20 December 2014
This paper argues that the current wording and enforcement of S.18 and S.19 of the Right to Education Act goes against the spirit and objective of the constitutional right to education and the RTE Act 2009. Being selective and discriminatory, the enforcement targets private schools only and penalizes them for inadequate compliance with necessary-but-not-sufficient norms. The paper further argues that S.18, 19 and the Schedule of RTE Act must be amended on the lines of Gujarat Rules to become output-focused, applicable and enforceable to both private as well as government schools and certification-based rather than licensure-based. The paper provides a draft amendment to achieve the said objectives.