Oxfam India Policy Brief

No. 12 | March 2015

Right to Education Act:

Claiming Education for Every Child1
A conscious neglect of school education in the initial decades of independent India is termed by Dreze and Sen (2013)
as a home-grown folly.2 Public services like education are key to nurture participatory growth as well as to ensure that
growth improves peoples living conditions. However, Indias highly privatised and compartmentalised education system
- largely unaccountable to the public- offers very different opportunities for various social groups and perpetuates social
inequalities, instead of reducing them.3 Three out of four children currently out of school in India are either Dalit (32.4%),
Muslim (25.7%) or Adivasi (16.6%).4 Enactment of the landmark RTE legislation has triggered significant improvements,
but evidence shows that quality has often been neglected. While concerns regarding privatisation of education remain,
RTE Act offers a first step towards an educational system in India that offers access, equity, and inclusion of all children.

E xperience of inequality manifested through caste-

based discrimination shaped Dr B. R. Ambedkars
philosophy of education. The idea of education as a means
Latest ASER statistics show that 96.7 per cent of children in
the age group 6-14 years are enrolled in school in rural India.
This is the 6th year in a row that enrolment rates have been
to social change and equality informed his vision as he 96 per cent and above6. Latest District Information System
drafted Indias Constitution. Equality of opportunity as for Education (DISE 2014) statistics show that about 94.9
outlined in the preamble of the Indian Constitution has per cent schools in 2013-14 had drinking water compared
been widely interpreted to include equality in provision of to 83 per cent in 2005-06.7 Further, the schools have been
education and seen as a crucial factor in securing equality able to attract a significantly higher number of differently-
of status.5 abled children (2.49 million enrolled in 2013-14). 8

Translating this vision, the Right of Children to Free and Educational inequalities in India show a strong class
Compulsory Education Act (RTE) in 2009 put the onus on gradient: the National Sample Survey reveals that in the
the government to guarantee eight years of free, quality year 2007-08, about half of the people in the bottom 10 per
education to all children aged six to fourteen years. This cent population in terms of monthly spending are literate,
landmark legislation also marks decades of activism by as compared to almost 90 per cent literacy rate for the top
peoples movements. Since its enactment, the legislation 10 per cent of the population.9 Poorer children are shown
has brought about steady, if slow, progress. Figure 1 outlines to have lower educational participation indicators like
progress under RTE in terms of school infrastructure across enrolment and attendance, and it follows that a higher
the country. proportion is out of school10. Marginalised households
including Dalit, Adivasi, Muslim and female-headed
Figure 1: Progress under RTE households, and households with persons with disabilities,
which have high incidence of poverty, are particularly
100 93 95 vulnerable to educational exclusion due to impacts of
85 82 poverty.11 The Global Monitoring Report 2012 ranked India a
80 75 low 102 out of the 120 countries on the Education for All
(EFA) Development Index, based on progress in universal
62 primary education, adult literacy, gender parity and the
59 58
60
51 51 quality of education.12
47
40
43 In this context, drawing on existing research and recent
40 36 policy debates within civil society, Oxfam India suggests
32 31
28
25 the following to improve the implementation of the RTE Act:
20
Recommendations
Provide a roadmap to ensure compliance to RTE norms
0
Student % Primary % U. primary % Schools % Schools % % Schools % Schools % Schools
within three years
Ensure accountability to RTE through effective quality
classroom schools schools with with girls' Schools with with with
ratio with with drinking toilet with ramp playground boundary Kitchen
(SCR) SCR > 30* SCR > 35 water facility wall shed
facility monitoring
2010 2014
Address educational inequalities by ensuring
Source: http://ssa.nic.in/rte-docs/Final_RTE_4th_Year.pdf community involvement
Context While political will to bring in these sweeping reforms was
found lacking, proper implementation of RTE Act will help
In 2002, following concerted civil society mobilisation and substantially reduce existing educational inequalities.
interventions by the Supreme Court, Article 21A on the
right to education was inserted in the Constitution, as part Recommendations
of Right to Life. In April 2010, the Right of Children to Free
and Compulsory Education Act came into effect. Provisions Provide a roadmap to ensure compliance to
such as the prohibition of discrimination, instruction in RTE norms within three years
mother tongue, and implementation of continuous and
comprehensive evaluation (CCE) came into force. Standards While there are improvements, DISE figures point towards
of school infrastructure were to be met within three years major gaps as well. In terms of infrastructure, some figures
and teachers were to be adequately trained within five are worth noting. About 53.2 per cent of schools have
years. 13 The country has missed both the milestones. water hand-pumps and only 26.9 per cent have tap-water
facility. The percentage of schools with boys toilet is 94.5
The Right to Education (RTE) Forum Stocktaking Report out of which 92.7 per cent are functional compared to 84.6
(2014) suggests that across the country, less than 10 per per cent of schools have girls toilet out of which 91.6 are
cent schools comply with all of the RTE norms (Figure 2). functional. Still, only less than half of total schools have
The missing of deadlines laid down for implementation is hand wash facility available near toilet. Only 84.1 per cent
reflective of the fact that radical transformation of schools of schools that require it actually have ramp. In 2013-14,
and the educational system that was expected to have set out of government and aided primary schools where mid day
in motion with the enactment of RTE has not happened.14 As meal is being provided and prepared in school premises, one
shown in Figure 2, a large proportion of schools continue out of three schools do not have a kitchen shed. When we
to be non-compliant to norms and standards for a school account for all schools, the proportion is one out of four.21
stipulated by the RTE Act, 2009.15
UNESCOs latest EFA Global Monitoring Report (2014) paints
Figure 2: Compliance of Government Schools with a picture of a widespread learning crisis in India. Out of the
parameters stipulated in the RTE Act total 85 countries analysed, 21 countries had only less
than half of children learning the basics. Of these, 17 are
90%
from sub-Saharan Africa; the others being India, Mauritania,
15.40% Morocco and Pakistan.22 Contributing to this are problems of
72% Six Parameters under-staffing and poor training of teachers. In India, 5 lakh
20.96% sanctioned teacher posts are vacant and 6.6 lakh in-service
Seven Parameters
54% teachers are untrained. Around 37 per cent of primary schools
Eight Parameters do not conform to the national pupilteacher ratio (PTR) norm
36% 22.30% of 30:1. The average PTR ranged from 10:1 in Andaman and
Nine Parameters Nicobar Islands to 53:1 in Bihar. Moreover, around 10 per cent
All Ten Parameters of schools across the country are single teacher schools23.
18% 17.60%
Financing for RTE remains woefully inadequate. Total public
0%
8.30% expenditure for education, at less than 3.5 per cent of GDP,24
Percentage of Government Schools is way below the 6 per cent commitment in subsequent
Source: Government of India (2014), Education for All: Towards Quality with
National Education Policies. Accountability Initiative notes
Equity, NUEPA, New Delhi. that with the launch of RTE, the total SSA budget including
Government of India (GOI) and state shares increased over
two-fold from Rs 27,552 crore in FY 2009-10 to Rs 69,937
As the UN Special Rapporteur on the Right to Education
crore in FY 2012-13. However, the total approved budget
Kishore Singh cautioned, the global rise of privatisation
shows reductions. In FY 2014-15, only Rs 54,925 crore was
and lack of regulation further deepens inequalities in
approved under SSA, a drop of 22 per cent from FY 2012-
education.16 Recent Oxfam research has shown that
13.25 The fund sharing pattern emerging from 2015-16 Union
universal public services are one of the strongest weapons
Budget indicates that the central government is shifting
in the fight against inequality. They mitigate the impact
the fiscal responsibility towards State Governments as
of skewed income distribution and redistribute wealth by
90 per cent of the SSA allocation is now coming from the
putting virtual income into the pockets of the poorest
Prarambhik Shiksha Kosh and only 10 per cent from the
women and men.17
governments Plan Budget.26
As is well-known, access to free education is a key Global Monitoring Report 2014 notes that India is among
determinant to well-being in the short as well as the long the few middle income countries with potential to mobilise
term. A study from rural Uttar Pradesh estimated that for domestic resources for education through improved
an average family in the bottom 40 per cent of the income taxation27. Systemic inefficiencies in tax collection impede
distribution, educating all their children at a low-fee school effective taxation. For instance, majority of tax revenue
would cost around half of their annual household income.18 foregone is due to exemptions from custom and excise
Various government-appointed commissions have made duties to the tune of 5.7 per cent of GDP. If 20 per cent of this
radical recommendations such as the Common School is earmarked for education, which amounts to an additional
System (CSS)19 to reduce inequalities considerably and US$22.5 billion, it would increase education funding by
transform the landscape of education in the country.20 almost 40 per cent.28

Oxfam India Policy Brief No. 12 | March 2015

 Ensure accountability to RTE through effective Address educational inequalities by ensuring
quality monitoring community involvement
While efforts and funds have focused on developing Figure 3: Difference in Educational Indicators for
school infrastructure, evidence shows that quality has Women, Dalits, Adivasis and Muslims Relative to the
been neglected. Many states have neglected teacher National Average (%)
training and the growing practice of appointing para- 90
teachers on short-term contracts aggravates the problem. 3.4
Learning outcomes reflect these shortfalls: in 2014, more 0.4 1.7 1.3
than half of the children in class V could not read a class Overall=0
0
II textbook29. -1.3 -1.9
-5.4 -4.6 -4.8
Lack of accountability to RTE Act is a systemic challenge -10.6 -9.8
-12.9
and the existing checks and balances seem to have but a Women Dalits Adivasis Muslims
limited impact. Teacher absenteeism particularly affects
Literacy Rate -15 Year and above
disadvantaged students; absenteeism varied from 15 per
Out of School Rate
cent in Maharashtra to 42 per cent in Jharkhand.30 Moreover,
Current Attendance Rate for 5 to 14 years old
authorities have failed to monitor the implementation of the
Act across the country, no more than one in two schools Source: Centre for Equity Studies (2014), India Exclusion Report
were inspected31. Further, understanding of CCE has been 2013-14, Books for Change, New Delhi.
unclear among staff leading to improper implementation.
As DISE relies on information provided by teachers, with
Rollout of special training has been poor. Compounding
a focus on enrolment levels rather than actual school
this has been delayed supply of textbooks as also need for
attendance, it is said to provide a highly inaccurate
expediting curriculum and textbook reforms.32
estimation of access to education vis--vis vulnerable
children.37 Enrolment figures tend to ignore the invisible
The National and State Commissions for Protection of Child
children. Very few reliable estimates exist but a 2011 study
Rights (SCPCR) are responsible for addressing grievances
found 50,000 street children in Delhi alone and only one in
emerging out of such situations on the ground. A total of 29
five had received any formal education.38
States/UTs have constituted systems for monitoring RTE. A
recent analysis of RTE rules by Oxfam India showed that all A major loophole in the RTE Act is the failure to address the
state rules provide for the formation of either an SCPCR or issue of out-of-school children. According to estimates
a Right to Education Protection Authority (REPA) except in from UNICEF (2014), 17.8 million children in India remain out
Madhya Pradesh, Punjab, and Tamil Nadu. Ironically, Madhya of school.39 These children belong to the most marginalised
Pradesh had an SCPCR at the time of the rules drafting sections such as Dalits, Adivasis, urban poor and girls40.The
(albeit fairly understaffed). Himachal Pradesh does not absence of a homogenous definition and lack of an effective
mention the need for an SCPCR but intends to set up a REPA mapping and tracking system translate in diverging data.
in its rules33. According to government estimates, in 2014, 60 lakh children
were out-of-school.41 National Survey on Estimation of Out of
NCPCR itself is mired in court battles: the latest RTE Forum School Children, 2014 supported by the Ministry of Human
stocktaking report observes that Supreme Court stayed Resource and Development estimated their number at 60.4
the appointment of NCPCR members, after criticising the lakh42 and the National Sample Survey Organisation counted
governments failure to put in place norms and guidelines 49.8 lakh child labourers. Interventions to integrate these
for the members. At the same time, the number of cases children remain inadequate.
with the Commission has declined drastically over the years;
there were 1,177 in 2010-11 and 174 in 2013-14. There is Absence of clear operational guidelines that lay down
also a backlog of cases - there are still 484 open cases modalities of implementation at the community level
from the 2010-11 batch of complaints.34 A recent study in contributes to this situation. The lack of coordination
Karnataka showed that the redress procedures under RTE in between state and central administration and among
Karnataka are perplexing and poorly designed and have not relevant departments, such as Education, Tribal Affairs,
led to enforcement of the right. The authors noted that with Labour, Women and Child Development, and Social Justice,
faltering administrative accountability, many complainants is another challenge.
find themselves with unresolved grievances leading to
unenforced or improperly enforced rights.35 While the Act defines roles and responsibilities, the intent
is not fully translated into actual decision-making powers
ASER surveys have triggered a national conversation on the to the communities. The performance of the School
quality of education. While ASER surveys claim that children Management Committees (SMC43) remains varied and
who attend government schools perform worse than those uneven across states. According to DISE data, 88.4 per cent
in private schools, evidence from academic studies to the schools had an SMC in 2012-13, which improved to 91.1
contrary is emerging. A study by Azim Premji Foundation in per cent in 2013-14.44 There is inadequate representation
rural Andhra Pradesh which explored learning achievement of marginalised communities in SMCs and steps to enable
levels over five years showed that while private school linguistic minorities, women and persons from marginalised
children performed better than government school ones communities to engage with processes of the SMCs
in the first year; in subsequent years, government school- remains weak. Thus, in Delhi, only 18 per cent surveyed
going children performed just as well, if not better.36 schools reported to have proportional representation of

Oxfam India Policy Brief No. 12 | March 2015

disadvantaged groups45. Instances of gendered division of difficulties and parental choice, a large number of seats
labour- with womens roles relegated to managing mid day were vacant during academic year 2013-14.49 Most private
meals and distribution of uniforms, with rest of the roles schools have found this provision against their interests
being given to men abound. 46 and many have started litigation. Two schools in Pune
The growing number of children enrolled in private schools who refused to provide 25 per cent seats had challenged
further deepens the divide: better-off families turn to Pune Zilla Parishad in court and the Bombay High Court
private schools, while the poor remain confined to a held in 2014 that unaided minority schools are outside
neglected public system. RTE Act provided a 25 per cent the ambit of RTE Act and such schools are free to conduct
reservation for poor and marginalised children in private admissions as per their own rules.50 The Supreme Court also
unaided schools. A study conducted in the cities of Delhi has interpreted the privilege for minorities to run their own
and Bangalore by Oxfam India on the 25 per cent reservation educational institutions in a rather narrow sense, resulting
in private schools showed that certain disadvantaged in minority schools opting out of the requirements of RTE.
groups such as children with disabilities have been left out This has dealt a blow to the idea of inclusion, which is an
in both the cities. In Bangalore, orphans, street and migrant important aspect of the RTE Act.51
children and children affected by HIV are not included. Despite limitations in its implementation, the RTE Act which
On the contrary, children from SC, ST and OBC/BC have came about as the result of a long struggle by peoples
benefitted from this quota.47 movements remains a remarkable achievement. While
The Stocktaking Report (2014) notes that 25 states have concerns regarding privatisation of education remain, RTE
notified norms for admission under this provision and Act offers a first step towards an educational system in
16 states have implemented 25 per cent reservations in India that offers access, equity, and inclusion of all children.
2013-1448. However, due to lack of awareness, procedural

Notes Quality with Equity, NUEPA, New Delhi.

16 http://www.opensocietyfoundations.org/voices/children-
30 UNESCO (2014), op cit.
31 NUEPA (2014a), op cit.
s-right-education-must-prevail-amid-privatization 32 RTE Forum (2014), op cit.
1 Claiming Education for Every Child is a campaign launched 17 Seery, Emma (2014) Working for the Many: Public services 33 Kaur Randeep and Anjela Taneja (2014), Federalism and
in 2014 November by the Right to Education Forum fight inequality, Oxfam Briefing Paper 182, Oxfam Fidelity: A Review of the Provisions under RTE Act, Oxfam
demanding full implementation of the RTE Act. International, Oxford. India , New Delhi.
2 Reflecting an upper-class and upper-caste bias against 18 ibid. 34 RTE Forum (2014), op cit.
the education of the masses. 19 CSS is a long standing demand in India, where 35 Bhattacharjee, Malini and Dolashree Mysoor (2015),
3 Drze, Jean and Amartya Sen (2013), An Uncertain Glory: neighbourhood schools would ensure access, equity, and Unredressed Grievances under RTE: Navigating the State
India and its Contradictions , Princeton University Press, NJ, inclusion of all children. The CSS was first suggested in the Labyrinth, Governance Journal, Wiley.
Kothari Commission report (1964-66) and then in 2007 by a 36 Chowdhury, Shreya Roy (2015), Private schools are not
USA.
Bihar government commission that was set up to review the adding value: Study, Times of India, February 27, accessed
4 National Sample Survey on Estimation of Out of School
mechanics of implementing it. The vision of CSS as outlined at http://timesofindia.indiatimes.com/home/education/
Children (2014), accessed at http://ssa.nic.in/pabminutes-
in the report of the Bihar commission in 2007 recommends news/Private-schools-are-not-adding-value-Study/
documents/NS.pdf
replacing multiple tiers of schools with a common system articleshow/46392725.cms
5 Centre for Equity Studies (2014), India Exclusion Report 37 CES(2014), Op cit.
2013-14, Books for Change, New Delhi that will provide a level playing field to children from every
38 ibid.
6 Pratham (2015), Annual Status of Education Report 2014, socio-economic background. It is often said that the best
39 http://www.unicef.org/education/files/SouthAsia_OOSCI_
Main Findings , ASER Centre, New Delhi way of ensuring the RTE is providing a good quality CSS.
Study__Executive_Summary_26Jan_14Final.pdf
7 NUEPA (2014a), District Information System for Education 20 Jha, Praveen and Pooja Parvati (2014). Assessing progress
40 RTE Forum (2014), op cit.
Flash Statistics 2013-14, National University of Educational on universal elementary education in India: A note on some
41 Rajya Sabha unstarred question no. 3212, 22nd December,
Planning and Administration, New Delhi. key constraints. Economic and Political Weekly, XLIX (16), pp 2014.
8 NUEPA (2014b), District Information System for Education 44-51. 42 National Sample Survey on Estimation of Out of School
Analytical tables 2013-14, National University of 21 NUEPA (2014a), op cit. Children (2014), op cit.
Educational Planning and Administration, New Delhi. 22 UNESCO (2014), Education for All Global Monitoring Report 43 These are committees of parents and locally elected
9 National Sample Survey Organization (2010), Education in 2013-14, United Nations Educational Scientific and Cultural representatives involved in monitoring and planning school
India, 200708: Participation and Expenditure, NSS 64th Organization, Paris. activities.
Round (200708), Ministry of Statistics and Programme 23 Rai, Ambarish (2014) , Implementation of the RTE Act: RTE 44 RTE Forum (2014), and NUEPA (2014a), op cit.
Implementation, New Delhi, cited in CES (2014) op cit. Forums Stocktaking Report, Social Change, Vol (44), No (3), 45 ibid.
10 CES(2014), Op cit. New Delhi. 46 ibid.
11 ibid. 24 Available at: http://data.worldbank.org/indicator/SE.XPD. 47 Padma M. Sarangapani et al (2014), Inclusion of Marginalised
12 UNESCO (2012), Education for All Global Monitoring Report, TOTL.GD.ZS Children in Private Unaided Schools under The Right of
United Nations Educational Scientific and Cultural 25 Accountability Initiative (2015), Sarva Shiksha Abhiyan, Children to Free and Compulsory Education Act, 2009 An
Organization, Paris. GOI 2015-16, Budget Briefs, accessed at http://www. Exploratory Study, Oxfam India, New Delhi.
13 Singh, Shyam et al (2013), Right to Free and Compulsory accountabilityindia.in/expenditure_track 48 RTE Forum (2014), op cit.
Education: Delivering the Promises of the Law, Oxfam India 26 http://www.cbgaindia.org/files/updates_on_ub15/ 49 ibid.
Policy Brief 7, Oxfam India, New Delhi. Analysis%20of%20Union%20Budget%202015-16.pdf 50 http://timesofindia.indiatimes.com/city/mumbai/
14 RTE Forum (2014), Stocktaking Report: Year Four (2013-14), 27 UNESCO (2014), op cit. Private-unaided-minority-schools-not-under-RTE-HC/
Right to Education Forum, New Delhi. 28 ibid. articleshow/27870599.cms, cited in ibid.
15 Government of India (2014), Education for All: Towards 29 Pratham (2015), op cit. 51 CES(2014), Op cit.

This Policy Brief is written by Oommen C Kurian and Pooja Parvati, with contributions from Ravi Prakash, Maju Varghese, Deepak L Xavier and Nisha Agrawal.
Oxfam India March 2015.
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