HIV+ kids to get special consideration under RTE

• The Supreme Court asked all states to give special consideration to children affected with HIV or living with HIV.
• The order came on the heels of a petition, which alleged that children affected by HIV or living with those affected with HIV were “routinely denied” their rights at an “alarming regularity”.
• Supreme court observed that the state governments need to consider issuance of notification to include children living with or affected by HIV as belonging to disadvantaged group under the provisions of the Right to Education Act.
• So far, at least 12 states and one Union Territory have already included the affected children in the disadvantaged group.
• Under the Right to Education Act, which accrues certain rights to all children, “certain additional rights if they are declared to be belonging to disadvantaged group by a notification issued by state government under the Act” are bestowed too. Once included, the state is obligated to ensure that there is no discrimination against the children.
• According to a National Aids Control Organisation (NACO) report, in 2011, an estimated 20.9 lakh people in India were HIV-positive. Of those, almost seven per cent or 1.45 lakh were children who were less than 15 years of age.

About RTE Act, 2009

• The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
• The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
• Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’.
• ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, 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.
• ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
• With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

• Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.
• It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means 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.
• It makes provisions for a non-admitted child to be admitted to an age appropriate class.
• It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
• It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.
• It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
• It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.
• It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,
• It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.
   

By: Vishal