Parliament Parliament of India
Education Bill excludes Jammu and Kashmir from free schooling mandate
This Bill aims to provide free and compulsory education to all children aged six to fourteen years in India (excluding Jammu and Kashmir) until they complete elementary education (classes 1 to 8).
It establishes the legal right of children to attend school without paying fees and mandates the government to ensure their admission, attendance, and completion of schooling.
Who it concerns: The Bill affects children aged 6-14, their parents or guardians, schools (government, aided, unaided, and specified categories like Kendriya Vidyalaya), teachers, local authorities (Municipal Corporations, Panchayats), and State and Central Governments.
What the bill does
- Right to free and compulsory elementary education (Class 1 to 8) for children aged 6-14.
- Prohibition of capitation fees and screening procedures for admission.
- Prohibition of physical punishment, mental harassment, holding back, or expulsion of students.
- Mandate for appropriate Governments and local authorities to establish neighbourhood schools within three years of commencement.
- Requirement for schools to obtain a certificate of recognition before establishment.
- Establishment of School Management Committees and School Development Plans.
- Prohibition of private tuition by teachers and deployment of teachers for non-educational purposes.
- Duty of parents/guardians to ensure admission and attendance of their children.
- Special provisions for children who have not completed elementary education, including special training to catch up.
- Right to transfer to another school if the current one cannot provide completion of elementary education.
Also in the document
- The Bill explicitly excludes the State of Jammu and Kashmir from its extent.
- It defines 'elementary education' specifically as education from first class to eighth class.
- It references the Commissions for Protection of Child Rights Act, 2005, for the National and State Commissions.
- It includes provisions for the protection of actions taken in good faith and requires previous sanction for prosecution in certain cases.
Where this bill is now: Became law (Act)
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. LXV · 20 Jul 2009
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