Exemptions under RTE Act

Why in news?

• The Supreme Court recently refused to entertain a petition questioning the exclusion of madrasas and Vedic schools from the ambit of the Right of Children to Free and Compulsory Education Act 2009.

More about the news:

• The Court observed that the exclusion of these institutions was specifically inserted into the 2009 Act by an amendment of August 2012

Main features of the Right to Education Act:

• Right-based:
  • Compulsory and absolutely free education to all children of India, between the age group of 6 to 14.
• No- detention policy:
  • No child shall be put off, expelled and scold or required to pass a board examination until he reached up to elementary education.
  • However Right of Children to Free and Compulsory Education (Amendment) Bill, 2018 >> does away with the no-detention policy. After the amendment its depend on the state to continue the policy of non-detention or not. Or the state may conduct the examinations either at the end of the 5th class or 8th class or both.
• Proof of age to take admission: 
  • For admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Marriages and death Registration Act 1856, or on the basis of such other documents as may be provided in the annexure. however, no child shall be left out for admission in a school for lack of age proof or other documents.
• Reservation
  • Twenty-five percent reservation for economically disadvantaged and weaker communities in admission to Class I in all private schools is to be compulsory.
• Quality
  • Improvement in the quality of education should be dynamic and important.
  • School teachers will need adequate professional degree within five years or not fulfill the condition might lose the job.
• Infrastructure
  • School infrastructure (if there is a problem) need to be improved in every 3 years, else recognition to that particular school will be canceled.
• Finance:
  • The financial burden will be shared between the central and the state government as an educational subject comes under the concurrent list.

Sections 1(4) and 1(5) of the 2009 Act:

• Section 1(5) of the Act states:
  • “Nothing contained in this Act shall apply to madrasas, Vedic pathshalas and educational institutions primarily imparting religious instruction”.
• Section 1(4) says:
  • “Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education.

Constitutional Provisions regarding Minority Educational Institutions:

• Article 29 and 30 of the Constitution contain provisions securing rights of minorities and minority-run institutions.
• Article 30(1) states that “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice”
• A majority community can also establish and administer educational institutions but they will not enjoy special rights under Article 30(1)(a).
• Special rights enjoyed by religious minority institutions are:
  • Under Art 30(1)(a), MEI enjoy right to education as a Fundamental Right. In case the property is taken over by state, due compensation to be provided to establish institutions elsewhere.
  • Under Article 30(2), the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language
  • Under Article 15(5), MEIs are not considered for reservation
  • Minority schools are outside the purview of the RTE Act. Further, in 2014, the Supreme Court in Pramati judgment made the whole RTE Act inapplicable to minority schools.
  • In St Stephens vs Delhi University case, 1992, SC ruled that MEIs can have 50% seats reserved for minorities
  • In TMA Pai & others vs State of Karnataka & others 2002 case, SC ruled that MEIs can have separate admission process which is fair, transparent and merit based. They can also separate fee structure but should not charge capitation fee.

PRACTICE QUESTION

1. RTE Act does not apply to madrasas, Vedic pathshalas and educational institutions primarily imparting religious instruction

2. RTE Act is inapplicable to Minority Educational Institutions

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer