Free Education and RTE Act: Achievements and Lacunae
Education is the foundation of an equitable, progressive, and democratic society. In India, the Right to Education (RTE) has been recognized as a fundamental right under Article 21-A of the Constitution, inserted by the 86th Constitutional Amendment Act, 2002. This provision mandates the State to provide free and compulsory education to all children aged 6 to 14 years in a manner determined by law. Consequently, the Right of Children to Free and Compulsory Education Act, 2009—popularly known as the RTE Act—came into force in 2010, marking a historic step toward achieving universal elementary education in India.
The RTE Act ensures that every child, regardless of caste, gender, religion, or economic background, has access to quality elementary education. It obligates the State to provide education that is free of cost and compulsory, meaning no child can be denied admission or forced to drop out due to financial constraints. The Act also introduced child-friendly learning environments, banned corporal punishment, prohibited screening tests and capitation fees, and emphasized neighbourhood schools. A significant provision under Section 12(1)(c) mandates private schools to reserve 25% of seats for children from disadvantaged groups, promoting social inclusion and reducing educational segregation.
In terms of achievements, the RTE Act has played a vital role in expanding access to education. India has witnessed a dramatic rise in enrollment rates, particularly among girls and marginalized communities. The Annual Status of Education Report (ASER) and government data indicate near-universal enrollment at the primary level. The Act has also improved school infrastructure, with provisions for separate toilets for girls and boys, drinking water facilities, libraries, and teacher-student ratios. Furthermore, it has strengthened the Mid-Day Meal Scheme, encouraging attendance and addressing child malnutrition. Collectively, these initiatives have advanced the goal of education as a right rather than a privilege.
However, despite its successes, the RTE Act faces several lacunae that hinder its effective implementation. One of the most significant challenges is the quality of education. While enrollment has improved, learning outcomes remain poor, as revealed by multiple surveys showing that many children in Class 5 cannot read basic texts or solve simple math problems. The focus on quantitative expansion has often overshadowed qualitative improvement. Moreover, teacher absenteeism, inadequate training, and shortage of qualified staff continue to affect learning standards.
Another major concern is the uneven implementation across states. Rural and tribal areas face greater difficulties in providing infrastructure and qualified teachers compared to urban centers. The 25% reservation clause in private schools has also faced resistance and poor enforcement, with many institutions failing to comply or misusing provisions for financial gain. Additionally, children under the age of 6 and above 14 are excluded from the scope of the Act, leaving early childhood and secondary education outside the guaranteed framework of free and compulsory education.
The RTE Act’s rigid norms for school recognition have also led to the closure of several low-cost private schools that cater to economically weaker sections, ironically reducing access for many children. Furthermore, the absence of robust monitoring mechanisms and lack of coordination between central and state authorities weaken accountability. The National Education Policy (NEP) 2020 attempts to address some of these issues by emphasizing foundational literacy, teacher training, and digital education, but its integration with the RTE framework remains incomplete.
The judiciary has played an important role in reinforcing the RTE’s objectives. In Society for Unaided Private Schools of Rajasthan v. Union of India (2012), the Supreme Court upheld the constitutionality of the 25% reservation clause, recognizing the State’s obligation to ensure equitable education for all. Judicial intervention has thus strengthened the moral and constitutional legitimacy of the Act.
In conclusion, the Right to Education Act, 2009, is a landmark in India’s social and constitutional history, transforming education from a policy directive to a legal right. Its achievements in improving access, inclusion, and awareness are undeniable. Yet, its lacunae—poor quality, uneven implementation, lack of accountability, and exclusion of certain age groups—continue to hinder its full potential. Moving forward, India must focus on quality education, teacher empowerment, digital infrastructure, and inclusive policies to make the promise of the RTE a lived reality. Free education must not only mean schooling for all but also learning for all, ensuring that every child gains the knowledge, skills, and confidence to shape a better future.