THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 in India section 3

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 (India )

Clarification on Provisions Chapter 2: Right to Free and Compulsory

EducationSection -3Asst. Prof. Yogesh Nivrutti Mhaske

Sandip University , Nashik , Indiamhaskey45@yahoo.com

Section -3

• Provides to every child of the age of six to fourteen years the right

to free and compulsory education in a neighbourhood school till the

completion of elementary education.

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• The idea of neighbourhood schools can be traced to the National System of

Education as elaborated in the Kothari Commission report, whereby the

neighbourhood school is meant to be a common space, where all children

cutting across caste, class, gender lines learn together in the best inclusive

manner.

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• It is therefore meant to be a site for inclusion, so that

the school becomes a common space for education.

This concept has been incorporated in the RTE Act.

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• In providing for the right of every child to free and compulsory

education in a neighbourhood school, the RTE Act does not

restrict the choice of the child to seek admission in a school

which may not be in the neighbourhood of the child’s residence.

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• In other words, there is no compulsion on the child

to seek admission only in the school in his or her

neighbourhood.

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• The term ‘free education’ is explained to mean that no child shall

be liable to pay any kind of fee or charges or expenses which

may prevent him or her from pursuing and completing

elementary education.

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• The term ‘free education’ must be read in consonance with the

provisions of section 12(1)(a)-(c) which specify the extent of

the school’s responsibility for free and compulsory education.

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• It further provides that the provisions of the Persons with

Disabilities (Equal Opportunities, Protection and Full

Participation) Act, 1996 will apply in the case of children suffering

from disability as defined under that Act.

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Clarification on Provisions

• Section 4

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