The Right to Education (RTE) Act, 2009, grants free and compulsory education to children aged 6 to 14 in India, mandating a zero-tolerance policy for physical punishment and mental harassment. The usage aspect focuses on ensuring universal access to elementary education, prohibiting capitation fees, enforcing 25% reservation for disadvantaged children in private schools, and improving infrastructure and teacher standards. For violations, Section 17(2) states that anyone contravening the ban on physical punishment and mental harassment is liable for disciplinary action under the service rules applicable to them.
How the RTE Act is Used
- Ensure Free and Compulsory Education: Provide mandatory and free education for all children in the 6-14 age group.
- Prohibit Discrimination: Ban screening procedures, capitation fees, and private tuition for admission.
- Implement Reservation Policies: Mandate 25% reservation for economically weaker sections and disadvantaged groups in private schools.
- Improve School Infrastructure: Set standards for improving school infrastructure and require schools to meet them.
- Enhance Teacher Quality: Require teachers to have professional degrees within five years to retain their jobs.
- Facilitate Community Participation: Mandate the formation of School Management Committees (SMCs) to involve parents and communities in school governance.
- Promote Inclusive Admissions: Allow children to be admitted into an age-appropriate class if they have missed years of schooling, with special training to catch up.
Punishment Under the RTE Act
- Section 17(1): Prohibits children from being subjected to any form of physical punishment or mental harassment.
- Section 17(2): States that anyone who contravenes this provision is liable to disciplinary action under the service rules applicable to them. This means the punishment isn't a separate criminal penalty but falls under the employer's (the school or government) disciplinary framework.
What Constitutes Physical Punishment and Mental Harassment
- Physical Punishment: Includes actions causing affliction, torture, injury, or strain to the child, such as making them stand in painful positions or inflicting physical pain.
- Mental Harassment: Encompasses actions like sarcasm, name-calling, scolding, or using humiliating terms that cause mental trauma or abuse.
The overall objective of age-appropriate admission for these children is to save them from humiliation and embarrassment. The RTE Act, 2009, ensures the right of children to free and compulsory education as a fundamental right in India.