Panchayat:Repo18/vol2-page0541

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  • THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

(Act 35 of 2009, as amended by Act 30 of 2012) An Act to provide for free and compulsory education to all children of the age of six to fourteen years. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:- CHAPTER PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009. (2) It shall extend to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Published in Gazette of India Ext.No. 39, Part II Section dt. 27/08/2009. Date of commencement:01/04/2010 asper Notification No. S.O. 428 (E) dt.16/02/2010 published in the Gazette of India Ext., Part II Section 3 (ii) dt.19/02/2010). Statement of objects and reasons (35 of 2009) The crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our Republic. The Directive Principles of State Policy enumerated in our Constitution lays down that the State shall provide free and compulsory education to all children up to the age of fourteen years. Over the years there has been significant spatial and numerical expansion of elementary schools in the country, yet the goal of universal elementary education continues to elude us. The number of children, particularly children from disadvantaged groups and weaker sections, who drop out of School before completing elementary education, remains very large. Moreover, the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education. 2. Article 21A, as inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, provides for free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such manner as the State may, by law, determine. 3. Consequently, the Right of Children to Free and Compulsory Education Bill, 2008, is proposed to be enacted which seeks to provide,- (a) that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards; (b) "compulsory education' casts an obligation on the appropriate Government to provide and ensure admission, attendance and completion of elementary education; (c) "free education' means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind offee or charges or expenses which may prevent him or her from pursuing and completing elementary education; (d) the duties and responsibilities of the appropriate Governments, local authorities, parents, Schools and teachers in providing free and compulsory education;and (e) a system for protection of the right of children and a decentralized grievance redressal mechanism. 4. The proposed legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker Sections is, therefore, not merely the responsibility of Schools run or supported by the appropriate Governments, but also of schools which are not dependent on Government funds.

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