Home / Legal Explainers / Citizen Rights & Constitution / Fundamental Rights / Right to Education

Right to Education

This explainer discusses the Right to Education which is a fundamental right guaranteed under Article 21A of the Constitution of India, 1950. It primarily deals with the law laid out in the Right of Children to Free and Compulsory Education Act, 2009.

Free and Compulsory Education
Admission Process into Schools
Different Categories of Schools
Denial of Admission into Schools
Curriculum and Evaluation Procedures in Schools
Detention Policy
Responsibilities of Schools
Complaining/ Grievances Regarding Child’s Education
Free Meals for Children in Schools (Mid-day Meal Scheme)
Qualifications of Teachers
Education for Children Belonging to Disadvantaged Groups

FAQs

My child is in a school and is getting education free of cost, but I need to transfer to another city. Will my child get free education in that city? What procedure should I follow?

A child may also seek transfer to another school for any reason whatsoever for completing his/her elementary education. Such transfers may be to any school, in any state in India, except for specific category schools and unaided private schools. The head-teacher or in-charge of the previous school shall immediately issue a transfer certificate, if the same is sought. If the head-teacher or in-charge of the school delays the issuance of a transfer certificate, he/she shall be liable for disciplinary action under the service rules applicable.(( Section 5, The Right of Children to Free and Compulsory Education Act, 2009.)) Furthermore, the delay in production of the transfer certificate cannot be made a ground for delaying or denying admission to a new school.(( Provisio 1, Section 5, The Right of Children to Free and Compulsory Education Act, 2009.)) Consequently, even if they don’t have documents like a transfer certificate and age proof, children must be given admission to a school.

If a school is derecognised by the Government, what happens to the children studying in that school, under the law on Free and Compulsory Education?

The children will get admission in a nearby government school.

Is it compulsory for parents to send their children to school?

The word ‘compulsory’ means that it is compulsory for the government to give free education to all children. It does not mean it is compulsory for parents to send their children to school.

How is the Child’s age determined for admissions in schools under right to education law?

For the purposes of admission to elementary schools under the Right to Education law, the age of the child is determined by way of an age of proof. The age of proof may include the child’s birth certificate or any other document which may be prescribed. In some cases the parents are required to confirm the child’s age by a written declaration or an affidavit. However, the child cannot be denied admission in case of a lack of proof towards age. ((Section 14, The Right of Children to Free and Compulsory Education Act, 2009. Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF))

Can my child get free pre-elementary education?

If the government has made the necessary arrangements for providing pre-school education to children between the ages of 3 and 6, then the child can get pre-elementary education, however, this is not compulsory.(( Section 11, The Right of Children to Free and Compulsory Education Act, 2009.)) In case, these schools have provisions for pre-elementary education, then they need to provide the same for free.

The government shut the school my child was studying in. What can I do?

If the government shuts down the school a child is currently studying in, in its order for shutting down, the government shall provide the directions regarding other neighbourhood schools that children of a closing school shall be admitted into.(( Section 18(3), The Right of Children to Free and Compulsory Education Act, 2009.)) In case of a failure of the government in providing for such directions, you may approach the local authorities or another neighbourhood school.

Will private schools get any money from the government for giving free education to 25% of the children?

Yes. The government will pay them the amount they spend on every child or its own per-child expenditure – whichever is lower.

Is pre-school education or education before first standard compulsory for children?

Governments can provide pre-school education to children between the ages of 3-6 years. However, it is not compulsory for them to do so.

What are religious schools and does the law on right to education of children, apply to such schools?

They are schools which give religious education, like Madrasas and Vedic Pathshalas. They are not obligated to provide free education.

What is the school management committee?

All schools run by the government or substantially aided by Government, including private schools, are mandated to form a School Management Committee (SMC). The SMC composes of the elected representatives of the local authority and the parents, with ¾th of the committee composed of parents of the children admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, based on which the school shall receive grants and measures of government planning.(( Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009.))

Can school teachers provide private tuitions?

No government school or private school teacher can provide private tuitions under the Right to Education law in India.(( Section 28,The Right of Children to Free and Compulsory Education Act, 2009.))

Do I legally have to admit my child in a school?

Yes, the right to education law puts a duty on parents or guardians to admit their child or ward to elementary neighbourhood school.(( Section 10, The Right of Children to Free and Compulsory Education Act, 2009.)) However, the aim of the law is to put a moral obligation on the parents to send children to school and not to compel them to do the same. Consequently, no penal provisions exist for contravention of this obligation.(( The Right of Children to Free and Compulsory Education Act, 2009.))