Madras HC: Don’t withhold RTE funds

Why in News?

The Madras High Court directed the Centre to consider releasing RTE funds separately from Samagra Shiksha funds, amidst Tamil Nadu’s refusal to implement NEP 2020 and pending ₹2,151.59 crore.

Description:

• Unnikrishnan vs. State of Andhra Pradesh (1993): Supreme Court declared Right to Education as a fundamental right under Article 21.
• 86th Constitutional Amendment Act, 2002:
  • Article 21A: Free and compulsory education to children aged 6 to 14 years.
  • Article 45 (DPSP): Early childhood care for children up to age 6.
  • Article 51A (Fundamental Duties): Duty of parents to educate children (6–14 years).

Enactment:

• Right of Children to Free and Compulsory Education Act, 2009: Enforces Article 21A.

Key Provisions of RTE Act:

1. Free and Compulsory Education
   1. For ages 6–14 in neighborhood schools.
   1. Children above 6 not in school must be admitted to age-appropriate classes.
   1. No detention, expulsion, or board exams till Class VIII.
2. Curriculum & Recognition
   1. Academic authority to decide curriculum.
   1. Pupil-teacher ratio: 1:30.
   1. Schools must fulfill infrastructure norms.
   1. Teacher Eligibility Test (TET) mandatory.
   1. NCTE sets teacher qualification norms.
3. Responsibilities
   1. Government & aided schools to ensure free education.
   1. Teachers prohibited from private tuitions.
   1. School Management Committees (SMCs) to monitor functioning and budgeting.
4. Government Duties
   1. Centre: Advisory council, curriculum, teacher standards.
   1. States: Implement admission, attendance, infrastructure.
5. Grievance Redressal
   1. NCPCR and State Commissions to protect child rights and act as civil courts.
6. Financial Aspects
   1. Cost shared by Centre and States.
   1. The Finance Commission may provide funds to states.

Achievements:

• Enrollment increased at upper primary level by 19.4% (2009–16).
• Infrastructure improved: 13% schools fully RTE compliant.
• 25% Reservation for weaker sections: Over 3.3 million students (2018–19).

Amendments

• 2012:
  • Included children with disabilities.
  • Exempted religious/minority institutions.
• 2019:
  • Abolished no-detention policy, states decide on its continuation.

https://www.thehindu.com/news/national/tamil-nadu/amid-nep-row-madras-hc-tells-centre-to-consider-paying-rte-funds-to-tn-by-delinking-it-from-samagra-shiksha/article69679577.ece

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