali,Morocco, New Zealand,
Croatia, Cuba, Denmark, Democratic People‟s Republic Nicaragua, Philippines, Qatar,Republic of Korea, Sao
of Korea, Ecuador, Egypt, Estonia, Finland, France, Tome, Seychelles, Slovakia, Slovenia, Syria, Turkey,
Gambia, Georgia, Germany, Ghana, Haiti, Honduras, Turkmenistan, Viet Nam, Yemen
Iceland, India, Ireland, Italy, Japan, Latvia,
Liechtenstein, Lithuania, Macedonia, Madagascar,
Malta, Mauritius, Mexico, Moldova, Netherlands,
Norway, Palau, Panama, Paraguay, Peru, Poland,
Portugal, Romania, Russia, Rwanda, Saudi Arabia,
Senegal, South Africa, Spain, Sri Lanka, Suriname,
Sweden, Switzerland, Tajikistan, Thailand, Trinidad and
Tobago, Tunisia, Ukraine, United Arab Emirates, United
Kingdom, Uruguay, Venezuela, Yugoslavia
Progressive realization or partial guarantees: No constitutional guarantee:

Bangladesh, Belarus, Benin, Bhutan, Burma, Cameroon, Angola, Antigua and Barbuda, Bahamas, Botswana,
Comoros, Guinea, Guinea-Bissau, Iran, Iraq, Israel, Brunei, Burkina Faso, Burundi, Central African Rep.,
Maldives, Micronesia, Monaco, Mongolia, Namibia, Cote d‟Ivoire, Djibouti, Dominica, Eritrea, Ethiopia,
Nepal, Nigeria, Pakistan, St Kitts and Nevis, Sierra Fiji, Gabon, Indonesia, Jamaica, Kenya, Kiribati, Laos,
Leone, Sudan, Tanzania, Togo, Uganda, Uzbekistan, Lebanon, Lesotho, Liberia, Malaysia, Marshall Islands,
Zimbabwe Mauritania, Mozambique, Nauru, Niger, Oman, Papua
New Guinea, St Lucia, St Vincent, Samoa, San Marino,
Singapore, Solomon Islands, Swaziland, Tonga, Tuvalu,
USA, Vanuatu, Zambia
Source: Free and compulsory education for all children: the gap between promise & performance, authored by K. Tomaševski
Right to Education has been included as a fundamental right in many of the countries. This right
acts as a foundation for other human rights. This right has been explicitly stated in many
international conventions and treaties. By incorporating this as a fundamental right and
implementing it in all countries, the goal of UEE / MDG can be achieved.
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3. CONSTITUTIONAL MANDATE – RIGHT TO EDUCATION
In the Fifty-third Year of the Republic of India, a new Federal Right stated that “The state shall
provide free and compulsory education to all children of the age 6 to 14 years in such manner as
the state may, by law, determine”. This new Article 21A was inserted by the Constitution
(eighty-sixth amendment) Act, 2002. Under Article 21A of the Indian Constitution, the Right to
Free and Compulsory Education is a Fundamental Right.
In 2009, the historic legislation of the Right of Children to Free & Compulsory Education (RTE)
Act was enacted. In January, 2010, the Model Rules for the Right to Education which state
governments will use (in total or with modifications) for their implementation of the Act were
approved. With the RTE coming into force on April 1, 2010, India joined the league of over 130
countries all over the world that have legal guarantees to provide free and compulsory education
to children.
Since the inception of our Constitution in 1950, the right to education was kept under the
category of the Directive Principles of State Policy. These directive principles act as important
guidelines towards making laws to establish a just society in the country. But unlike
Fundamental Rights, these are non-justifiable rights of the people.
The need to address inadequacies in retention, residual access, particularly of un-reached

children, and the questions of quality are the most compelling reasons for the insertion of Article
21-A in the Constitution of India and the passage of the RTE Act, 2009 in the Parliament.
3.1 The Constitution (Eighty-Sixth Amendment) Act, 2002
The Government introduced the Constitution (Ninety-third) Amendment Bill, 2001in the
parliament to make free and compulsory elementary education for children of the age group 6-14
years a fundamental right. Earlier the Government had introduced the Constitution (Eighty-
Third) Amendment Bill, 1997, on the same subject. When the ninety-third Amendment Bill,
2001 was passed by the Parliament, it became the Constitution (eighty-sixth amendment) Act,
2002.
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The 86th Amendment (Annexure 9.2) inserted Article 21A, substituted Article 45 and added
clause in Article 51A. The provisions made by the Amendment are discussed below:
Article 21A: This Article falls under the Fundamental Rights. Providing education to children
between the age of six to fourteen years by the State was made mandatory though States were
given flexibility (in such manner as the State may, by law, determine).
Article 45: Original Article 45 of the Constitution incorporated the duty of the state to provide
free and compulsory education to all children up to the age of 14 by 1960, as a Directive
Principle. After the substitution, the Provision for early childhood care and education to children
below the age of six years was responsibility of the State.
Article 51A: This article falls under Fundamental Duties. After the Amendment, a clause was
added after clause (J), and the parent and guardian shall have to provide opportunities for child‟s
education from the age of six to fourteen years.
The Amendment made it mandatory on the state to provide education for children between 6-14
years, before the age of six years the State should make provisions for education and
parents/guardians were also taken into the ambit of providing education for children.
3.2 Constitutional Articles / Schedules safeguarding the interest of the child
Various Articles / Schedules in the Constitution of India safeguard the interest of the child.
Among them attention may be invited to the following Articles falling under the Fundamental
Rights and Directive Principles. The provisions in the Constitution of India on Education are
listed in Annexure 9.1 and some of the important provisions are listed below. The provisions on
education are listed in The Fundamental Rights, Directive Principles of State Policy,
Fundamental Duties, The Panchayats, The Municipalities and The Scheduled and Tribal Areas.
i. Article 13 secures the paramountcy of the Constitution in regard to fundamental rights.

ii. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of
birth. But Article 15 (3) states that nothing in this article shall prevent the state from
making any special provisions for women and children.
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Table 2 : Provisions of the Constitution of India having a bearing on Education
Part Article /
Title Title
Schedule
13 Laws inconsistent with or in derogation of the fundamental rights
III 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
21A Right to education
Fundamental [Inserted by the 86th Amendment in December, 2002 and passed by the Parliament in July, 2009.
Rights The provisions of the Act came into force from 1st April, 2010]
28 Freedom as to attendance at religious instruction or religious worship in certain educational
institutions
30 Right of minorities to establish and administer educational institutions
37 Application of the principles contained in this Part

38 State to secure a social order for the promotion of welfare of the people
39 Certain principles of policy to be followed by the State
IV
41 Right to work, to education and to public assistance in certain cases
45 Text in force –
Directive
Provision for free and compulsory education for children
Principles of State
[Inserted by the 86th Amendment in December, 2002 and passed by the Parliament in July,
Policy
2009.The provisions of the Act came into force from 1st April, 2010]
Provision for early childhood care and education to children below the age of six years
46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections
47 Duty of the State to raise the level of nutrition and the standard of living and to improve public
health
Source: Dept of Higher Education, MHRD, GoI
iii. Article 21 relates to freedom as to attendance at religious instruction or religious worship

in certain educational institution.
iv. Article 30 talks about the right of minorities to establish and administer educational
institutions.
v. According to Article 37, the provisions pertaining to the directive principles of state
policy contained in Part IV of the Constitution "shall not be enforceable by any court, but
the principles therein laid down are nevertheless fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in making laws".
vi. Article 38 relates to secure a social order for the promotion of welfare of the people.
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vii. Among the more important directive principles of the state policy, attention may be
invited to Article 39 (e) and (f) which state that the state shall, in particular, direct its
policy towards securing:
viii. “(e) that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter a
vocations unsuited to their age or strength;
ix. (f) that children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment”.6
x. Article 41 gives the right to work, to education and to public assistance in certain cases.
xi. Article 46 talks about the promotion of right to education and economic interests of the
scheduled castes and scheduled tribe and other weaker section of the society.
xii. Article 47 relates about the duty of the State to raise the level of nutrition and the
standard of living and to improve public health.
xiii. Article 51A relates about the fundamental duties of every citizens of India.
xiv. Article 243 relates about the Powers, authority and responsibilities of Panchayat.
xv. Eleventh Scheduled relates about the Education including primary and secondary
schools, Technical training and vocational education, Adult and non-formal education.
xvi. Article 243Q talks about the Constitution of municipalities.
xvii. Article 243W Powers, authority and responsibilities of Municipalities, etc.
xviii. Twelfth Schedule relates about the promotion of cultural, educational and aesthetic
aspects.
The above mentioned Articles / Schedules directly or indirectly impact Education. Though many
of the above have not been amended since their inclusion in the Constitution, only after
education was declared fundamental right and RTE Act was enforced, can we foresee UEE in
India.
6
Article 39 (e) and (f) of the Constitution of India.
Page | 13
3.3 Supreme Court Judgments on Right to Education
Supreme Court, the Apex Court of India is the guardian protector of Fundamental Rights.
Supreme Court has delivered milestone judgments with regard to Right to Free and Compulsory
Education.
Ms. Mohini Jain v State of Karnataka and others: The Supreme Court observed in Ms. Mohini
Jain v State of Karnataka and others7 that the directive principles which are fundamental in the
governance of the country cannot be isolated from the fundamental rights guaranteed under Part
III of the Constitution. Without making right to education under Article 41 of the Constitution a
reality, the fundamental rights under Chapter III shall remain beyond the reach of the large
majority which is illiterate.
The court further held that 'right to life' is the compendious expression for all rights which the
courts must enforce "because they are basic to the dignified enjoyment of life. The right to
education flows directly from right to life. The right to life under Article 21 and the dignity of an
individual are not being assured unless it is accompanied by the right to education. The state is
under an obligation to make endeavor to provide educational facilities at all levels to its
citizens" The fundamental rights guaranteed under Part III of the Constitution of India including
the right to freedom of speech and expression and other rights under Article 19 cannot be
appreciated and fully enjoyed unless a citizen is educated and is conscious of his individualistic
dignity. The petitioner had challenged the right order of the Government of Karnataka which
permitted the private medical colleges to receive high amount of fees for the purpose of
admission. The Court held that charging a high capitation fee is illegal and cannot be permitted.
Unni Krishnan J P and others v State of Andhra Pradesh and others: It was observed in Unni
Krishnan case8 that Article 21 is the heart of Fundamental Rights. The Supreme Court once
again decided that the right to education flows directly from right to life guaranteed by Article 21
of the Constitution. The court held that "the effect of holding that right to education is implicit in
the right to life is that the state cannot deprive the citizens of his right to education except in
7
Ms. Mohini Jain v State of Karnataka and others, AIR 1992, SC, 1858
8
Unni Krishnan J P and others v State of Andhra Pradesh and others, AIR 1993 SC 2178
Page | 14
accordance with the procedure prescribed by law". The court further held that "the three Articles
45, 46 and 41” are designed to achieve the said goal, among others. It is in the light of these
articles that the content and parameters of the right to education have to be determined. The right
to free education is available only to children until they complete the age of 14 years. Thereafter,
the obligation of the state to provide education is subject to the limits of its economic capacity".
To this extent, the earlier decision of the Supreme Court in Mohini Jain case stood modified.
In Mohini Jain case, the apex court pronounced that directive principles cannot be isolated from
the fundamental rights. In Unni Krishnan case, the Court pronounced that basic education
(education up to the age of 14 years) is a fundamental right of every child. The declarations of
the right to education as a fundamental right, has been further upheld and confirmed by the
eleven-Judge Constitutional Bench of the Supreme Court in 2002 in T.M.A. Pai Foundation v.
State of Karnataka.
Right to education was observed to flow directly from Right to Life (Article 21) which envisages
Protection of Life and Personal liberty. The judgments in the case of Mohini Jain and Unni
Krishnan J P showed the importance of right to education and catalyzed the process of enacting
the Act.
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4. RIGHT TO FREE & COMPULSORY EDUCATION IN INDIA
4.1 Introduction
The emerging knowledge-based economy, characterized by rapid technological changes and

open and competitive economies, has placed education systems all over the world under
tremendous pressure. Economic and social progress in the coming years will clearly depend on
the quality of human resources-well-educated and healthy people capable of adapting to the
knowledge and skill demands of the fast-changing economic scene. The education system in
India is also in the midst of this fluid situation, faced with rising expectations of the people on
the one hand, and the pressures of an economy undergoing structural reforms on the other. The
critical requirement at this point of time is to take a long-term view and initiate strategic
measures, in both policy-making and operational spheres, in order to create an education system.
Having acknowledged the importance of eight years EE, the foundation of the pyramid in the
education system, India first amended its Constitution by inserting Article 21-A in 2002 and then
passed the RTE Act, 2009 in the Parliament.
Table 3: The Right of Children to Free and Compulsory Education Act, 2009 – an Abstract
Chapter Title Contents
1 Preliminary Name of the Act and Definitions
2 Right to Free and Compulsory Right of child, Special provisions for children
Education not admitted / completed EE, transfer rights
3 Duties of Appropriate Duties like provision of infrastructure,
Government, Local Authority teacher‟s training, quality education: Sharing
and Parents of financial and other responsibilities
4 Responsibilities of Schools and Extent of school‟s responsibility, no capitation
Teacher fee, no corporal punishment, no denial of
admission, school recognition, no denial of
admission, norms and standards for school
5 Curriculum and Compilation of Examination and Completion certificate
Elementary Education
6 Protection of Right of Children Monitoring, grievance redressal
7 Miscellaneous Power to make rules, issue directions
The Schedule Norms and Standards for a Norms and standards for teaching and
School infrastructure
Source: Right to Free and Compulsory Education Act 2009
Page | 16
The Table gives a snapshot of the RTE Act, 2009. The Act consists of seven Chapters
accompanied by Schedule. The Act effectively sums-up all actions which are required to achieve
UEE. The Act has been framed keeping holistic view of education, equity, access to all
especially traditionally excluded categories, gender concern, centrality of teacher, moral
compulsion on all stake holders, convergent and integrated system of educational management. It
also provides flexibility for States to modify some norms as per requirement.
The Act lays down minimum norms and standards for all schools, government and private,
through a mandatory Schedule. This includes number of teaching days per year, number of
teaching hours per day, number of rooms, availability of teaching learning materials, library,
toilets, safe drinking water, playground, kitchen for mid-day meals, TPR, subject teachers in
classes VI to VIII, part time art, work and physical instructors and so on.
4.2 Studies conducted on quality of education and the role of communities
Moral compulsion is imposed through the RTE Act on parents, teachers, educational
administrators and other stakeholders. Pre-RTE Act some studies have been conducted to know
the quality of education received by children especially impact of public participation. The study
“Findings from Baseline Surveys in Three Indian States”, assessed public participation, teacher
accountability and school outcomes in states of MP, UP and Karnataka. It was found that at the
end of grade IV only 22% in UP, 33% in MP and 73% in Karnataka could read a simple
sentence. Knowledge in Mathematics was more miserable. Teacher attendance and engagement
in teaching were low in MP and UP and much higher in Karnataka. One basic reason for low
ratings in UP and MP was that the communities were largely uninformed or unprepared or did
not have the capacity to hold teachers‟ accountable.
The scope of the study was further extended and the researchers launched structured campaign
providing information to communities about their oversight roles in schools in Karnataka, MP
and UP. They found a positive impact on process and behaviour outcomes, delivery of inputs to
students, teacher effort and learning outcomes in all three States. Outcomes at baseline were
much higher in Karnataka suggesting greater efficiency in delivery than in MP and UP. The
Page | 17
differences in impact may be due to the differences in the initial conditions and also in the
different decentralization set-ups in different States.
4.3 Sarva Shiksha Abhiyan and RTE
The Sarva Shiksha Abhiyan (“Education for All” movement) was initiated in 2001 for
achievement of Universalisation of Elementary Education (UEE). It is the flagship programme of
GoI. Sarva Shiksha Abhiyan (SSA) is the culmination of all previous endeavors and experiences
in implementing various education programmes. While each of these programmes and projects
had a specific focus – Operation Blackboard on improving physical infrastructure; DPEP on
primary education – SSA has been the single largest holistic programme addressing all aspects of
elementary education. SSA is being implemented in partnership with State Governments to cover
the entire country and address the needs of 192 million children in 1.1 million habitations. SSA
seeks to provide quality elementary education including life skills with special focus on girl‟s
education and children with special needs.
SSA will act as a vehicle for implementing the RTE Act. SSA will assist State governments in
implementation. The funding for RTE will be shared by central government and State
Governments in the ratio 65:35. The provisions under SSA need to be aligned with the legally
mandated norms and standards and free entitlements mandated by the RTE Act.
4.4 Status of Implementation of RTE Act, 2009 in India
SSA has reviewed the implementation of RTE in all the 35 States / UT (Union Territories). The
table below shows the status of implementation of RTE Act, 2009, till mid March 2011. Except
two states where data is not available, almost all states / UTs have initiated the process to make
EE free and compulsory though none have yet implemented RTE Act in totality.
Table 4: Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011

Private tuition,
8 year No Working days/
S. Academic No No Board screening
State State Rules SCPCR E.E. Corporal Instructional
No Authority Detention Examinations procedure and
cycle Punishment hours
capitation fees
1 Andaman & Central Rules Constitution NCERT Yes Yes Yes Yes Instructions not P.-200/800
N Island adopted of REPA in issued so far. U.PP- 20/1000
process
2 Andhra Yes Constitution SCERT notified In Yes Yes Yes Yes Notified
Pradesh of REPA in process P-6 hr 35 min
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Private tuition,
8 year No Working days/
S. Academic No No Board screening
State State Rules SCPCR E.E. Corporal Instructional
No Authority Detention Examinations procedure and
cycle Punishment hours
capitation fees
process UP- 7 hr. 10 min
3 Arunachal Yes Constitution SIE notified Yes Yes Yes Yes Instructions not Notified
Pradesh of REPA in issued so far.
process
4 Assam In process Yes In process In Yes Notification Notification Instructions not Notification awaited
Process awaited awaited issued so far.
5 Bihar Draft rules Yes SCERT going to Yes Yes Yes Yes Yes In process
formulated be notified
6 Chandigarh Central Rules Constitution Will notify SIE Yes Yes Yes Yes Yes P-235/1175
adopted of REPA in UPP-235/1175
process
7 Chhattisgarh Yes Yes SCERT will be Yes In Yes In process Instructions not Notification in
notified process issued so far. process
8 Dadra & - - - - - - - - -
Nagar
Haveli
9 Daman & In process Constitution GCERT - - - - Yes 45 working
Diu of REPA in hours in a week
process
10 Delhi In process Yes SCERT Yes Yes Yes Yes Yes P-200/800
UPP-220/1000
11 Goa
12 Gujarat In process No GCERT Yes Yes Yes Yes Yes Yet to be issued.
13 Haryana Yes REPA SCERT Yes Yes Yes Yes Yes Primary and U.PP- 220
14 Himachal In process Constitution In process Yes Yes Yes Yes Yes Pri.& UPP-228
Pradesh in process
15 Jammu & In process Yes No Yes Yes Yes Yes Yes Under consideration
Kashmir
16 Jharkhand In process No In process Yes Yes Yes Yes Yes 6 hrs for school and
240 days of school in a
year
17 Karnataka In process No DSERT will be In In In In Instructions not Prim- 200/800
notified process process process process issued so far. UPP-220/1100
18 Kerala No No Not notified No Yes Yes Yes Yes Under consideration
19 Lakshadweep In process Constitution Department of Yes Yes Yes Yes Yes Yes
of REPA in Education will be
process notified
20 Madhya Yes Yes SCERT Notified Yes Yes Yes Yes Yes P- 232/800
Pradesh UP-232/1000
21 Maharashtra In process Yes SCERT Notified In process Yes Yes Yes Yes Yes
22 Manipur Yes No SCERT and Yes In In Yes Instructions not Yet to be
BoSEM process process issued so far. complied
23 Meghalaya No In process No In In In In process Instructions not Under process

process process process issued so far.
24 Mizoram In process Yes (REPA) SCERT notified Yes Yes Yes Yes Instructions not Yes
issued so far.
25 Nagaland In process No SCERT Yes No Yes No Instructions not Yet to be issued
issued so far.
26 Orissa Yes Will be made Director, Teacher No Yes Yes Yes Instructions not Not
functional Education & issued so far.
soon SCERT
27 Puducherry In process Constitution No All Yes Yes Yes No Not yet issued
28 Punjab In process No Dual Academic Yes Yes Yes Yes Yes Under consideration
Authority(SCERT
& PSEB)
29 Rajasthan Yes Yes SIERT Yes Yes Yes Yes Instructions not In process
issued so far.
30 Sikkim Yes Yes SCERT notified Yes Yes Yes Yes Yes Yes
31 Tamil Nadu In process Constitution TeacherEducation Yes Yes Yes Yes Yes 220/1100
in process Research and
Training
32 Tripura In Process Constitution SCERT Yes Yes Yes Yes Yes 252/1000
in process
33 Uttar In Process Constitution SCERT in process Yes In Yes In process Yes 6 Hours a week
Pradesh in process process
34 Uttarakhand In process Constitution SCERT Yes Yes No In process Instructions not Action yet to be taken
in process issued so far.
35 West Bengal In process Constitution SCERT WBBPE, Yes Yes Yes Yes Instructions not P.- 200/1000
in process WBCROS,WBB issued so far. UPP- 220/1100
ME and WBBSE
Source: State Supplementary Appraisal Report 2010
Page | 19
Number of States fulfilling the various requirements
S. State State Rules SCPCR Academic 8 year No No corporal No Board Private tuition, Working days/
N Authority E.E. detention punishment Examinations screening instructional
o cycle procedure and hours
capitation fees
1 Completed 9(notified) 11 20(In 3 24 26 27 25 19 13
+2(central cases, dual
rules authorities
adopted)= have been
11 notified)
2 Not 2 7 4 2 1 1 1 14
completed
3 In process 20 15 9 6 5 4 6 0 20
4 Information 2 2 2 3 3 3 3 2 2
not available
Source: State Supplementary Appraisal Report 2010
State Rules: The appropriate Government, may, by notification, make rules, for carrying out the
provisions of RTE act. Two states have adopted the central rules on RTE, 9 States have made
and notified their own rules. Only one-third of the States / UTs have notified rules and the rest
are still in the process of making rules. Foremost for implementation of the Act is to prepare and
notify rules. If States are lagging behind in this stage, then it indicates that they are not aware,
which is not true or they do not have the required skills, which again is debatable or they are not
serious in implementing the Act.
Constitution of NCPCR / SCPCR: The National Commission for Protection of Child Rights
(NCPCR) or State Commission for Protection of Child Rights (SCPCR) is authorized to examine
and review the safeguards for rights provided under the Act, inquire into complaints and
recommend measures for effective implementation of the Act.
NCPCR is the apex monitoring body for implementation of the Act. As part of monitoring, they
have initiated social audits of Government schools under 250 Gram Panchayats across 10 States.
They are also studying how SDMCs can effectively monitor the administration and management
of primary schools under Section 21 of the Act.
Where the SCPCR has not been constituted in the State, a temporary authority i.e., Right to
Education Protection Authority (REPA) should be constituted which has the same powers and
responsibilities as SCPCR. As depicted in the Table, 3 states / UTs have constituted REPA and 8
have constituted SCPCR. Two-thirds of the states are yet to constitute the Commission which
monitor‟s child‟s RTE.
Page | 20
Academic Authority: The Academic Authority will look into the academic matters. The
curriculum and evaluation procedure shall be laid down by the said authority. The Authority has
been notified in twenty States, in three States dual authorities have been notified. Generally
States have notified SCERT (State Council of Research and Training) as the academic authority.
Eight years Elementary Education Cycle: Elementary education of eight years forms the
foundation for future education and to gain better life skills. The States can be grouped into two:
those having seven year EE and those having eight year EE cycle. But now all States need to
follow eight year EE cycle. Two-thirds of the states have adopted eight year cycle.
No Detention policy: No child admitted shall be held back in any class or expelled from school
till the completion of EE in a school. The instructions have been issued by 26 States and 5 States
are in the process of issuing. But child-centered teaching and continuous evaluation are alien to a
system accustomed to eliminating a majority of children by declaring them „fail' sooner or later.
Also, the quality of education a child receives has to be continuously monitored.
No corporal punishment: As per this Act no child shall be subjected to physical punishment or
mental harassment. Whoever contravenes the provision shall be liable according to the
disciplinary action under the service rules applicable to such person. Such instructions have been
notified by 27 States / UTs and 4 are in the process of adopting.
No Board Examinations: No child shall be required to pass any Board examination till
completion of EE. Twenty-five States/UTs have notified the rules. To counteract the ill-effects of
this rule that may lead to decline in educational quality received by the child, the act envisages
for comprehensive and continuous evaluation of child‟s understanding of knowledge and his /
her ability to apply the same.
Private tuitions, Screening procedure and Capitation fees: As per RTE rules, no school or
person shall collect capitation fee and subject the child or his parents to any screening procedure
during admission. Also, teachers are banned from engaging in private tuitions. Instructions on
these rules have been issued by 19 States.
Page | 21
Working days / Instructional hours: The Act has fixed minimum number of working days and
instructional hours in an academic year separately for primary and upper primary classes. For
primary classes (first class to fifth class), a minimum of 200 working days and 800 instructional
hours have been fixed. For upper primary (sixth class to eight class) a minimum of 220 working
days and 1000 instructional hours have been fixed. Notices on these instructions have been
issued by 13 States and 20 are in the process of adopting.
As per DISE Flash Statistics 2009-10, the average working days in all states for all schools is
224. Manipur, Meghalaya, Nagaland and Kerala have less than 200 working days on an average.
The percent of Lower Primary Schools with Less than 200 Working Days (Government & Aided
Managements) is 5.92 %. The percent of Upper Primary Schools/Sections with Less than 220
Working Days (Government & Aided Managements) is 30.28 %. This indicates that more Upper
primary schools have to increase their working hours as compared to primary schools to meet the
minimum requirement.
As can be seen from the above Tables, only three States of Haryana, Madhya Pradesh and
Sikkim have fully adopted the various rules mentioned in the Act. Various States are in different
stages of enforcing RTE Act. Various circulars have been issued to notify the rules. The timing
of issue of circular is also important. Goa government issued circular for not detaining any
students and infact promote them to the next class, after the schools already had declared their
results, in which several students were failed. But no State / UT has implemented the Act even
after completion of one year of RTE act enforcement. To know how many States will actually
implement the Act, one has to wait till the next academic year 2012-13.
Other Provisions in the RTE Act
Reservation of 25% seats in schools: As per the Act, Private unaided and special category
schools shall admit atleast 25% of students from weaker sections and disadvantaged groups. This
provision has been widely challenged. There is pressure on Ministry of HRD as several petitions
are lined up in the Supreme Court by private schools for excluding them from this reservation.
Teacher Pupil Ratio: The schedule of the RTE Act prescribes minimum TPR for classes I to V
as 1:30 and for classes VI to VIII as 1:35. TPR for all States is at 1:33. At primary level it is 1:33
Page | 22
and at upper primary level it is 1:31. But the problem is the disparities across various States. In
Bihar, U.P. and Jharkhand the number of pupils per teacher is 57, 47 and 45 at primary level and
61, 44 and 47 at upper primary level respectively. While allocating resources the status quo in
various States has to be analyzed and accordingly allocation has to be done.
Duties of appropriate authorities: There is a certain overlap and complementarities in

functioning of authorities. However, the appropriate government shall lay down policy, prescribe
curriculum, make arrangements for teacher recruitment and their proper deployment, and make
financial arrangements, and provide technical support. The local authority on the other hand will
ensure the enumeration, admission and attendance of children, school mapping and availability
of neighbourhood schools, and monitoring.
4.5 Challenges with RTE
The main challenge is with respect to the allocated budgets to fructify this act. The Center and
the States have to share the financial responsibility of RTE in the ratio of 65:35. The Finance
Commission has already provisioned `24,000 crore annually and the Center has also made a
provision of `15,000 crore and `21,000 crore in Budget 2010-11 and 2011-12 respectively
towards the same. Going by the RTE and its objective, this budget is considered much lower than
the requirement.
Academic experts are of the opinion that though the budget may have presented an optimistic
picture with an overall increase for allocation to education it does not reflect on the preparedness
of the States with respect to RTE on counts related to finance and infrastructural facilities.
According to experts, RTE Act is a non-starter because of grossly inadequate budgetary

provisions for rolling it country-wide. Although the Expenditure Finance Commission has
suggested a 65:35 Centre-State share, most state governments with huge deficits are demanding
for larger Central assistance. For instance, Uttar Pradesh Government has refused to implement
the Act unless the contribution by the Centre is 90% while a few other State Governments like
West Bengal, Gujarat, Goa and Haryana are demanding for a 75:25 funding pattern.
Page | 23
Now, the next challenge is to implement the 25 percent reservation for disadvantaged and
economically weaker section children, keeping all children in school until class VIII while
reaching acceptable standard learning levels, monitoring private schools‟ recognition,
establishing School Management Committees that function well, and all done with similar
mechanism in all States and Union Territories.
RTE has made it compulsory for all aided and unaided private schools to reserve 25 percent of
total seats in elementary education for disadvantaged and economically weaker section children.
These so called reserved seats, that promise free education, would only give relief from tuition
fees and not from other expenditures – which are quite considerable. The RTE does not consider
the cost of school books, education tools, co-curricular fees, extra tuition needed and fees
demanded in other development activities, which are quite high in good private schools.
To ensure proper school mapping and availability of neighbourhood schools, a GIS (Geographic
Information System) mapping of schooling facilities could assist the appropriate Governments to
understand the geographic dispersal of schools, the distance to schools from the habitations and
the physical barriers, if any, as some State Governments are already doing. This would require
the appropriate Government and the local authority to work in unison.
RTE Act has already made it compulsory for all schools to maintain a student to teacher ratio of
30:1. Various pan-India surveys indicate that currently schools are struggling with a ratio of 50:1
(and some schools with 80:1), not to rule out those schools which are running with just a single
teacher. With many teacher positions vacant, the attainment of such globally-practiced ratios
seems quite challenging. In addition to this an equal amount of untrained teachers are at the
primary level, who have to be trained to match the qualification prescribed by the RTE within
the next five years.
Besides having parameters to measure the inputs to ensure the UEE, there is an unequivocal
requirement for ensuring the quality of the outcomes achieved. Quality of outcomes refers
specifically to the learning levels of the children, the difference which has come about in
retention and survival rates of children, and whether or not the coming about of this act has had
any positive impact on the transition rate of children from primary to upper primary levels.
Page | 24
A direct co-relation needs to be established and strictly monitored periodically as to how input in
terms of infrastructural guarantees, accessibility to neighbourhood schools, availability of
qualified teachers assures the certificate issued on the finishing of eight years of free and
compulsory education actually reflects the enhanced reading and writing skills of the children
between the age of 6 to 14 years.
There is an urgent need to expedite the execution of the provisions of this Act, which is primarily
the responsibility of the central and state governments working alongside local authorities. There
needs to be an in-built mechanism to ensure that the adoption of the provisions of the Act is done
with reference to concrete goals, which can realistically be achieved through inputs being fed
into the system by the means of the RTE Act.
Page | 25
5. RIGHT TO FREE AND COMPULSORY EDUCATION, CRITICAL ANALYSIS IN

KARNATAKA
Karnataka is ranked sixteenth among the 35 States/UTs in EDI. The literacy rate is 75.6 percent
in 20119 as compared to 66.64 percent in 2001 and 56.04 percent in 1991. Literacy rate has
increased over the decades. Significant progress has been achieved in improving the access for
schools in terms of both population and habitation. The State has time and again enforced rules
to improve the education facilities. Even then a quarter of the state‟s population is illiterate after
six decades of framing the constitution. The RTE Act and its implementation in totality can lead
to achieving the goal of Universal Elementary Education (UEE) and Millenium Development
Goals (MDG).
The RTE Act has various provisions for the removal of all barriers to school admission including
financial and procedural ones in order to provide free and compulsory education for all students
in the 6-14 age group. Among others it also focuses on quality education, social responsibility
like quota in private schools, ban on physical punishment and mental harassment, non-detention
and non-expulsion of the student in the elementary grades and the obligation of
5.1 Acts and Rules enforced in Karnataka
RTE Act is not the first of its kind for Karnataka. The State has enforced various Acts and Rules
for achieving the goal of UEE.
5.1.1 The Karnataka Education Act, 1983
The Karnataka Education Act, 198310 came into force in June 1995 with an objective to provide
for better organization, development, discipline and control of the educational institutions in the
State in order to foster the harmonious development of the mental and physical faculties of
students and cultivating a scientific and secular outlook through education; Chapter III of the Act
is on enforcement of compulsory primary education in specified areas. It mentions that any child
who has completed the age of five years shall not be denied admission into the school. No person
9
Census 2011 (provisional)
10
The Karnataka Education Act 1983 (Karnataka Act No 1 of 1995: Amended by Act 8 of 1998 and 13 of 2003)
Page | 26
shall employ a child in a manner which shall prevent the child from attending an approved
school. It also mentions providing free primary education in approved schools. Chapter XIII
deals with ancillary services like provision of meals and refreshments, facilities for recreation
and physical training, guidance and library services to students studying in recognized
educational institutions. It also envisages on constituting State Educational Advisory Council for
advising the Government on matters pertaining to educational policies and programmes.
Though the provisions of this Act were compulsory for approved schools, similar provisions
have been made in RTE Act but enforcement is for all kinds of schools.
5.1.2 The Karnataka Educational Institutions (Regulation of Certain Fees and Donations)
Rules, 1999
This Act had its source in Karnataka Education Act 1983.The objective of the rules was to bring
about transparency and accountability in the matter of collection of notified fees for admission of
students to unaided institutions and to prevent diversion of funds collected for purposes other
than school development. The provision for charging capitation fee for higher education in
private institutions as provided by the Act was challenged in Supreme Court in Mohini Jain v
State of Karnataka which has been discussed earlier.
5.1.3 Karnataka Task Force on Education
An Education Task Force headed by Dr. Raja Ramanna in the year 2000, gave recommendations
for quality improvement in EE. The task force toured the entire state to study the situation. It
underlined the importance of management and community participation for ensuring quality
education. It recommended setting up of SDMCs in all schools to replace village education
committees and school betterment committees (Annexure 9.3). It emphasized passing of
legislation for the establishment and empowerment of SDMCs to ensure community ownership
of the school. The Education Department implemented the recommendation with the assistance
of the Centre for Child and Law, National Law School of India University, Bangalore. Karnataka
has made substantial efforts to decentralize the education to lowest possible level.
Page | 27
Prioritizing EE has been recommended by various commissions. Expenditure Reforms

Commission constituted by State Government in 2009 also recommends giving greater priority
to social priority sectors like elementary education, while increasing the share of development
expenditure in the budget.
5.2 Literacy in Karnataka
Karnataka has achieved literacy rate of 75.6 % which is marginally higher as compared to all
India average of 74.04 %. This indicates that about a quarter of the population aged 7 years and
above in Karnataka is still illiterate. There are fifteen (out of 30) districts in the State where
literacy rate is lower than the national average. More efforts have to go into reducing regional
disparities.
Table 5: Literacy Rate 2001-2011 for India & Karnataka
Literacy Rate * 2001 2011

India Karnataka India Karnataka
Persons 64.83 66.64 74.04 75.60
Males 75.26 76.10 82.14 82.85
Females 53.67 56.87 65.46 68.13
* literacy rate is the percentage of literates to population aged 7 years and above
Source: Census 2001 and 2011 (provisional)
The female literacy rate is just 68.13% as compared to male literacy rate of 82.85 % though
female literacy has increased from 56.87 % in 2001. The differential between male and female
literacy rates is 14.72 percentage points as compared to 19.23 percentage points in 2001,
indicating that the gender gap is reducing. There are fourteen districts where female literacy is
lower than the national average. The female literacy levels in the North Eastern districts of the
State continue to occupy the last bottom positions. The issues of gender disparities, lower female
literacy rate, poor literacy attainments among women, particularly in rural areas and
marginalized segments have to be addressed immediately.
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5.3 EDI of Karnataka and Districts
Educational Development index (EDI) is computed to know the position of a state vis-à-vis other
states. It shows the extent of development in education related parameters at elementary level.
Among all States and UTs, Puducherry tops EDI (0.813) and Bihar is at the bottom (0.421).
Table 6: EDI – Karnataka’s Position at Primary, Upper Primary and Composite level
Educational Development Index (EDI) of Karnataka
2008-09 2009-10
Level Sub-groups Index Rank Index Rank
Access Index & Rank 0.559 14 0.565 14
Infrastructure Index & Rank 0.68 16 0.596 23
Primary Teachers Index & Rank 0.758 12 0.774 12
Outcomes Index & Rank 0.839 3 0.815 4
EDI & Rank 0.693 8 0.569 15
Access Index & Rank 0.789 5 0.727 8
Infrastructure Index & Rank 0.709 15 0.658 24
Upper Primary Teachers Index & Rank 0.662 22 0.85 13
Outcomes Index & Rank 0.749 10 0.709 10
EDI & Rank 0.723 15 0.743 15
EDI & Rank (Composite Primary &
Upper primary) 0.708 12 0.656 16
Source: DISE Flash Statistics 2009-10, NUEPA
NUEPA and Department of School Education and Literacy (GoI) have computed EDI, separately
for Primary and Upper Primary levels of education and also a composite index for the entire
Elementary education. A set of 21 indicators have been used in computing which are re-grouped
into the four sub-groups, namely Access, Infrastructure, Teachers and Outcome indicators.
The State‟s overall ranking in EDI (composite) has come down from 12th to 16th position. But it
has maintained its EDI rank at the upper primary stage. But the ranking at primary stage has
declined. Among all indices, the State has shown improvement in rank only with regard to
Teachers Index in upper primary stage. The state is in a good position with its performance on
outcome at primary stage (4th Rank), but infrastructure at upper primary stage is comparatively
poor (24th Rank).
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Only in Outcome Index at primary stage, Karnataka is among Top five. As compared to other
indices, the ranking of Teachers Index is very low. Though the State has made many
interventions in improving educational facilities, EDI reflects that it has to intensify its efforts in
access, infrastructure and teacher parameters to match the performance of better performing
States and UTs.
Karnataka state has also computed EDI on the lines of NUEPA for all the districts (Annexure
9.4). Hassan occupies top position (0.72) and Yadgir occupies the lowest position (0.39). There
exists huge disparity among the 30 districts. There is a need to focus on the development of
education in North Karnataka as all the districts from this region occupy the bottom positions.
NUEPA has successfully developed District Report Cards and School Report Cards of more
than 1.3 million Primary and Upper Primary schools spread over 635 districts across 35 States &
UTs. In addition to quantitative information, the Report Cards also provide qualitative
information and a descriptive report about individual schools. The District Report Card provides
details of every district w.r.t. number of schools, teachers, performance indicators like enrolment
percent, PTR, etc. which will be very useful for Government (Central, State and Local) for
focusing their attention on backward regions while implementing provisions of RTE Act.
EDIs clearly indicate the journey a District/State has to traverse to reach the overall goal of UEE.
A study of the related parameters provide adequate insight for prioritizing interventions and
activities for improving EE in the District/State, as well as monitoring parameters that have low
EDI value.
5.4 Elementary Education in Karnataka
The state has a total of 58,295 primary schools (class I to VII / VIII) and 12,453 high schools
(class VIII to X). There are 26254 lower primary schools (class I to V) and 32041 upper primary
schools (class VI to VII/ VIII) with 74.57 lakh students studying in primary schools and 25.78
lakh studying in high schools in the State11.
11
Economic Survey of Karnataka, 2010-11 & Planning Programme Monitoring and Statistics Department, GoK
Page | 30
Karnataka has achieved significant progress in improving access to schools in terms of both
population and habitation by opening new primary schools and upgrading upper primary schools.
Upgraded schools were provided with an additional classroom. The State‟s policy is to provide
lower primary school within area of 1 km radius, upper primary school within every 3 km radius
and high school within 5 km radius. The net enrolment ratio during 2009-10 at primary and
upper primary levels is 95.21 and 95.15 respectively.
Providing access and enrolling children to schools is not the end, but ensuring that all children
enrolled to class I continue in the system till they complete the EE. Children drop out of the
system for several reasons, some of which are also embedded in the system. Addition of class
VIII to upper primary schools (all having class VII as terminating class) has been done to arrest
the dropout rate, thereby improving the retention of children in the schools.
5.4.1 Elementary Education and Five Year Plans
More emphasis has been laid out in the Tenth and Eleventh Five Year Plans (FYP) to strengthen
EE. The main targets for the Tenth FYP (2002-2007) were to reduce drop-out rate, have 100 %
enrolment of children, increase access and increase TPR. In the State, a large number of primary
school teachers were recruited, thereby increasing the TPR to 28:1 by the end of Tenth FYP. The
number of children out of school in the age group of 7-14 was 4.02 lakh in 2002 which was
reduced to 0.75 lakh in 2006.
In the Eleventh FYP (2007-12), the main concern has been on improving the quality of school
education. The Eleventh Plan presents a comprehensive strategy for strengthening the education
sector covering all segments of the education pyramid. It is proposed to ensure that 80 percent
students studying in classes I to VIII will master at least 80 percent of competencies prescribed.
It also emphasized reduction in dropout rates to less than 5% at Lower Primary stage (1 to 5) and
less than 10% in Higher Primary stage of education and enhancement of literacy rate to 85
percent by reducing gaps between male and female literacy rates. The target of 85 % literacy rate
has been achieved by ten States and UTs viz., Kerala, Lakshadweep, Mizoram, Tripura, Goa,
Daman & Diu, Puducherry, Chandigarh, NCT of Delhi and Andaman & Nicobar Islands as per
Census 2011 (provisional).
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5.4.2 Major State Interventions
The State of Karnataka has introduced various schemes for UEE. The main objectives of these
schemes are to improve enrolment and attendance, to improve retention rate, to improve
educational level in girl child, to improve child health by increasing the nutritional level and to
enhance their learning abilities.
All the children studying from I to X Standard in Government schools are provided with one set
of free uniform under Vidya Vikasa Scheme. Distribution of free text books has also been taken
up. Free schools bags have also been distributed among students of class I to V in Government
primary schools. Massive mid day meal programme (Akshara Dasoha) covering all students
studying in Government and aided schools from class I to X is being implemented in the State.
Free bicycles have been provided to students who are below poverty line and who have enrolled
for VIII class in Government and aided schools. Non-government fee has also been reimbursed
to students of classes VI and VII.
The State has accorded special significance for the provision of infrastructure facilities under
SSA. The State has made efforts to comply with the national norm for provision of 8 basic
facilities for schools. The State has identified 5 facilities on top priority as most essential for
schools and named them as Pancha Soulabhya These are drinking water, toilets, play grounds,
compound wall and the school building. GoK has allocated `40 crore in Budget 2011-12 for
Pancha Soulabhya.
Many innovative programs have been adopted to bring out of school children to mainstream
under SSA. In habitations which are not served with a regular school, Feeder schools have been
opened. Summer Bridge Course Camps during the summer vacation like Chinnara Angala to
bring the out of school children into the mainstream, 12 Months Residential Bridge Course
(Ashakirana) to prepare the never enrolled children to attend the schools, Special Enrolment
Drive to enroll the eligible children to schools who were never enrolled are conducted. Also
Mobile Schools have been started to provide access to schools for the children in the slums and
Tent schools for children who cannot attend the regular schools. Mid day meal scheme is being
extended to many of these special schools.
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The State has launched various innovative programmes having bearing on the quality of
education for enhancing girl‟s participation and retention in school. Some of the programmes for
speedy removal of gender disparities are National Programme for Educational of Girls at
Elementary Level (NPEGEL), Kasturba Gandhi Balika Vidyalaya (KGBV), Meena Groups and
Adolescence Girl‟s Camps.12 The gender parity index which is 0.94 (94 girls for 100 boys) and
0.93 for classes I to V and classes VI to VIII respectively reveals favorable trend. The State
Government launched one of its vital schemes Bhagyalakshmi during 2006 for empowerment of
the girl child in the society by way of financial assistance. Though promoting girls‟ education is
a priority for the State, however, there is a need for intensifying the efforts.
5.5 RTE Implementation Status
The RTE Act provides a legally enforceable rights framework with certain unambiguous time
lines that Governments must adhere to. The Schedule of the Act provides a three year window
for creating and developing the infrastructure as well as availability of teachers. Similarly, a five
year timeline has been set for ensuring that all teachers are professionally qualified. All quality
interventions and other provisions shall commence with immediate effect from date of effect of
RTE Act.
The Act covers all types of schools i.e., government, private aided, private unaided and schools
belonging to specified category. For the minority institutions protected under Articles 29 and 30
of the Constitution, the RTE Act shall not come in the way of their continuance or the rights of
children in such institutions.
State RTE Rules: The state has modified model RTE rules prescribed by the centre and five
drafts were prepared and circulated among all for feedback and suggestions. The final version
has been submitted for approval. These rules provide complete details on how to implement the
Act. After the RTE rules are notified the State has to form State Advisory Council to advise the
Government on effective implementation of the provisions of the Act.
School Management Committees: The Act (sections 21 and 22), prescribes constitution of
School Management Committees (SMCs) whose main function is to prepare school development
12
Economic Survey 2009-10 & 2010-11, PPMS Department, Government of Karnataka
Page | 33
plan and monitor working of school and utilization of funds. Karnataka already has School
Development Monitoring Committees (SDMCs) which were set up on the recommendation of
the Karnataka Task Force on school education, 2001, to oversee the efficient management of
schools. As the SDMCs are already performing functions similar to SMCs, the State will retain
them. The State Government has to ensure that SDMCs are enabled to function in an effective
manner as the effective implementations of various provisions, specified in the RTE Act rests
with these Committees and the school heads.
Teacher Pupil Ratio (TPR): TPR is an important indicator to describe the quality of education
received in any education unit. The TPR ratio for the State is 1:22.85 for EE. As part of
government policy of providing a teacher to each class, additional posts of teachers are being
created every year since 1993-94. But variations in TPR are observed across districts and
schools. In schools of Education Department the ratio is 1:25.2, whereas, for aided schools it is
1:42. Lower the ratio the lesser is the focus received by individual pupil and raises concern over
the quality of education received. The State has to adopt rational teacher deployment policy in all
schools to correct such imbalances.
Out Of School Children (OOSC): As per the Act, the children in age group of 6-14 who are not
going to school (never enrolled or drop-outs) will have to be identified, given special training so
that they would be brought at par with the other students. They have to be admitted in age
appropriate class in regular schools, and they would have a right to complete elementary
education even after crossing age 14. The State conducted a comprehensive household child
census survey in December 2008, which estimated 35,637 OOSC from a total of 66,26,413
children in the age group of 7-14 years. The number of OOSC is showing a decreasing trend over
the years. As per the survey, three out of every five OOSC is an SC/ST or a minority. The eight
districts in the North Eastern Karnataka region account for 53.52 % of the OOSC in the State.
The children are being mainstreamed through various programmes like enrolment drive, Feeder
schools, etc. Though OOSC is just 0.54 % of the total eligible children, the State has to intensify
its efforts especially in the North Eastern region to ensure zero percent OOSC.
Reservation for disadvantaged and weaker sections: A major RTE provision pending
implementation in the State is the neighborhood concept under which private schools will have
Page | 34
to earmark 25% of their seats for children from economically weaker sections in their vicinity
with funding from the State Government. Implementing this provision alone requires substantial
funding. Many private schools have opposed this reservation policy. But some schools like
St.Anne‟s School, Sujaya School, the Samhita Academy and Poorna School are on the opposite
end of the spectrum. They have already integrated such children in their campuses by applying
innovative strategies. Fees from privileged students are used for providing full and partial
scholarships and free accommodation in the school hostels for such students; parents provide old
text books of their children, sponsor school trip, etc. Even though children are provided
mandatory reservation by the RTE Act, they may be discriminated. Only by pursuing strategies
similar to these model schools, the children can be integrated in the system.
Recognition of Schools: As per RTE Act all schools should be recognized before they start
operations. That is they should get government approval by meeting minimum standards on
infrastructure and teaching staff. Before the RTE Act, the schools could get recognized along the
way. This Act has tightened the minimum criteria. Further, it has given deadline to meet the
criteria within three years of enforcement of RTE Act (March 2013) or face closure. It is
estimated that about 19% of all schools in India including Karnataka are facing similar existence
crisis.
Other provisions in the Act: The States have to constitute SCPCR or REPA for protection of
child rights through grievance redressal and monitoring. Karnataka has constituted KCPCR
(Karnataka Commission for Protection of Child Rights) to monitor the effective implementation
of the rights. The KCPCR has to outline the parameters that have to be monitored and factor in
on bringing effectiveness in grievance redressal.
It is the duty of the parents/guardians as per Section (10) of the Act to ensure that their
children/wards go to schools. This implies that SDMC members, local authorities and
community at large must persuade reluctant parents/guardians to fulfill their duty. The Act
prohibits teachers from private teaching activity (section 28). This prohibition is only for
teachers in EE and the Act says nothing about private tuitions conducted by other persons /
organizations.
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As per section 30, till the completion of EE, there shall be no Board Exams. GoK has already
banned (Annexure 9.5) Board Exams (which were conducted for class VII) from the academic
year 2003-04. The Act (section 16) also prohibits detention in any class or expulsion from school
until the completion of EE. Penalties and disciplinary action have also been specified for those
who contravene the Rules.
The State Government has issued many notifications to make provisions of various sections
provided in the RTE Act. It is in the process of notifying some more provisions. But the Act as
such has not yet been implemented.
5.6 RTE and Budget
The financial requirements for implementing RTE have been estimated by various committees
and organizations. NUEPA (2009) had estimated the requirement under RTE as `171,000 crore
over the five years from 2010-11 to 2014-15. Revised estimates after factoring teachers‟ salaries,
however, showed that implementation of the Act would cost the Centre a staggering `231,000
crore. Out of this, Finance Commission's allocation of `24,000 crore will be annually allocated
to State Governments. The remaining `207,000 crore will be shared by the Centre and the states
based on a 65:35 formula which indicates that annual requirement to be approximately `41,400
crore.
For the year 2011-12, budget proposed for Ministry of HRD is `52,060 crore though HRD had
requirement of `80,000 crore. For Department of School Education and Literacy it is `38,957
crore, of which `21,000 crore (including `1,912 crore earmarked for NE region) is for SSA-
RTE. In 2010-11 BE, `15000 crore was allocated for SSA13. The allocation of `21,000/- crore
will be shared between SSA and RTE, but the requirement for the later alone is about `41,400
crore.
The funding pattern during Eleventh Plan for first year was 65:35 which gradually reduced
annually and for the last year of the Plan it was to be on 50:50 basis between Centre and the
States/UTs. However, with the operationalization of RTE Act, the funding pattern between the
Centre and the States in respect of RTE-SSA programme for the period 2010-11 to 2014-15 has
13
Union Budget 2011-12
Page | 36
been revised as 65:35 for States/UTs, retaining the existing funding pattern of 90:10 for NE
States. The State Budget 2011-12 for EE is `1,195 crore. The amount allocated for SSA is
`133.5 crore which was `130 crore in 2010-11 BE14. Various states are demanding more funds
from the Centre for implementing RTE Act. Also, the Budget allocation in 2010-11 and 2011-12
is considered inadequate to meet the requirements for implementing RTE.
5.7 Challenges for Karnataka
Adequate measures have to be taken up immediately for bridging the regional, social and gender
gaps at all levels of education. The available statistical data like DISE data, Census 2011, can be
used for identifying the existing gaps. For example, NE districts occupy bottom positions in EDI.
After identifying the gap, the next steps involve formulating strategies, effective implementation
and monitoring.
For meeting the infrastructure requirements of new and existing schools within the defined
timelines, sufficient numbers of technically qualified staff will need to be put in place at block,
district and State level for assisting the SDMCs with technical drawings and estimates and for
quality supervision. A design cell in the civil works unit at the State and district level is essential
for Whole school development plan.
One of the main reasons for not implementing the RTE Act by States/UTs is the requirement of
more funds. Another aspect that requires consideration is effective utilization of funds. How the
funds will be allocated across various functionaries, the purposes for which money can be
utilized, monitoring tools for proper usage of funds have to be delineated.
The State has to give priority for developing and implementing monitoring systems to measure
quality related outcomes, such as students learning outcomes, teacher performance, etc. Whether
the implementation of RTE Act has led to favourable outcomes like increased literacy rate,
higher EDI value, etc can also be measured to know the impact.
Providing EE to children of 6-14 years age group requires provision of proper pre-school
education for children between 3-6 years. Also, for those who acquire EE, ample opportunities
14
Karnataka State Budget 2011-12
Page | 37
should be provided for completing secondary and higher education. The State should realize that
implementation of RTE Act is a continuous process having long term implications and develop
proper mechanisms so that it does not become redundant with time.
Education is a State subject. The RTE Act has laid down general rules on which the State has to
elaborate by including specific details. For example it is for the State Government to prescribe
the size of the playground. Most schools in the urban area may not be able to meet the criteria
due to non-availability or high prices of land. This is one of the reasons for States‟ forming their
own RTE Rules on the model rules laid down in RTE Act.
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6. SUGGESTIONS
The Right to Free and Compulsory Education Act 2009 which was passed in the Parliament
became effective on April 1, 2010. Even after completion of its first anniversary, it is found that
the implementation of the Act is a non-starter. Government of Karnataka should take all
measures for providing free and compulsory education for children as per RTE Act 2009.
Following suggestions have been made for successful implementation of the Act:
1. RTE Rules for Karnataka which govern implementation of the Act have to be notified.
2. To have a clear and definite plan of action for effective implementation of the Act.
3. Allocation of fund requirement for effective implementation of free and compulsory
education as per the RTE Act 2009 should be estimated by the Department. This
allocation of funds may be planned in different phases. The funding sources, strategies to
be adopted for implementation of the Act may also be explored by the Department.
4. The facilities or benefits may it be infrastructure (school building, playground, rooms etc),
teachers, resource materials, grants to schools should be according to requirements
obtained from the implementation level.
5. The authorities should see that all children are treated equally irrespective of their religion,
race, etc. Karnataka Commission for Protection of Child Rights (KCPCR), may examine
and review the safeguards for the rights of the child and Education Department to co-
ordinate with KCPCR.
6. Quality of education should be the main concern and the academic institutions like
DSERT and Textbook society should play a vital role in designing of curriculum, syllabus,
training of teachers, designing textbooks and making it available to students in time.
7. Co-ordinating with various Government Departments for effective implementation of
government programmes and avoid duplication of beneficiaries, fund utilization etc.
8. Girl children should be paid special attention. They should be encouraged and motivated.
Good facilities have to be provided like separate toilets, hostels, etc.
9. Existing monitoring system may be streamlined and a comprehensive monitoring system
that looks into academics and administration should be designed.
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10. Awareness programmes on RTE Act/rules should be taken up for Teachers/Parents/

Guardians/SDMCs/CACs for sending their children/ wards to schools. Community based
NGOs may be involved to take up such programmes.
11. Distance mode (SIRD) may be explored to create awareness on the importance of the RTE
act 2009 / rules among the local authorities.
12. Teachers who play a vital role in shaping a child‟s future should be motivated. Special
incentives should be given to them for serving in rural areas. Their skills should be
constantly upgraded by providing training. Training should be given to teachers to help
attain Mastery in their subjects. This can be achieved by training them with with subject-
enrichment programmes.
13. Department should have a comprehensive data base of teachers and recruitment of
teachers to be planned as and when the vacancy of teachers arises.
14. Workshops have to be conducted regularly for initial period, say, three years with various
officials and functionaries at district and block level along with representatives from
Government and Private Schools on awareness about the rules, implementation and
monitoring of RTE Act.
15. The Act does not account for the outcome achieved and end-result aimed to be achieved
through this legislation. More importance should be given for achieving qualitative rise in
the learning level of the targeted children. The outcome needs to be ascertained in terms of
the minimum learning level that we aim to achieve for the targeted children at the end of
the eight years of elementary education; the rise in survival and retention rates of the
children at the primary and the upper primary levels; the increase in the national transition
rate of children from primary to upper primary levels, which can realistically be achieved
through inputs being fed into the system by the means of the RTE Act.
16. For improving learning, we need to focus on the characteristics of schools. Thus,
improvements in learning can be achieved by designing appropriate policies for
motivating teachers and also parents to improve their parenting and oversight practices.
17. The Act envisages continuous evaluation of children, the strategies for achieving this may
be taken up by DSERT at the State level supported by DIETs, Block Resource Centres
and Cluster Resource Centres. This has to ensure in improving the quality of education in
both teacher and the child.
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18. There is a need for the formation of urban and rural co-coordinator along with district co-
coordinators in every State. The functions of RTE trickle down from Centre to State to
local authorities to SMC and school heads. The Act specifies the functionaries at Central
and State level like NCPCR, SCPCR, National and State advisory Councils. There is a
need to coordinate the efforts of separate functionaries for effective implementation.
19. In view of the demands of rapidly changing technology and the growth of knowledge
economy, a mere eight years of elementary education would be grossly inadequate for our
young children to acquire necessary skills to compete in the job market. Therefore, a
Mission for Secondary Education is essential to consolidate the gains and to move forward
in establishing a knowledge society. Strategy for future should include resolving problems
in the higher education sector, where there is a need to expand the system and also to
improve quality. It is also desirable to create a pre-school component attached to all the
existing primary schools
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7. CONCLUSION
Education is a key to economic development and the enjoyment of many other human rights.
Education provides a means through which all people can become aware of their rights and
responsibilities, which is an essential tool for achieving the goals of equality and peace.
Half a century after the Constitution of India directed the States (Concurrent list) to ensure free
and compulsory education for every child aged 0-14 in the republic, followed by the Millennium
Declaration of United Nations and amendment of the Constitution in 2002, the Right to Free and
Compulsory Education Act, 2009 was unanimously passed by Parliament in August 2009 and
became effective from April 1, 2010.
We are yet to get the Act off the ground; State Rules which govern the implementation of the Act
have been notified by very few States. There is shortage/excess of teachers in places; basic
facilities like toilets, drinking water are also not available in required number. One of the major
issue is inadequate budgetary provisions and the debate of who (Centre or the State) should bear
a larger share.
The Right to Education does not limit education to the primary or the first stage of basic
education, or among children of a particular age group. The Right to Education is also not an end
to itself, but an important tool to acquire basic human skills thus improving the quality of life.
The RTE Act mandates several substantive reforms that are systemic in nature. States/UTs would
need to issue appropriate rules and government orders for implementing the entire gamut of
provisions. The biggest challenge is to have an integrated approach to synthesize and integrate
the wide variety of provisions, strategies and interventions.
Page | 42
8. BIBLIOGRAPHY
1. Madhav Godbole, “Elementary Education as a Fundamental Right”, Economic and

Political Weekly December 15, 2001
2. Arun Mehta “Elementary Education In India”, Analytical Report 2006-07 and 2007-08,
NUEPA.
3. Tooley, James,“The Global Education Industry”, 2nd edition, Institute for Economic
Affairs, London 2001.
4. Mohammad NiazA sadullah and Nazmul Chaudhury, “Madrasas and NGOs:
Complements or Substitutes? Non-State Providers and Growth in Female Education in
Bangladesh”, World Bank Research Paper, 2008, WPS 4511.
5. Felipe Barrera-Osorio1,“The Impact of Private Provision of Public Education: Empirical
Evidence from Bogotá Concession Schools, Impact Evaluation”, Series no. 10,
WPS4121.
6. B.C. Mehta &KrantiKapoor, “Implementing Right To Education Act”, 07 March, 2010.
7. GoK,“Human Development in Karnataka” 1999, Planning Department, Government of
Karnataka, Bangalore.
8. The Indian Express, June 16, 1998.
9. Kaul, Rekha, “Caste, Class and Education: The Politics of the Capitation Fee
Phenomenon”, Sage Publications, New Delhi, 1993.
10. Bhatty, Kiron, “Educational Deprivation in India: A Survey of Field Studies”, Economic
and Political Weekly, Vol XXXIII, Nos 27 and 28, July 4 and 11, 1998, pp 1731-40,
1858-63.
11. 1996 estimates of the Department of Public Instruction, Government of Karnataka.
12. Ramachandran, Vimla,“Bridging the Gap Intention and Action: Girls' and Women's
Education in South Asia”, ASPBAE, UNESCO- PROAP, New Delhi, 1998.
13. Swaminanthan, Mina :“Where have All the Children Gone?”, The Hindu, November 14,
1999.
14. J.N. Panday, “Constitutional Law of India”, 24th edition, Allahabad publication.
Page | 43
15. Vijay Rai Naredra Kumar, “Right to Education The Way Forward”, published by Perfect
Publication Pvt. Ltd. B-II/100, Mohan Co-operative Industrial Estate, Mathura Road,
New Delhi – 110044.
16. Government of Karnataka, Economic Survey 2009-2010 & 2010-11, Planning
Programme Monitoring and Statistics Department.
17. World education report 2000.
18. United Nations Literacy Decade (2003-2012)
19. Fifty fifth meeting of the Central Advisory Board of Education, retrieved on 07.03.2010,
http://planipolis.iiep.unesco.org/upload/India/India_CabeAgenda100209.pdf
20. India Right to Education, retrieved on 07.03.2010, http://righttoeducation.in/
21. Sarva shikshana Abhiyana, Human Resource Department, retrieved on 07.03.2010,
http://ssa.nic.in
22. The draft rules of Karnataka to implement Right to free and Compulsory Education, Act,
2009, retrieved on 07.03.2011, http://www.edukar.gov.in/SSA/pdfdocs/rtedraftrules.pdf
23. Education in Karnataka State, 2009-10, A District-wise Analytical Report, SSA, retrieved
on 23.06.2011, http://ssakarnataka.gov.in/pdfs/data/AR_Report_2009-10.pdf
24. DISE Flash statistics, 2009-10, retrieved on 30.05.2011
25. Census 2001 and 2011 (provisional) data
26. Union Budget Document 2011-12.
27. Karnataka State Budget Document 2011-12.
Page | 44
9. ANNEXURES
Annexure 9.1 – Provisions of the Constitution of India having a bearing on Education
Article /
Part Title Title
Schedule
13 Laws inconsistent with or in derogation of the fundamental rights
15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of
III birth
21A Right to education
Fundamental Rights
[Inserted by the 86th Amendment in December, 2002 and passed by the
Parliament in July, 2009. The provisions of the Act came into force from 1st
April, 2010]
28 Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
30 Right of minorities to establish and administer educational institutions
37 Application of the principles contained in this Part

38 State to secure a social order for the promotion of welfare of the people
39 Certain principles of policy to be followed by the State
41 Right to work, to education and to public assistance in certain cases
IV
45 Text in force –
Provision for free and compulsory education for children
Directive Principles of [Inserted by the 86th Amendment in December, 2002 and passed by the
State Policy Parliament in July, 2009. The provisions of the Act came into force from 1st
April, 2010]
Provision for early childhood care and education to children below the age of six
years
46 Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
47 Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
IV A Fundamental Duties 51A Fundamental Duties
243B Constitution of Panchayats

IX 243G Powers, authority and responsibilities of Panchayat
The Panchayats Eleventh (17) Education including primary and secondary schools
Schedule (18) Technical training and vocational education
(19) Adult and non-formal education
243Q Constitution of Municipalities

IX A
243W Powers, authority and responsibilities of Municipalities, etc.
The Municipalities
Twelfth (13) Promotion of cultural, educational and aesthetic aspects
Schedule
Page | 45
244 Administration of Scheduled Areas and Tribal Areas

X Fifth Provisions as to the Administration and Control of Scheduled Areas and
The Scheduled and Schedule Scheduled Tribes
Tribal Areas
Sixth Provisions as to the administration of tribal areas in the States of Assam,
Schedule Meghalaya, Tripura and Mizoram
246 Subject-matter of laws made by Parliament and by the Legislatures of States

Seventh List I – Union List
XI Relations between Schedule List II – State List
the Union and the
States
List III – Concurrent List
254 Inconsistency between laws made by Parliament and laws made by the
Legislatures of States
344 Commission and Committee of Parliament on official language

XVII Eighth Languages
Official Language Schedule
350A Facilities for instruction in mother-tongue at primary stage
351 Directive for development of the Hindi language
Temporary, 371 E Establishment of Central University in Andhra Pradesh

XXI Transitional and
Special Provisions
Page | 46
Annexure 9.2 – The Constitution (Eighty-Sixth Amendment) Act, 2002 (12th December, 2002)
Page | 47
Page | 48
Annexure 9.3 – Karnataka Task Force on Education Recommendation on SDMCs
Page | 49
Annexure 9.4 – District-wise EDI of Karnataka for 2009-10
Source: Economic Survey of Karnataka 2010-11, PPMSD
Page | 50
Annexure 9.5 – Circular of GoK banning Class VII public exam
Page | 51
Page | 52
Annexure 9.6 – The Right of Children to Free and Compulsory Education Act, 2009
Page | 53
Page | 54
Page | 55
Page | 56
Page | 57
Page | 58
Page | 59
Page | 60
Page | 61
Page | 62
Page | 63
Page | 64
Page | 65

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FISCAL POLICY INSTITUTE

CHALLENGES IN IMPLEMENTATION OF RIGHT TO FREE AND

A Critical Analysis of India with special focus on Karnataka

Submitted as part of Summer Internship

January to March 2011

Mr. P.R. Devi Prasad, IES Place: Bangalore

Mr. P. R. Devi Prasad, IES

Any errors and omissions are the responsibility of the author.

Table 1 Constitutional Guarantees of the Right to Education in various Countries 9

Table 2 Provisions of the Constitution of India having a bearing on Education 12

The Right of Children to Free and Compulsory Education Act, 2009 – an

Table 4 Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011 18

Table 5 Literacy Rate 2001-2011 for India & Karnataka 28

EDI – Karnataka‟s Position at Primary, Upper Primary and Composite

AIR All India Report

1.1 Objectives of the Study

The objectives of the study are:

1. To study Right to Free and Compulsory Education in International Perspective.

1.2 Research Methodology

1.3 Limitations and further research

2. RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION IN

2.1 Aims and Objectives of Education in International Covenants and Treaties

2.2 Key treaty provisions on Free and Compulsory Education

Some of the provisions are mentioned below:

2.3 Role of International Agencies in making Education available for all

2.3.1 Universal Declaration of Human Rights (UDHR)

iii. Protocol Instituting a Conciliation and Good Offices Commission to be

2.3.2 The Commission on Human Rights

2.3.3 United Nations Educational, Scientific and Cultural Organization (UNESCO)

2.3.4 United Nations Child’s Fund (UNICEF)

2.3.5 World Bank

2.3.6 International Labour Organization (ILO)

2.4 Constitutional Guarantees of the Right to Education in various Countries

Table 1: Constitutional Guarantees of the Right to Education in various countries

Progressive realization or partial guarantees: No constitutional guarantee:

3. CONSTITUTIONAL MANDATE – RIGHT TO EDUCATION

The need to address inadequacies in retention, residual access, particularly of un-reached

3.1 The Constitution (Eighty-Sixth Amendment) Act, 2002

3.2 Constitutional Articles / Schedules safeguarding the interest of the child

i. Article 13 secures the paramountcy of the Constitution in regard to fundamental rights.

Table 2 : Provisions of the Constitution of India having a bearing on Education

37 Application of the principles contained in this Part

Source: Dept of Higher Education, MHRD, GoI

iii. Article 21 relates to freedom as to attendance at religious instruction or religious worship

3.3 Supreme Court Judgments on Right to Education

4. RIGHT TO FREE & COMPULSORY EDUCATION IN INDIA

The emerging knowledge-based economy, characterized by rapid technological changes and

4.2 Studies conducted on quality of education and the role of communities

4.3 Sarva Shiksha Abhiyan and RTE

4.4 Status of Implementation of RTE Act, 2009 in India

Table 4: Status of implementation of RTE Act, 2009 in States/UTs as on 15.3.2011

23 Meghalaya No In process No In In In In process Instructions not Under process

Number of States fulfilling the various requirements

Other Provisions in the RTE Act

Duties of appropriate authorities: There is a certain overlap and complementarities in

4.5 Challenges with RTE

According to experts, RTE Act is a non-starter because of grossly inadequate budgetary

5. RIGHT TO FREE AND COMPULSORY EDUCATION, CRITICAL ANALYSIS IN

5.1 Acts and Rules enforced in Karnataka

5.1.1 The Karnataka Education Act, 1983

5.1.3 Karnataka Task Force on Education

Prioritizing EE has been recommended by various commissions. Expenditure Reforms

5.2 Literacy in Karnataka

Table 5: Literacy Rate 2001-2011 for India & Karnataka