IMPLEMENTATION STATUS OF RIGHT TO EDUCATION (RTE) ACT 2009 IN TRIPURA: A CRITICAL ANALYSIS

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1 IMPLEMENTATION STATUS OF RIGHT TO EDUCATION (RTE) ACT 2009 IN TRIPURA: A CRITICAL ANALYSIS Rajib Malakar SIPARD & Research Scholar, Tripura Central University Contact No. : / rajibmrmd09@gmail.com ABSTRACT MGIRED Journal Volume 2(1) : ISSN Education is an essential human right which must be provided to all for the sustainable development of the nation. It enhances the productivity of the citizens and thus is directly linked to the welfare of the people. In India, Education is controlled by the Union Government and the states, with some responsibilities lying with the Union and the states having autonomy for others. Most of the universities in India are controlled by the Union or State Government. Article 21 A of the Indian Constitution casts a duty upon the State to provide Free Compulsory Education to children in the age group of 6-14 years, as the State may, by law, determine. Therefore, time to time a demand has been raised for a law to ensure the Free Compulsory Education in India. Though several Central and state level attempts have been taken towards this end. The Sarva Shikhsa Abhiyan (SSA) is one of the successful attempts. The last of such attempts resulted in the Right to Education Act (RTE) 2009 which declares education is a fundamental right for all. After enactment of the act the States/ UTs are also required to pay special attention to cope with the new provisions of RTE Act in terms of appointment of qualified teachers, development of special training programmes for out-of-school children admitted to age appropriate classes and preparation of relevant teaching learning materials. The Govt. of Tripura historically expenses a maximum share of its state budget in education sector. It is near about 21%, which is quite larger in the entire country. As per census 2011, the overall literacy rate of the state is 87.8%. The state has 4800 schools and 90% among them are Government schools. During , total enrolment in school was In this scenario, the good sign is that, girls enrolment rate is 49. This present study attempts to examine the implementation status of the RTE act provisions in the state in 90 Arobindo Mahato Assistant Professor, Dept. of Rural Management and Development, Tripura Central University arobindoyp@gmail.com

2 General Article Malakar & Mahato terms of availability, accessibility, acceptability and adaptability of elementary education facilities. Key Words: Free and Compulsory Education, Right to Education, Elementary Education, INTRODUCTION The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), which was passed by the Indian parliament on 4th August 2009, describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. After that, now India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April The act was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act. The RTE Act has provisions for every child who is above six years of age and has not yet been enrolled to any school or could not complete his/ her elementary education due to any reason to be admitted in a class appropriate to his or her age. After implementation of this act the States/UTs are also required to pay special attention to ensure the various important provisions of the RTE Act, such as: ü Right of disabled child to receive free and compulsory education in a neighborhood school, ü Completion of elementary education even after fourteen years of age, ü Right of child to seek transfer to any other school, ü Prohibition of holding back and expulsion of child, ü No child is denied admission because of lack of proof of age, ü Formulating standards and norms for school management committees, ü Qualification, terms and conditions of services of teachers, ü Filling of vacancies of teachers, ü Pre-school education (States/UTs may provide for this), ü Duties of teachers, and redressal of their grievances, ü Duties of parents/guardians, ü Prohibition of deployment of teachers for non-educational purposes, ü Maintaining pupil teacher ratio as specified, 91

3 RTE Act 2009 in Tripura ü Prohibition of capitation fee and screening procedures, ü Prohibition of physical punishment and mental harassment, ü Norms and standards for schools, ü Preparation of school development plan, ü Laying down the curriculum and evaluation procedures, ü Monitoring child's rights to education, and ü Constitution of State Advisory Council, among other aspects. The Indian previous elementary education system has been successful to some extent in achieving higher levels of funding, access, enrollment and infrastructure. However, high dropout rates, low attendance, universal, equitable and quality elementary education for all continue to be a challenge in this system. The Right to Education Act is a path breaking Act in the history of Indian Education towards providing quality elementary education to all. In case of Tripura, as per the Educational Development Index (EDI) conducted by the National University of Education Planning and Administration, Govt. of India th the state has achieved 10 position in educational accessibility point of view. This measured in terms of density of schools per 10 sq.km, availability of school per 1000 child populations and ratio of primary to upper primary schools/sections. One of the most important features of universal education is marginalizing the dropout rate. The average dropout rate of students in primary level in Tripura was 2.22 during It is much lower than the national dropout rate i.e It shows that, the state is performing its best towards inclusive education. Though, the state has some specific problems. Ensuring quality education for all is a strong challenge. To implement any kinds of proactive initiative the state is looking towards the Union Government for funding. As a member of North Eastern states Tripura is also facing the disadvantages of geographical location. Therefore, to implementing the state obligations of Right to Education Act is a challenge for Tripura. THE RIGHT TO EDUCATION ACT AND STATE OBLIGATIONS The Rights to Education act, 2009 encompass two broad components i.e. enhancement of access of all to education on the basis of equality and nondiscrimination, and freedom to choose the kind (public/private institutions) and content (religious and moral) of education. Both aspects represent the spirit and fundamental essence of the right to 92

4 General Article Malakar & Mahato education. The demanding nature of the obligations involved in ensuring the right to education is reflected in the number and variety of reservations, declarations and objections relating to the relevant article in the Convention on the Rights of the Child. However, the provisions of Right to Education Act can be divided in four components. These are (a) Equal enjoyment of, and equal access to, educational opportunities and facilities (b) Compulsory and free primary education (c) Generally available and accessible secondary education, and equally accessible higher education and (d) Freedom of choice in education, and freedom to establish private institutions. To ensure these provisions the CESCR has identified four elements of the state's obligations with respect to the right to education. These are (1) availability, (2) accessibility, (3) acceptability and (4) adaptability. The duty to provide compulsory and free primary education is undoubtedly a prerequisite for the realization of the right to education. THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES (TRIPURA) 2011 As per the direction of section 38 of the Right of Children to Free and Compulsory Education Act, 2009, the Government of Tripura has formulated the Right of Children to Free and Compulsory Education Rules (Tripura) 2011 and implemented it in the state. The rule consists of six parts. Part I of the rule is preliminary and defines various terms used in the rule. Part II of the rules discusses about the composition and functions of the School Management Committee for the purposes of section 21 of the RTE Act Part III tells about the right of children to free and compulsory education. Part IV of the rule mentions about the role and responsibilities of the State Government and Local Authority. Part V of the Rule is very important it describes the roles of Schools and teachers and the last part i.e. Part VI mentions about the protection of rights of the children. The character of the rule framed by the Govt. of Tripura is ensuring all the provisions mentioned in the Right to Education Act IMPLEMENTATION SCENARIO OF ELEMENTARY EDUCATION IN TRIPURA Infrastructure and Resources Infrastructure is a basic component to make education universal. As per the census 93

5 RTE Act 2009 in Tripura 2011, the state has a population of 36,71,032. Among them 74 % population belongs to rural area. The overall literacy rate of the state is 87.2% and female literacy rate is 82.7%. Presently the state has 4800 schools. Among them 4323 nos. schools are designated as Govt. School. This is around 90% of the total schools. The number of schools is also increasing. This is a continuous process. One more important point is that, 85% of the schools are belonging to rural area and half of them are primary schools. Category of School Number Primary School Pry. U. Pry School Pry. U. Pry School and Sec. + HS school Upper Pry 2 4 Upper Pry with Sec.+ HS. School Pry with U. Pry and Sec Upper Pry with Sec.10 6 Rural Govt. Schools Government School Total School Sources: School Report Cards , National University of Educational Planning and Administration SCHOOL INFRASTRUCTURES The RTE act mentions that, the school building should be well equipped with some infrastructures to ensure quality education. An office cum store for the head teacher, separate toilets for boys and for girls, a kitchen for cooking the free mid day meal, have access to safe drinking water, a library, a playground, and barrier free access. 94

6 General Article Malakar & Mahato Category Primary School (%) All School (%) Single Class room School Schools with Play ground School with girls toilet Schools with Boys toilet Schools with Drinking water Schools with ramp for disable children Schools with Kitchen Shed Schools having library Source: School Report Cards , National University of Educational Planning and Administration School Toilets are an integral part of every school building. But still there is a gap. Around 14 % schools don't have any girl's toilet. Though most of the schools have been upgraded to more than one class room but a minor percentage is still on waiting. It is hampering the spirit of quality education. STUDENT CLASS ROOM RATIO (SCR) As per the report published by the National University of Educational Planning and Administration on Elementary Education in India: Progress towards use (DISE ) in the country we have only 203 districts where SCR is above 30. Tripura has added only one district in the list. In Tripura, 21.67% primary level schools are identified where student class room ratio is below 30 during The average number of class room in per school of Tripura is 4.8, which is equal to the national level. In case of primary schools, the number is 3.7 against 3.5 of the national level. ACCESSIBILITY OF SCHOOL Tripura is geographically a hilly state. Here tribal people are living in small hamlets. But still, Govt. is ensuring schools for all. Right of Children to Free and Compulsory Education Rules (Tripura) 2011 ensures the two basic children's rights. a) In respect of children in classes' I-V a school shall be established within a walking distance of one km of the neighborhood. b) In respect of children in classes VI -VIII a school shall be established within a walking distance of three kms of the neighborhood. 95

7 RTE Act 2009 in Tripura In Tripura the density of primary school per 10sq. Km is 4.5, whereas, in case of upper primary schools the number is These average working days of these schools are around above 200 days. Only 2.68% primary schools are found in Tripura where average working day is less than 200. (Source: Elementary Education in India: Progress towards use (DISE ), NUEPA) TEACHER FOR EDUCATION Quality of teacher is an important issue of RTE 2009 to ensuring quality education for the children's. The percentage of Single teacher school in Tripura is very minor, it was around 2% during as per Elementary Education in India: Progress towards use (DISE ), NUEPA. Whereas, 3.71 % Primary schools are still belongs to so called single teacher school. The numbers of students in these schools are very poor. Only 1.71% schools were reported where the number of student is 15 or above. If we compare it with enrollment status, we may see that only 0.66% student of the total enrollment are belonging to these schools. The average number of teachers per school in Tripura is 9, whereas, in primary school the average number is 3.7. The teacher student ratio is 14, which is far below than the national level where it is 26. During not a single district was found from Tripura where teacher student ratio is 30 or above it. To ensure quality in education system ensuring professionally trained teacher is very important. Tripura is facing this problem. Only 43% teachers of Tripura are professionally trained. The details are as follows: Category of School Percentage of Percentage of Professionally trained professionallytrained Regular teacher contractual teacher Government School Government Aided school Private School Unrecognized school All School Source: Elementary Education in India: Progress towards use (DISE ), NUEPA 96

8 General Article Malakar & Mahato Engagement of Teachers in Non-teaching assignment: This issue is very crucial. It is a common phenomenon in India to involving the teachers in non-teaching activity like census, election duty, official work, etc. The RTE Act 2009 prohibits it. Good sign is that in Tripura this tradition has been reduced a lot. If we compare the last academic year situation with previous years it may be clear. Academic Year Percentage of Average Teachers Involved Working days Source: Elementary Education in India: Progress towards use (DISE ), NUEPA The above table shows that, after implementation of RTE a dramatic change has been occurs to ensure that teachers should be involved for ensuring education only. NO FAIL NO PASS POLICY The Section 16 of RTE Act states that, No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education. But it does not mean that children's learning will not be assessed. The RTE Act makes provision of continuous and comprehensive evaluation (CCE) procedure. It aims that, the teacher will assess the child's learning and performance in a more constructive way. Like the other states Tripura is also implementing this procedure. During the transition rate from primary to upper primary was RIGHT OF CHILDREN In respect of section 31 of RTE Act the Right of Children to Free and Compulsory Education Rules (Tripura) 2011 mentions the provision of The Right to Education Protection Authority (REPA). Again to ensure the section 34 of the RTE Act the Govt. has constituted a state advisory council to ensure the rights of the children. As per the Act, now punishment of children in terms of mental and physical harassment by the teacher is as an offence. Therefore in Tripura, physical punishment or mental harassment is not a practice in any of the school. Action has been taken by the administration where such complain arises against the teacher. 97

9 RTE Act 2009 in Tripura OUT COMES IN EDUCATIONAL INDICATORS High Enrollment The State Government is giving its effort to make education universal which has been resulted in high enrollment scenario. The enrollment scenario of the last few years is indicated in the above table: Grade Total Enrollment (Number) Girls Enrollment (%) I to V V to VIII Source: Elementary Education in India: Progress towards use (DISE ), NUEPA During the last three academic years the enrollment rate is at a high level. Most important thing is girl's enrollment rate. It is near about 50% of the total enrollment in both primary and upper primary level. ENROLLMENT OF THE VULNERABLE SECTIONS The presences of the children from socially backward families are also good in number in compare to their population size. Category Population percentage, Percentage of Enrollment Census 2011 Primary Upper Primary Schedule Caste Schedule Tribe Source: School Report Cards , National University of Educational Planning and Administration & Census 2011 The above table depicts that, education is accessible for all in the state. Beside this, the Muslim students of Tripura are also belongs to the 13% of the total enrollment. WITHOUT DROPOUT Education without drop out is a core essence of RTE. The drop out scenario of Tripura is as follows: 98

10 General Article Malakar & Mahato Grade Drop Out Rate in India Drop Out Rate in Tripura Primary Upper Primary Source: School Report Cards , & Elementary Education in India: Progress towards use (DISE ) National University of Educational Planning and Administration & Census 2011 The aim of the RTE is to make education drop out free as elementary education for every child is mandatory under this act. Hence there is a scope to give more effort to make the dropout rate zero. SCOPE OF IMPROVEMENT AND CONCLUSION The Right to Education Act creates a new era towards universal education. After implementation of the act improvement arises in several indicators. Quality education is now became an important issue and Government is also focusing it. Engagement of quality teacher is very essential for this purpose. Recently, the Agartala High Court gave a historical verdict towards ensuring quality teacher. The verdict is given on the basis of provisions mentioned under the RTE act. More than ten thousand teachers are now facing their job crisis. Providing quality education is most important than creating job opportunity for the un-qualified job seekers. So engagement of quality teacher in education sector is a big challenge now. One more important thing is proper assessment of the students. It will ensure the spirit of Right to Education. Elementary education is a noble step but, ensuring the education is also important. Learning level of the student is directly and positively interrelated to the quality of teaching. It also depends on a student's ability to understand and follow the teaching method, including the language and methodology of the teacher. Therefore professional training is very important. No doubt, after implementation of RTE lots of improvement has been achieved. But, we must be sincere while implementing the act. Because fulfilling the target is not our priority. Our priority is ensuring quality education for all in elementary level. 99

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