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15 months on, state yet to notify RTE Act by Shiv Sahay Singh


Even as academic circles debate whether schools should do away with the detention policy (pass-fail system) as well as examinations that put pressure on students, the West Bengal government is yet to notify the Right to Education Act nearly 15 months after it came into force all over the country in April 2010.

Recently, School Education Minister Bratya Basu said the government was considering a proposal to do away with examinations till Class VIII. But perhaps what the minister overlooked was the fact that the RTE also says no child can be detained in any class till Class VIII or 14 years of age.

While sections of the academic community hailed the suggestion, another section comprising teachers’ unions, academicians and parents want to the detention policy to remain.

But in a recent case, a Class V student of Patha Bhavan School, Arkaprabha Basu, who failed in a number of subjects, got reprieve from the court which ordered the school to promote her to the next class.

The court pointed that under the present form, the RTE Act does not deny promotion to any child between 6 and 14 years. On July 25, the court ordered the school to promote the child to Class VI and arrange special classes to help the child catch up with other students.

In the middle of the ongoing debate, the School Education Department finds itself on the backfoot as the academic community and policy-makers overlooked the fact that the Right to Education (RTE) Act, a central legislation, has already done away with any kind of detention in classes.

“This is an obsolete debate. The conception of detention has to be abolished and has been already done away by law in the RTE act,” says Kumar Rana, Director, Research of Pratichi India Trust set up by Nobel laureate Amartya Sen.

Academicians like Kumar Rana question why the state government has not been able to come up with notifications of the RTE when 18 states in the country, including Tripura, have already come out with specific provisions of the act.

Section 16 of the Right of Children to Free and Compulsory Education of Children Act, 2009, deals with prohibition of holding back and expulsion. “No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education,” it says.

On the ground level, schools across the state are not clear what to do in the absence of a specific notification of the RTE Act.

“Everyone is in the ambit of the RTE Act, but since the state government has not come out with a notification, there are unnecessary complexities in various schools. Schools are interpreting various provisions like no detention and admission policy in their own way, which is causing trouble,” said Dipak Das, general secretary of the West Bengal Government School Teachers Association.

Vikram Sen, Principal Secretary of the School Education Department, said: “We are consulting the Law Department on coming out with a notification on this provision soon,” Sen said.