Question : Right to Education

(a) whether the Government has made any assessment of the success of the Right of Children to
Free and Compulsory Education Act, 2009 and if so, the details thereof, State/UT-wise;
(b) whether the Government has been facing any challenges/obstacles in the implementation of
the said Act and if so, the details thereof;
(c) whether it is a fact that No-detention Policy in schools has lowered the standard of education
and if so, the details of the comments received by the Government from various States, details
thereof, State-wise;
(d) the details of the meetings/ consultations held with education experts/ stakeholders regarding
this policy and the steps taken/proposed to be taken by the Government to amend the Right to
Education Act in this regard;
(e) whether the Government has received any request from various State Governments for
additional funds for effective implementation of the said Act and if so, the steps taken/being taken by
the Government in this regard; and
(f) whether the Government is aware of the fact that a number of children are still out of
schools or engaged in criminal activities and if so, the steps taken by the Government to bring such
children back to school?

Answer given by the minister

MINISTER OF HUMAN RESOURCE DEVELOPMENT
(SMT. SMRITI ZUBIN IRANI)

(a) & (b): Central Government reviews and monitors implementation of the Right of Children to
Free and Compulsory Education (RTE) Act, 2009 periodically with the States and Union Territories
at different fora, including the State Education Ministers’ Conferences. Educational data on outcomes
are collected through Unified District Implementation System of Education (UDISE) every year.
The status of these evaluations and monitoring is placed in the public domain on the Ministry’s
website. The Sarva Shiksha Abhiyan (SSA) is the designated scheme to meet the objective of the
RTE Act, 2009. The SSA was revised in September 2010 to conform to the RTE mandate. The
combined RTE-SSA programme is reviewed twice every year by a Joint Review Mission (JRM)
comprising independent experts and members of external funding agencies, covering all States by
rotation. All States and UTs have issued notifications enforcing RTE Act, 2009. Since the RTE Act,
2009 came into effect from 1st April, 2010, 44,595 school buildings, 7,00,460 additional classrooms,
5,46,513 toilets and 34,671 drinking water facilities have been sanctioned to States and UTs under
SSA programme to augment the school infrastructure for compliance with RTE Act. State-wise
details showing improvement in Pupil Teacher Ratio, Student Classroom Ratio, Dropout rate and Out
of school children are at Annexure-I.
The major challenge in meeting the objective of the RTE Act is ensuring quality
education for all children at elementary level.
(c) & (d): The no-detention policy has resulted in improvement of retention of children in
schools. This is reflected in decline in annual average dropout rate of children which is 4.15% at
elementary level as per UDISE, 2014-15. Some States have requested for review of no-detention
policy. Reports and views of several State Governments reflect that standard of elementary education
has come down due to no-detention policy. State-wise details of the comments received from various
States are at Annexure-II.
The Central Advisory Board of Education (CABE) Sub-Committee on Assessment &
Implementation of Continuous and Comprehensive Evaluation (CCE) and No Detention Provision
under the RTE Act, 2009 constituted as per the Resolution passed in the 59th CABE in its meeting
held on 6th June, 2012 under the Chairpersonship of Smt. Geeta Bhukkal, then Education Minister,
Government of Haryana, after having a series of discussions with multiple stakeholders, State
functionaries, organisation/individuals has submitted a Report which includes recommendation that
given current systemic challenges and process inefficiencies, “No detention” provision should be
implemented in a phased manner. Report of the Sub-Committee was placed before the CABE in its
63rd meeting held on 19th August, 2015 where it was decided to request all States/UTs to share their
views on the No-Detention Policy. 22 States have so far given their views on the policy. Out of
which 18 States have suggested that no detention policy should be reviewed. Another Sub-
Committee under the Chairpersonship of Minister of Education, Government of Rajasthan has been
constituted on 26.10.2015 inter-alia, to review the feedback received from States/UTs on the
No-Detention Policy Reports. There is no proposal at present to amend the RTE Act, 2009 in this
regard.
(e): Section 7 of the RTE Act, 2009 provides that the Central and State Governments have
concurrent responsibility for providing funds for carrying out the provisions of the RTE Act.
Allocation of outlays of the States under SSA are made on the basis of the approved Annual Work
Plans and Budgets (AWP&B) prepared by the States based on their requirements. The central share
released to States and UTs under SSA during the last five years and the current year is at
Annexure-III.
(f): As per independent survey commissioned by the Ministry of Human Resource Development
in 2014, 60.64 lakh children were out of school in the age group of 6 to 13. The survey indicates
consistent decline in the number of out of school children from 134.59 lakh in 2005 to 60.64 lakh in
2014 in the same age group.
Under Sarva Shiksha Abhiyan, 2.04 lakh primary and 1.59 lakh upper primary schools have
been sanctioned towards universal provisioning of schooling facilities at elementary level.
Preference for opening of school is given to tribal areas and areas with high concentration of SC, ST
and minority population. In addition, 3609 Kasturba Gandhi Balika Vidyalayas, which are residential
schools for girls at upper primary level, have been sanctioned to the States, particularly in
Educationally Backward Blocks for improving access to marginalised girls especially out of school.
Under the SSA, provisions have also been made for residential schools/hostels and
transportation/escort facility for children living in sparsely populated areas, children living in areas
where schools cannot be opened due to unavailability of land and children in need of care and
protection. Special training is also provided to all such children who are school dropouts and long
absentees to enrol them back to school.
The provision of Mid-day-Meal to all children also helps to enrolment of out of school
children. The National Commission for Protection of Child Rights has informed that they have
launched a “Street to School Campaign” in 2014-15 through the States/UTs to focus on street
children and to ensure their inclusion in the formal education system.

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