right of children to free and compulsory education act 2009

Right of Children to Free and Compulsory Education Act 2009

right of children to free and compulsory education act 2009

The Right of Children to Free and Compulsory Education Act, 2009 consists of 38 sections divided into 7 chapters outlining the legal framework for elementary education in India under Article 21A.

Chapter I: Preliminary (Sections 1–2)

  • Section 1: Short title, extent, and commencement of the Act.
  • Section 2: Definitions of terms like appropriate government, child, elementary education, and capitation fee.

Chapter II: Right to Free and Compulsory Education (Sections 3–5)

  • Section 3: Right of children to free and compulsory education in a neighborhood school.
  • Section 4: Special training provisions for age-appropriate admission of out-of-school children.
  • Section 5: Right of a child to transfer to another school.

Chapter III: Duties of Appropriate Government, Local Authority and Parents (Sections 6–11)

  • Section 6: Duty of the government and local authority to establish neighborhood schools.
  • Section 7: Sharing of financial and other responsibilities between central and state governments.
  • Section 8 & 9: Specific duties of the appropriate government and local authorities.
  • Section 10: Duty of parents and guardians to ensure elementary education attendance.
  • Section 11: Provision for pre-school education for children above three years.

Chapter IV: Responsibilities of Schools and Teachers (Sections 12–28)

  • Section 12: Extent of school responsibility, including the 25% reservation for weaker sections in private/specified schools.
  • Section 13: Prohibition of capitation fees and screening procedures for admission.
  • Section 14 & 15: Proof of age and rules against denial of admission.
  • Section 16: Prohibition of holding back and expelling students in elementary classes.
  • Section 17: Prohibition of physical punishment and mental harassment.
  • Section 18 & 19: Requirement of a certificate of recognition and compliance with school infrastructure norms and standards.
  • Section 20: Power of the government to amend the schedule of norms.
  • Section 21 & 22: Formation of School Management Committees (SMC) and School Development Plans.
  • Section 23: Qualifications, terms, and service conditions of teachers.
  • Section 24 & 25: Duties of teachers and maintenance of specified Pupil-Teacher Ratios (PTR).
  • Section 26 & 27: Filling up teacher vacancies and restrictions on deploying teachers for non-educational work (except census, elections, and disaster relief).
  • Section 28: Prohibition of private tuition by teachers.

Chapter V: Curriculum and Completion of Elementary Education (Sections 29–30)

  • Section 29: Curriculum development aligned with constitutional values and all-round child development.
  • Section 30: Exemption from holding mandatory board/completion examinations until the end of elementary education (as amended later by states).

Chapter VI: Protection of Right of Children (Sections 31–34)

  • Section 31 & 32: Monitoring of the child’s right to education and grievance redressal mechanisms through National/State Commissions for Protection of Child Rights (NCPCR/SCPCR).
  • Section 33 & 34: Constitution of a National Advisory Council to advise the central government.

Chapter VII: Miscellaneous (Sections 35–38)

  • Section 35: Power of central/state governments and local authorities to issue guidelines and directions.
  • Section 36: Prior sanction of the appropriate government required for prosecution of offenses.
  • Section 37: Protection of action taken in good faith under the Act.
  • Section 38: Power of appropriate governments to make rules for carrying out the provisions of the Act.

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