Perspectives in Education and Education Policy · Chapter 8

Acts and Rights

What to remember

RTE Act 2009 (in force from 1 April 2010) makes education a right for every child aged 6 to 14, under Article 21A. It bans capitation fee, screening, physical punishment and private tuition by teachers.
RTI Act 2005 gives every citizen the right to ask for information from public authorities; the normal reply time is 30 days.
Child protection laws include POCSO 2012 (sexual offences) and the JJ Act 2015 (children in conflict with law and children in need of care). Child rights follow the UN Convention of 1989.

Right to Education Act 2009

The 86th Constitutional Amendment (2002) inserted Article 21A: the State shall provide free and compulsory education to children of 6 to 14 years. It also changed Article 45 (early childhood care for children below 6) and added Article 51A(k) (duty of parents to send children to school).
The Act was passed in 2009 and came into force on 1 April 2010. India became one of the countries that make education a legal right.

Section	Provision
3	Right of the child to free and compulsory elementary education in a neighbourhood school
4	Out-of-school child to be admitted to an age-appropriate class with special training
5	Right to transfer; admission without delay; no refusal for lack of a transfer certificate
6	Government to set up neighbourhood schools
8 and 9	Duties of the appropriate government and local authority
12(1)(c)	25% seats at entry level in private unaided schools for disadvantaged children, reimbursed by the State
13	No capitation fee and no screening test for admission
16	No child to be held back or expelled till completion of elementary education (amended in 2019)
17	No physical punishment or mental harassment
21 and 22	School Management Committee and School Development Plan
23	Minimum qualifications of teachers, set by the academic authority
24	Duties of teachers
25	Pupil-teacher ratio
27	No non-educational work for teachers except census, disaster relief and elections
28	No private tuition by teachers
29	Curriculum and evaluation: all-round development, learning in mother tongue as far as possible, continuous and comprehensive evaluation
30	No board examination till completion of elementary education; a completion certificate is given
31	NCPCR and State Commissions monitor the right

More points:

Pupil-teacher ratio: 30:1 at primary and 35:1 at upper primary level in the schedule of the Act.
No detention: the 2019 Amendment allows states to hold back a child in Classes 5 and 8 if the child fails the regular examination and a re-examination, after remedial teaching.
Neighbourhood school means a school within a short distance of the child's home; the norms are set by state rules.
Teachers: the Teacher Eligibility Test (TET) was made compulsory for appointment as part of the minimum qualifications.
SMC: at least three-fourths members are parents or guardians, with fair representation for disadvantaged groups and women; it prepares the School Development Plan.
Child with disability is covered by the Act; later law (RPwD Act 2016) extends the right to inclusive education.
Private tuition, capitation fee and screening are all banned; unrecognised schools must not run.

Right to Information Act 2005

Passed on 15 June 2005; fully in force from 12 October 2005. Any citizen may ask for information held by a public authority.
Process: application to the Public Information Officer (PIO) under Section 6 with a fee; reply within 30 days; within 48 hours if the matter concerns life or liberty of a person. If the request is given to an Assistant PIO, a few extra days are allowed.
Appeals: first appeal to the senior officer in the same department (Section 19(1)) within 30 days; second appeal to the Information Commission (Central Information Commission or State Information Commission) within 90 days.
Section 4: proactive disclosure by public bodies.
Section 8: exemptions such as national security, sovereignty, information that harms investigation, trade secrets, and personal information not connected to public interest. Section 8(2) lets disclosure override the exemption if the public interest is greater.
Section 24: some intelligence and security organisations are exempt, though corruption and human rights violation information must still be given.
Penalty: the Commission may fine a PIO for delay or denial without reasonable cause.
Relevance to schools: school records, funds, grants and results are open to the RTI system; RTI promotes transparency and accountability, and teachers should know how to respond.
Information Commissions are headed by a Chief Information Commissioner.

Child rights

Declaration of the Rights of the Child (1959) and the UN Convention on the Rights of the Child (UNCRC), 1989, which India ratified in 1992.
UNCRC groups rights into four types.

Type	Examples
Survival	Life, health, food, shelter
Development	Education, play, leisure, culture
Protection	From abuse, exploitation, neglect, child labour, trafficking
Participation	Express views, access information, form associations

General principles: non-discrimination, best interests of the child, right to life and development, and respect for the child's views.
Constitution: Article 21A (education), Article 24 (no child under 14 to work in factories, mines or hazardous work), Article 15(3) (special provisions for children and women), Article 39(e) and (f) (children not to be abused; given opportunities for healthy development), and Article 45 (early childhood care).
NCPCR (National Commission for Protection of Child Rights) was set up in 2007 under the Commissions for Protection of Child Rights Act 2005; states have SCPCRs.
Child Labour (Prohibition and Regulation) Act 1986, amended in 2016: bans work for children below 14 in all occupations (with limited exceptions for family work and entertainment after school) and bans hazardous work for adolescents aged 14 to 18.
Prohibition of Child Marriage Act 2006: minimum marriage age is 18 for girls and 21 for boys.
Children's Day in India is 14 November (birthday of Jawaharlal Nehru). World Children's Day is 20 November.
ICDS (1975) gives early care and nutrition to children below 6 years.
Teacher's role: know the signs of abuse and neglect, report, protect and respect the child's voice.

POCSO Act 2012

Protection of Children from Sexual Offences Act, 2012. In force from 14 November 2012.
Child means any person below 18 years. The Act is gender neutral: it protects boys and girls.
Defines penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, sexual harassment and use of a child for pornography.
Mandatory reporting (Section 19): any person who knows or fears an offence must report to the police or Special Juvenile Police Unit. Failure to report (Section 21) is punishable. Section 19 includes teachers, doctors and school heads.
Child-friendly procedure: statement recorded at the child's home or a place of the child's choice, by a woman police officer not in uniform; no arrest of the child at night; the child must not meet the accused; identity of the child is protected.
Special Courts: trial in camera; evidence to be recorded within 30 days and the trial to be completed within one year as far as possible.
Support person and the Child Welfare Committee help the child; compensation is available.
2019 Amendment: stricter punishment for aggravated penetrative sexual assault, including the death penalty, and a provision on child pornography.
Punishment for false complaint is only for a person who knowingly gives false information, not for an honest report.

Juvenile Justice Act 2015

Juvenile Justice (Care and Protection of Children) Act 2015 replaced the 2000 Act and came into force in January 2016.
Two groups of children (below 18):
Children in conflict with law (CCL): dealt with by the Juvenile Justice Board (JJB).
Children in need of care and protection (CNCP): dealt with by the Child Welfare Committee (CWC).
Heinous offences: a child aged 16 to 18 accused of a heinous offence may be assessed by the Board and tried as an adult in the Children's Court, after a preliminary assessment of mental and physical capacity. No death penalty or life imprisonment without release is given to a child.
Institutions: observation homes, special homes, place of safety, children's homes, and shelter homes.
Adoption: the Act gives a framework; the Central Adoption Resource Authority (CARA) is the national body.
Principles: presumption of innocence, best interest of the child, dignity, right to privacy, fresh start (records erased) and repatriation and restoration.
Rehabilitation: counselling, education, vocational training, and aftercare up to a certain age.
Teacher's role: refer a child in need of care to the Child Welfare Committee or Childline (1098).

Human rights

Human rights are the basic rights of every person simply because she or he is human: life, liberty, equality and dignity.
Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10 December 1948. Human Rights Day is 10 December. It has 30 articles; Article 26 is the right to education.
Two covenants (1966) followed: the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.
Protection of Human Rights Act 1993: created the National Human Rights Commission (NHRC), set up in October 1993, and State Human Rights Commissions, and Human Rights Courts in districts.
Constitution: Fundamental Rights (Part III) and Directive Principles (Part IV) cover most human rights. Article 32 gives the right to constitutional remedies; the High Courts have a similar power under Article 226.
Generations of rights: first (civil and political), second (economic, social and cultural), third (solidarity rights such as development and environment).
Human rights education teaches dignity, equality and non-violence and prepares children to respect the rights of others. Teachers can use stories, role play, class rules built on rights and duties, and a no-punishment school climate.

Exam traps

1. Article 21A gives the right for ages 6 to 14; Article 45 now covers early childhood care below 6.
2. RTE Act came into force in 2010, not 2009 (passed in 2009).
3. RTI reply time is 30 days; for life or liberty it is 48 hours.
4. POCSO defines a child as below 18 and is gender neutral.
5. JJB handles children in conflict with law; CWC handles children in need of care.
6. A child aged 16 to 18 may be tried as an adult only for a heinous offence after assessment.
7. NHRC was created under the Protection of Human Rights Act 1993; NCPCR under the 2005 Act.
8. The 25% reservation in private schools applies at entry level only, Section 12(1)(c).

One-liners

1. Article 21A was inserted by the 86th Amendment, 2002.
2. The RTE Act came into force on 1 April 2010.
3. RTE Section 28 bans private tuition by teachers.
4. RTE Section 17 bans physical punishment.
5. The RTI Act was enacted in 2005.
6. The first appeal under RTI is under Section 19(1).
7. UNCRC was adopted in 1989.
8. NCPCR was set up in 2007.
9. POCSO Act came into force on 14 November 2012.
10. The JJ Act 2015 replaced the 2000 Act.
11. UDHR was adopted on 10 December 1948.
12. NHRC was set up in 1993.

Practice questions

The RTE Act came into force on
1. 14 November 2012
2. 15 August 2009
3. 26 January 1950
4. 1 April 2010
Answer
D. 1 April 2010
Passed in 2009; in force from 1 April 2010.
Article 21A was inserted by the
1. 44th Amendment
2. 73rd Amendment
3. 42nd Amendment
4. 86th Constitutional Amendment
Answer
D. 86th Constitutional Amendment
The 86th Amendment of 2002 inserted Article 21A.
Article 21A provides free and compulsory education for children aged
1. 3 to 14 years
2. 6 to 14 years
3. 6 to 18 years
4. 0 to 6 years
Answer
B. 6 to 14 years
It covers elementary education.
Which RTE section bans physical punishment and mental harassment?
1. Section 13
2. Section 17
3. Section 30
4. Section 28
Answer
B. Section 17
Section 17 prohibits both.
RTE Section 13 prohibits
1. teacher training
2. mid-day meals
3. school buildings
4. capitation fee and screening procedure
Answer
D. capitation fee and screening procedure
No capitation fee and no screening for admission.
The School Management Committee under RTE must have at least what share of parents or guardians?
1. One-half
2. Three-fourths
3. One-fourth
4. All members
Answer
B. Three-fourths
At least three-fourths of the members are parents or guardians.
The pupil-teacher ratio prescribed for the primary stage under RTE is
1. 40:1
2. 50:1
3. 20:1
4. 30:1
Answer
D. 30:1
Primary 30:1; upper primary 35:1.
No board examination is to be held till completion of
1. Class 12
2. elementary education
3. Class 5
4. Class 10
Answer
B. elementary education
RTE Section 30 provides this.
RTE Section 12(1)(c) reserves what share of entry-level seats in private unaided schools for disadvantaged children?
1. 33 per cent
2. 10 per cent
3. 25 per cent
4. 50 per cent
Answer
C. 25 per cent
The State reimburses the expenditure.
Which RTE section allows admission of an out-of-school child in an age-appropriate class?
1. Section 3
2. Section 25
3. Section 31
4. Section 4
Answer
D. Section 4
Section 4 also provides special training.
The 2019 amendment of RTE changed the rule on
1. school buildings
2. pupil-teacher ratio
3. capitation fee
4. no-detention policy
Answer
D. no-detention policy
States may hold back children in Classes 5 and 8 after a re-examination.
Which body monitors the child's right to education under RTE?
1. NCPCR and State Commissions
2. NCTE
3. UGC
4. CBSE
Answer
A. NCPCR and State Commissions
Section 31 gives monitoring powers to them.
The RTI Act was enacted in
1. 1993
2. 2005
3. 2012
4. 2009
Answer
B. 2005
Fully in force from 12 October 2005.
Normal time limit for reply to an RTI request is
1. 7 days
2. 15 days
3. 30 days
4. 60 days
Answer
C. 30 days
The PIO must reply in 30 days.
If RTI information concerns the life or liberty of a person, it must be given within
1. 48 hours
2. 7 days
3. 15 days
4. 24 hours
Answer
A. 48 hours
This is the special time limit.
The first appeal under the RTI Act is made to
1. the Lok Sabha Speaker
2. the Supreme Court
3. a senior officer in the same public authority
4. the Prime Minister
Answer
C. a senior officer in the same public authority
Section 19(1) first appeal; second appeal goes to the Information Commission.
The second appeal under RTI lies with the
1. District Collector
2. High Court first
3. Gram Sabha
4. Information Commission
Answer
D. Information Commission
Central or State Information Commission.
Proactive disclosure of information by public bodies is required under RTI Section
1. 8
2. 4
3. 24
4. 6
Answer
B. 4
Section 4 requires voluntary disclosure.
Exemptions from disclosure under RTI are listed in Section
1. 4
2. 6
3. 8
4. 19
Answer
C. 8
Section 8 lists exemptions such as security and trade secrets.
UNCRC was adopted by the UN in
1. 1989
2. 1948
3. 1959
4. 1966
Answer
A. 1989
India ratified it in 1992.
Which is NOT one of the four categories of children's rights under UNCRC?
1. Survival
2. Protection
3. Participation
4. Taxation
Answer
D. Taxation
The four are survival, development, protection and participation.
The right to express views and form associations is a ___ right of the child.
1. survival
2. participation
3. protection
4. development
Answer
B. participation
Participation rights give children a voice.
NCPCR was set up in
1. 1993
2. 2012
3. 2007
4. 2019
Answer
C. 2007
It was set up under the CPCR Act 2005.
Children's Day in India is observed on
1. 14 November
2. 10 December
3. 20 November
4. 5 September
Answer
A. 14 November
It is the birthday of Jawaharlal Nehru.
The minimum legal age of marriage for girls in India under the 2006 Act is
1. 16 years
2. 21 years
3. 20 years
4. 18 years
Answer
D. 18 years
The Prohibition of Child Marriage Act 2006 fixes 18 for girls and 21 for boys.
Article 24 of the Constitution prohibits
1. private schools
2. employment of children below 14 in hazardous work such as factories and mines
3. child adoption
4. all education for children
Answer
B. employment of children below 14 in hazardous work such as factories and mines
Article 24 is part of the Right against Exploitation.
POCSO Act defines a child as a person below
1. 18 years
2. 21 years
3. 16 years
4. 14 years
Answer
A. 18 years
POCSO protects every person below 18.
POCSO Act came into force in
1. 2015
2. 1986
3. 2005
4. 2012
Answer
D. 2012
POCSO came into force on 14 November 2012.
POCSO is gender neutral, which means it
1. protects both boys and girls
2. protects only girls
3. protects only boys
4. protects only adults
Answer
A. protects both boys and girls
It applies to every child.
A teacher who learns that a child is being sexually abused should
1. do nothing without proof
2. report it to the police or Special Juvenile Police Unit
3. wait for the parents' decision
4. talk to the abuser privately
Answer
B. report it to the police or Special Juvenile Police Unit
Section 19 makes reporting mandatory; failure is punishable under Section 21.
Trial under POCSO in Special Courts should be completed, as far as possible, within
1. three years
2. five years
3. one year
4. one month
Answer
C. one year
Evidence within 30 days and trial within a year.
The Juvenile Justice (Care and Protection of Children) Act of 2015 replaced the Act of
1. 1986
2. 2005
3. 2000
4. 1992
Answer
C. 2000
It came into force in January 2016.
Children in conflict with law are dealt with by the
1. Gram Panchayat
2. Juvenile Justice Board
3. School Management Committee
4. Child Welfare Committee
Answer
B. Juvenile Justice Board
The Board handles CCL.
Children in need of care and protection come before the
1. High Court directly
2. Juvenile Justice Board
3. Lok Adalat
4. Child Welfare Committee
Answer
D. Child Welfare Committee
CWC handles CNCP.
Under the JJ Act 2015, a child aged 16 to 18 accused of a heinous offence may be
1. given the death penalty directly
2. assessed and possibly tried as an adult
3. sent abroad
4. never tried
Answer
B. assessed and possibly tried as an adult
A preliminary assessment is made by the Board.
The national authority for adoption in India is
1. NHRC
2. NCPCR
3. UNICEF
4. CARA
Answer
D. CARA
Central Adoption Resource Authority.
Childline telephone number for children in distress is
1. 100
2. 108
3. 1098
4. 112
Answer
C. 1098
Childline 1098 is a helpline for children.
The Universal Declaration of Human Rights was adopted on
1. 10 December 1948
2. 26 January 1950
3. 15 August 1947
4. 14 November 1989
Answer
A. 10 December 1948
Human Rights Day is 10 December.
The National Human Rights Commission was set up under the Protection of Human Rights Act of
1. 1950
2. 1986
3. 1993
4. 2005
Answer
C. 1993
NHRC was constituted in October 1993.
Which UDHR article deals with the right to education?
1. Article 3
2. Article 21
3. Article 1
4. Article 26
Answer
D. Article 26
Article 26 of the UDHR deals with education.
Right to Constitutional Remedies is under Article
1. 32
2. 14
3. 21A
4. 45
Answer
A. 32
Article 32 lets citizens move the Supreme Court for fundamental rights.
Consider the statements: 1. RTE bans private tuition by teachers. 2. RTE bans screening tests for admission. Which is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
C. Both 1 and 2
Both are in the Act (Sections 28 and 13).
Consider the statements: 1. The RTI reply time is 30 days. 2. The RTI Act applies only to private companies. Which is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
A. 1 only
RTI applies to public authorities.
Consider the statements: 1. POCSO protects only girls below 18. 2. POCSO makes reporting of an offence mandatory. Which is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
B. 2 only
POCSO is gender neutral.
Consider the statements: 1. JJB deals with children in need of care and protection. 2. CWC deals with children in conflict with law. Which is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Answer
D. Neither 1 nor 2
The roles are reversed.

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