Protecting Access to Education and Child Rights

Political Economy of Quality Education and RTE Act, 2009: Challenges and Solutions

Introduction

The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), enacted by the Parliament of India on August 4, 2009, and effective from April 1, 2010, marked a historic milestone in India's pursuit of universal education. By enshrining education as a fundamental right for children aged 6 to 14 under Article 21-A of the Indian Constitution, the RTE Act aimed to ensure free and compulsory education for all children in this age group, setting minimum norms for elementary schools and emphasizing equity and inclusion. However, more than a decade after its implementation, the Act faces significant challenges in achieving its goal of providing quality education. This article explores the political economy of quality school education in India, analyzing the RTE Act’s framework, its successes, challenges, the impact of school closures under schemes like Sarva Shiksha Abhiyan (SSA) and Samagra Shiksha, and the broader socio-political and economic dynamics shaping its implementation. The interplay of government policies, private sector involvement, funding constraints, and societal factors underscores the complexities of delivering quality education in a diverse and resource-constrained nation.

The RTE Act, 2009: A Legislative Milestone

The RTE Act was a response to India’s long-standing commitment to universal education, rooted in the Directive Principles of State Policy (Article 45) and reinforced by the 86th Constitutional Amendment of 2002. The Act mandates free and compulsory education for children aged 6 to 14, prohibits unrecognized schools, bans capitation fees and screening procedures for admissions, and requires private schools to reserve 25% of seats for economically weaker sections (EWS) and disadvantaged groups, with reimbursement from the state. It also sets norms for infrastructure, pupil-teacher ratios (PTRs), and teacher qualifications, aiming to ensure equitable and quality education. The Act’s framework is built on the principle of education as a public good, with shared responsibilities between central and state governments, local authorities, schools, and parents.

The RTE Act’s significance lies in its rights-based approach, which places the onus on the state to ensure enrollment, attendance, and completion of elementary education. Unlike many countries where parents bear the primary responsibility for education, India’s RTE Act makes the government accountable, a pioneering move globally, as noted by World Bank education specialist Sam Carlson. The Act also aligns with international commitments, such as Article 26 of the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights, emphasizing education’s role in individual and societal development.

Achievements of the RTE Act

The RTE Act has made notable strides in improving access to education. Key achievements include:

1. Increased Enrollment: Since its enactment, the RTE Act has significantly boosted school enrollment. By 2018, overall enrollment reached 97.2%, with a 19.4% increase in upper primary level (Classes 6–8) enrollment between 2009 and 2016. The Act’s focus on free education has reduced financial barriers, particularly for marginalized communities.

2. Improved Infrastructure: Stricter norms have led to better school facilities. For instance, the proportion of schools with usable girls’ toilets doubled to 66.4% by 2018. Investments in infrastructure, such as classrooms and drinking water facilities, have enhanced the learning environment in many government schools.

3. Inclusion of Disadvantaged Groups: The 25% reservation for EWS and disadvantaged groups under Section 12(1)(c) has enabled over 3.3 million students to access private schools by 2018–19. This provision promotes social inclusion by integrating children from diverse socio-economic backgrounds.

4. Teacher Recruitment and Training: The Act’s emphasis on maintaining pupil-teacher ratios and appointing qualified teachers has spurred efforts to recruit and train educators, improving educational delivery in some regions.

5. Reduction in Dropout Rates: The no-detention policy, which prohibited holding back students until Class 8, contributed to a significant decline in dropout rates, ensuring more children completed elementary education.

These achievements reflect the Act’s success in expanding access and addressing structural gaps in the education system. However, the focus on access has often overshadowed the critical issue of quality, which remains a persistent challenge.

Challenges in Implementing the RTE Act

Despite its successes, the RTE Act faces significant hurdles in delivering quality education. These challenges stem from systemic, financial, and socio-political factors, which are deeply intertwined with India’s political economy.

1. Quality of Education

The RTE Act’s emphasis on infrastructure and enrollment has not fully translated into improved learning outcomes. The Annual Status of Education Report (ASER) 2019 revealed that only 50% of fifth-grade students in rural India could read a Standard II-level text, and only 29% could perform basic division. Factors contributing to poor learning outcomes include:

• Teacher Shortages and Quality: Over 600,000 teacher posts at the primary level remain vacant, and many existing teachers lack adequate training. The absence of provisions for continuous teacher training in the RTE Act exacerbates this issue.

• Inadequate Pedagogy: The lack of innovative teaching practices and reliance on rote learning hinder student engagement and critical thinking. Studies, such as one conducted in Allapur village, Telangana, highlight the absence of child-centered learning approaches in government schools.

• Curriculum Gaps: While the Act mandates a curriculum that ensures all-round development, implementation varies widely. The Continuous Comprehensive Evaluation (CCE) system, introduced to assess holistic learning, has faced resistance due to inadequate teacher preparation and administrative support.

2. Financial Constraints

The RTE Act’s implementation requires substantial funding, estimated at INR 2.31 trillion over five years. However, the central government’s budgetary allocation for education has been inadequate, with only ₹210,000 million allocated in 2011–12 against the recommended ₹356.59 billion. States, which bear a significant financial burden, often lack the resources to meet infrastructure and staffing requirements, leading to uneven implementation. The funding shortfall has also strained the reimbursement mechanism for private schools under the 25% reservation policy, causing resistance from private institutions.

3. 25% Reservation Policy

The mandate for private schools to reserve 25% of seats for EWS and disadvantaged groups has been a cornerstone of the RTE Act’s inclusivity agenda. However, implementation challenges include:

• Resistance from Private Schools: Some private schools, such as Maharishi Vidya Mandir in Tamil Nadu, have been reported to circumvent the policy by falsifying data or rejecting applicants on arbitrary grounds.

• Administrative Hurdles: Variations in state-level rules for eligibility and documentation create inconsistencies, making it difficult for eligible families to access the scheme.

• Social Integration: Integrating EWS students into private schools has sometimes led to social stigma and discrimination, undermining the goal of inclusion.

4. Infrastructure Deficiencies

Despite improvements, many schools still lack basic amenities. For example, a study in Allapur village noted the absence of toilets, safe drinking water, and hygienic surroundings in a government school. According to UDISE+ 2019–20, only 25.5% of schools meet all RTE infrastructure norms, with compliance ranging from 63.6% in Punjab to 1.3% in Meghalaya.

5. Policy Implementation Gaps

The RTE Act’s ambitious goals have been hampered by administrative and structural lapses. Key issues include:

• No-Detention Policy: While intended to reduce dropout rates, the no-detention policy (amended in 2019 to allow exams in Classes 5 and 8) led to concerns about declining academic rigor, as students progressed without achieving appropriate grade skills.

• School Management Committees (SMCs): SMCs, intended to enhance community participation, often lack authority or awareness to monitor school performance effectively.

• Exclusion of Early Childhood Education: The Act does not cover children under six years, missing a critical window for foundational learning.

6. Socio-Economic Barriers

Socio-economic factors, such as poverty, child labor, and gender disparities, continue to impede the RTE Act’s goals. For instance, high dropout rates among Muslim children in Mysore are attributed to poverty and parental illiteracy. Girls, particularly in rural areas, often drop out to care for siblings or perform household chores, with only 95,556 girls enrolled in primary schools compared to 1,97,666 total enrollments in 2014–15.

7. School Closures Under SSA and Samagra Shiksha

The Sarva Shiksha Abhiyan (SSA) and its successor, Samagra Shiksha, have been instrumental in opening new schools to achieve universal elementary education, particularly in underserved habitations. SSA, launched in 2000–2001, aimed to provide primary schools within 1 km and upper primary schools within 3 km of unserved areas, significantly increasing access. Samagra Shiksha, introduced in 2018, subsumed SSA and extended its scope to cover pre-school to Class 12, focusing on quality, equity, and inclusion. However, recent trends of state governments closing schools with low enrollment, often established under these schemes, pose a significant threat to the RTE Act’s mandates and child rights in India.

• Impact of School Closures: Closing schools with low enrollment, often in rural or remote areas, directly violates Section 6 of the RTE Act, which mandates neighborhood schools within a safe walking distance (1 km for primary and 3 km for upper primary). For example, a post on X highlighted concerns that such closures in rural areas, where 70% of India’s population resides, jeopardize children’s access to education and their future prospects. These closures undermine the fundamental right to education under Article 21-A, as they restrict access for children in sparsely populated or marginalized communities, where alternative schooling options are limited or nonexistent.

• Child Rights Implications: The closure of schools disregards the RTE Act’s emphasis on ensuring admission, attendance, and completion of elementary education for all children aged 6–14. It disproportionately affects marginalized groups, including Scheduled Castes, Scheduled Tribes, and girls, who already face barriers like poverty and long travel distances. The National Commission for Protection of Child Rights (NCPCR) and State Commissions are tasked with safeguarding these rights, but school closures weaken their ability to enforce the Act’s provisions. Furthermore, such closures contradict the Act’s focus on inclusive education, as children with special needs or those in remote areas may lose access to specialized facilities like Bhavitha Centers in Andhra Pradesh.

• Policy Contradictions: While SSA and Samagra Shiksha opened schools to bridge access gaps, closures due to low enrollment reflect a shift toward cost-efficiency over equity. This approach prioritizes fiscal considerations over the constitutional obligation to provide education, risking the exclusion of vulnerable children. For instance, in hilly or forested areas, where opening new schools may be unviable, the RTE Act mandates transport or escort facilities, which are often not provided post-closure. This trend also conflicts with Samagra Shiksha’s objective of ensuring equitable learning outcomes, as closures disrupt continuity of education and exacerbate learning gaps.

The Political Economy of Quality Education

The political economy of education in India is shaped by the interplay of state policies, private sector dynamics, and societal inequalities. The RTE Act operates within this complex framework, were competing interests and resource constraints influence outcomes.

1. State vs. Private Sector Dynamics

The RTE Act’s reliance on public-private partnerships (PPPs), particularly through the 25% reservation policy, has sparked debates about the state’s role in education. Critics, such as the All-India Forum for Right to Education (AIF-RTE), argue that the Act’s reimbursement model resembles school vouchers, potentially absolving the state of its constitutional obligation to provide quality education. The growing demand for private schools, driven by dissatisfaction with public school quality and a preference for English-medium education, has further complicated the landscape. Approximately 29% of students aged 6–14 attend private schools, reflecting a shift away from government schools, which constitute 80% of elementary education providers.

The privatization trend has economic implications. Small private schools, unable to afford RTE compliance costs or subsidize EWS students, have faced closures, reducing affordable education options. Meanwhile, elite private schools benefit from higher fees and selective admissions, exacerbating inequality. The state’s limited funding and regulatory oversight have allowed private schools to exploit loopholes, undermining the Act’s inclusive goals.

2. Federalism and Decentralization

Education is a concurrent subject in India, requiring coordination between central and state governments. However, varying state capacities and priorities have led to uneven implementation. For instance, Odisha has been proactive in grounding the RTE Act, while states like Meghalaya lag in infrastructure compliance. The central government’s increased funding share (from 65% to 68–70%) has not fully addressed states’ financial constraints, highlighting the need for greater decentralization to tailor solutions to local needs. The withholding of Samagra Shiksha funds to states like Tamil Nadu, Kerala, and West Bengal for not signing PM-SHRI MoUs further complicates implementation, as it disrupts teacher salaries, RTE reimbursements, and infrastructure maintenance.

3. Political Will and Elite Interests

The political economy of education is influenced by the priorities of political and economic elites. While the RTE Act aligns with India’s demographic dividend aspirations, its focus on access over quality reflects a political preference for visible, measurable outcomes. Elite support for public education has waned as urban middle classes prioritize private schooling and higher education, reducing pressure on governments to invest in quality primary education. This dynamic mirrors trends in sub-Saharan Africa, where elite disengagement from public education has hindered universal primary education goals.

4. Economic Returns to Education

Quality education is critical for economic growth, as low learning outcomes trap young people in poverty. The RTE Act’s failure to address quality comprehensively limits its economic impact. For instance, poor literacy and numeracy skills among graduates reduce employability, perpetuating inequality. The World Bank notes that low education quality is a significant barrier to faster economic growth in India.

Recommendations for Enhancing Quality Education

To address the RTE Act’s challenges and align it with the goal of quality education, the following recommendations are proposed:

1. Strengthen Teacher Training and Recruitment: Introduce mandatory, continuous professional development programs for teachers, focusing on child-centered pedagogy. Fill vacant teacher posts and ensure competitive salaries to attract qualified educators.

2. Increase Funding and Monitoring: Raise education budgets to meet the recommended 6% of GDP, with transparent mechanisms to monitor fund allocation and utilization. Strengthen reimbursement processes for private schools to ensure compliance with the 25% reservation policy.

3. Enhance Curriculum and Assessment: Revise curricula to emphasize critical thinking and practical skills, supported by effective implementation of the CCE system. Regular assessments should focus on learning outcomes rather than rote memorization.

4. Decentralize Implementation: Empower states and local bodies to tailor RTE provisions to regional needs, ensuring flexibility in infrastructure norms and reservation.

5. Prevent School Closures and Ensure Access: Halt the closure of low-enrollment schools established under SSA and Samagra Shiksha, particularly in rural and remote areas, to comply with Section 6 of the RTE Act. Provide transport or escort facilities for children in sparsely populated regions, as mandated by the Act, to maintain access to education. Strengthen School Management Committees (SMCs) to monitor and advocate against closures that threaten child rights.

6. Include Early Childhood Education: Amend the RTE Act to cover children aged 3–6, aligning with the National Education Policy (NEP) 2020’s focus on foundational learning.

7. Socio-Economic Barriers: Implement targeted interventions, such as scholarships and awareness campaigns, to reduce dropouts among marginalized groups, particularly girls and minority communities.

8. Strengthen SMCs: Enhance the capacity of School Management Committees through training and clear mandates to ensure community oversight and accountability.

Conclusion

The RTE Act, 2009, represents a bold step toward universal education in India, achieving significant gains in enrollment and infrastructure. However, its impact on quality education remains limited by systemic, financial, and socio-political challenges, including the recent trend of school closures under SSA and Samagra Shiksha. These closures threaten the Act’s core mandate of ensuring access to education for all children, particularly in rural and marginalized communities, and undermine child rights enshrined in Article 21-A. The political economy of education in India—marked by tensions between public and private sectors, federal and state priorities, and elite disengagement—underscores the need for a renewed focus on quality and equity. By addressing teacher shortages, increasing funding, decentralizing implementation, preventing school closures, and tackling socio-economic barriers, the RTE Act can evolve to meet the demands of a rapidly changing nation. As India aims to leverage its demographic dividend, ensuring quality education for all children is not just a legal obligation but an economic and moral imperative.