Dream Universal Elementary Education

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    UNIVERSALELEMENTARY

    EDUCATIONREFORMS FOR UPLIFTMENT OF THE

    WEAKER SECTIONS OF INDIA

    Education for All

    'An Educated India isA ProgressingIndia'

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    United Nations in 1998 adopted Universal Declaration

    of Human Rights (UDHR). Article 26 (1) of UDHR

    proclaims that: Every one has a right to education.

    Education shall be free, at least in the elementary and

    fundamental stages. Elementary education shall be

    compulsory. "

    Sarva Shiksha Abhiyan (SSA) is Indias main

    programme for universalising elementary education. Its

    overall goals include universal access and retention,

    bridging of gender and social category gaps in education

    and enhancement of learning levels of children.

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    The Sarva Shiksha Abhiyan had beensetwith specific targets.These are:

    All children in school, EducationGuarantee Centre, Alternate School or'Back-to-School' camp by 2005.

    All children complete five years ofprimary schooling by 2009.

    Children complete eight years ofelementary schooling by 2012.

    Focus on elementary education ofsatisfactory quality with emphasis on

    education for life. Bridge all gender and social categorygaps at the primary stage by 2009and

    at the elementary education level by2012.

    Universal retention by 2012.

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    Though the Sarva Shiksha Abhiyan [SSA]

    is being administered through government

    andgovt. aided schools,

    some private unaided schools are also

    activelyinvolved in contributing towardsuniversal elementary education.

    Thegovt. entered into anagreement with

    the World Bankfor assistance to the tune of

    US$ 600 million to fund the second phase

    of the S S A.

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    Right of Children to Free and Compulsory Education Act,

    has come into force with effect from April 1, 2010.

    The Sarva Shiksha Abhiyan (SSA) Framework of

    Implementation and norms for interventions have been

    revised to correspond with the provisions of the RCFCEA .

    This includes

    interventions, inter alia for opening new

    primary and upper primary schools as per the

    neighbourhood norms notified by State

    Governments in the RCFCEA Rules,

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    The Act provides that no child shall be heldback, expelled, or required to pass a board

    examination until the completion ofelementary education. There is a provision for special training of

    school drop-outs to bring them up to par with

    students of the same age. The Right toEducation of persons with disabilities until 18years of age has also been made afundamental right.

    A number of other provisions regardingimprovement of school infrastructure, teacher-student ratio and faculty are made in the Act.

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    Monitoring and Implementation of the act

    should be done by the National Commission

    for the Protection of Child Rights, an

    autonomous body together with Commissions

    to be set up by the states. Schools excluded from RCFCEA under

    special category : Kendriya Vidyalaya,

    Navodaya Vidyalaya, Sainik School and

    Madrasas (protected under Article 29 and 30

    of the Constitution)

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    To promote literacy among its citizens, the

    Government of India has launched several

    schemes such as

    the Kasturba Gandhi Balika Vidyalaya

    Scheme,

    Mid-day Meal Scheme and

    the National Program for Education of Girlsat Elementary Level (NPEGEL).

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    Indias initiatives to achieve universalization of elementary

    education:

    In 1950, commitment was made through its directive

    principle of State policy.

    In 2002, the 86th constitutional amendment was passed

    that made education a fundamental right for children in

    the age group of 6 14 years.

    In 2009 , The Right of Children to Free and Compulsory

    Education Act (RCFCEA),was passed and represents

    the consequential legislation envisaged under Article 21-

    A, empowering implementation by Union & State Govts.

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    The Constitution (Eighty-sixth Amendment) Act, 2002,

    insertedArticle 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 Act

    (RCFCEA), 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.

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    The 86th constitutional amendment (2002),

    and the RTE Act (2009), have given us the

    tools to provide quality education to all our

    children. It is now imperative that we the

    people of India join hands to ensure theimplementation of this law in its true

    spirit. The Government is committed to

    this task though real change will happen

    through collective action.

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    RIGHT OF CHILDREN TO FREE & COMPULSORY EDCATION ACT

    [RCFCEA] or [RTE]

    The need to address inadequacies in retention, residual

    access, particularly of un-reached children, and the

    questions of quality are the most compelling reasons for

    the insertion of Article 21-A in the Constitution of India

    and the passage of the RTE Act, 2009 in the Parliament.

    The new law provides a justiciable legal framework that

    entitles all children between the ages of 6-14 years free

    and compulsory admission, attendance and completion

    of elementary education.12

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    Norms & Standards Specified.

    In private schools

    also, 25% seats for

    children from poor

    families Schools need to get

    recognition

    No capitation fees

    No interview for

    admission

    Overall approach and

    implementation

    strategies of SSA

    harmonized as perthe mandate of the

    RTE Act. A

    Committee to

    suggest follow upaction was appointed

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    Meaning of Free & Compulsory

    Free education is defined as removal of any

    financial barrier by the state that prevents a child

    from completing eight years of schooling.

    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. 14

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    With this, India has moved forward to a rightsbased framework that casts a legal obligation on

    the Central and State Governments toimplement this fundamental child right asenshrined in the Article 21A of the Constitution,in accordance with the provisions of the RCFCE

    Act.The new law provides a justiciable legalframework that entitles all children between theages of 6-14 years free and compulsory

    admission, attendance and completion ofelementary education.

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    Steps towards Universal Elementary Education

    The role of Universal Elementary Education (UEE) for

    strengthening the social fabric of democracy through

    provision of equal opportunities to all has been

    accepted since the inception of our Republic.

    The original Article 45 in the Directive Principles of

    State Policy in the Constitution mandated the State to

    endeavour to provide free and compulsory education

    to all children up to age fourteen.

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    Role of Private Sector in SSA

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    Right to Education Act is indeed a landmark law.

    It marks a historic moment for our country, where

    an estimated eight million children aged between

    6 and 14 do not currently attend school. However,

    the RTE Act is more about Right to Schooling than

    the Right to Education. It focuses heavily on

    inputs whereas learning outcomes have not been

    addressed. It is unlikely to improve mass

    education because there is no focus on quality.

    Arun Kapur, Directo r Vasant Valley School

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    National Commission

    for Protection of Child Rights

    The act also provides that, no child shall be held back,

    expelled, or required to pass a board examination until

    completion of elementary education. Provision for special training of school drop-outs to

    bring them at-par with the students of the same age.

    Right to Education of Person with Disabilities till 18

    years of age has been made a Fundamental Right.24

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    The Act provides for empowerment of the

    National Commission for Protection of Child

    Rights and

    State Commissions for

    supervising of proper implementation of the

    act and for

    looking after the complaints in protection of

    Child Rights.

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    IMPLEMENTATION OF RTE EEGULATIONS

    Successful implementation of the RTE act

    passed by the central government requires key

    steps to be undertaken by state governments.

    States are required to notify specific rules for

    carrying out the provisions of the Act. They are

    also required to constitute a State Commission

    for the Protection of Child Rights and notify a

    state academic authority to frame and monitor

    the curriculum.

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    Recently the Centre is seriously exploring ways to

    bring pre-school education under Right to

    Education Act to provide free and compulsory

    education to children between the age group of

    four and six.

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    M j Hi hli ht f th A t

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    Major Highlights of the Act

    The Act makes education a fundamental right of

    every child between the ages of 6 and 14. It requires all private schools to reserve 25% of

    seats to children from poor families (to be

    reimbursed by the state as part of the public-

    private partnership plan).

    It also prohibits all unrecognized schools frompractice, and makes provisions for no donation

    or capitation fees and no interview of the child

    or parent for admission.

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    SC backs Right to Education

    The apex court upheld

    the constitutional validity

    of the Act and directed

    all schools, including

    privately-run schools,

    irrespective of the board

    they are affiliated to, to

    admit from this

    academic year (2012-

    13)

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    at least 25% students from

    socially and economicallybackward families. Thesestudents will beguaranteed free education

    from class I till they reachthe age of 14.

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    SC Bench said: To put an obligation on the unaided non-minority

    school to admit 25 per cent children in class I under Section 12(1) (c)

    cannot be termed as an unreasonable restriction. Such a law cannot

    be said to transgress any constitutional limitation. The object of the

    2009 Act is to remove the barriers faced by a child who seeks

    admission to class I and not to restrict the freedom under Article 19(1)

    (g).

    From the scheme of Article 21A and the 2009 Act, it is clear that

    the primary obligation is of the State to provide for free and

    compulsory education to children between the age of 6 and 14 years

    and, particularly, to children who are likely to be prevented from

    pursuing and completing the elementary education due to

    inability to afford fees or charges.

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    The SC judgment said: We hold that the Right of

    Children to Free and Compulsory Education Act, 2009 is

    constitutionally valid and shall apply to a schoolestablished, owned or controlled by the appropriate

    Government or a local authority; an aided school

    including aided minority school(s) receiving aid or grantsto meet whole or part of its expenses from the

    appropriate Government or the local authority; a school

    belonging to specified category; and an unaided non-

    minority school not receiving any kind of aid or grants to

    meet its expenses from the appropriate Government or

    the local authority.

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    Both the Central and state governments are responsible

    for ensuring effective implementation of the Act. There has

    been significant improvement in terms of the number ofprimary schools, largely due to additional resources made

    available through the Sarv Shiksha Abhiyaan to bridge

    existing gaps. The scheme is now being extended to the

    secondary school level as well.

    In addition to the Governments initiative, the private

    sector has also played a role in improving the state of

    education in the country and continues to do so.

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    Since RCFCEA came into force,

    50,672 new schools,

    4.98 lakh additional classrooms,

    6.31 lakh teachers, etc

    have been sanctioned to States and UTs

    under S S A. The fund sharing pattern

    between the Central and State Governments

    has also been revised to a sharing ratio which

    is more favourable to States Governments.

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    R i f 25% i i

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    Reservation of 25% seats in private

    schools for children from poor

    families The school may be therebut students may not

    attend, or drop out after

    a few months. Through school & social

    mapping, many issues

    need to be addressed

    that prevent a weak child

    from completing the

    process of education.

    The principle behind 25%

    reservation is to promote

    social integration.

    A school is a perfect setting

    where existing inequalities

    in society can be bridged

    if the school encourages

    students to integratepsychologically,

    emotionally and academically.38

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    Universal access is an essential component of UEE.

    Access does not constitute mere physical availability of

    school; it implies facilitating full, free and joyful

    participation of children in learning.

    25% reservation in private unaided schools for children

    belonging to disadvantaged groups and weaker

    sections.

    Reimbursement of expenditure so incurred shall be

    made by the state Government.

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    support for residential schools for children in areas

    which are sparsely populated, or hilly or densely

    forested with difficult terrain, and for urban deprivedhomeless and street children in difficult circumstances,

    special training for admission of out-of-school children

    in age appropriate classes, additional teachers as pernorms specified in the RCFCEA,

    two sets of uniforms for all girls, and children belonging

    to SC/ST/BPL families,

    strengthening of academic support through block and

    cluster resource centres, schools, etc.

    d t d th f ll i ti f f

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    Activity Timeframe

    Establishment of neighbourhoodschools

    3 years (by 31st March, 2013)

    Provision of school infrastructure All weather school buildings One-classroom-one-teacher Head Teacher-cum-Office room Library Toilets, drinking water Barrier free access Playground, fencing, boundary

    walls

    3 years (by 31st March, 2013)

    Provision of teachers as per prescribedPupil Teacher Ratio

    3 years (by 31st March, 2013)

    Training of untrained teachers 5 years (by 31st March 2015)

    Quality interventions and otherprovisions

    With immediate effect

    mandated the following timeframe for

    implementation of its provisions:

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    Implementation ofRCFCEA

    provides for all children the benefit of free

    and compulsory

    admission,

    attendance and

    completion

    ofelementary education.

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    In India, since we gained freedom of

    self governance,

    Undoubtedly, much progress has occurred

    since the last sixty years of our

    independence and

    many more children with a diverse

    background are accessing school.

    Yet....43

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    Dropped out, child labourers

    There are invisible children_ children bonded to

    work with an employer,

    young boys grazing cattle or working in a dhabha

    girls working in the fields or as domestic help or

    caring for younger siblings, and

    children being subjected to early marriage. Many of

    these children are formally enrolled in a school but

    have either dropped out or have never been there.

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    Extremely vulnerable ones

    Many others such as migrant and

    street children, who live in extremely

    vulnerable conditions; denying them

    education is against the universal

    nature of human rights.

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    Enrol attend learn

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    Enrol, attend, learn,and

    Be empowered by education

    Providing universal access itself is no longerenough; making available school facility isessential but not sufficient.

    A monitoring mechanism is needed to ensurethat all children attend school regularly andparticipate in the learning process.

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    N t tt di

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    Not attending,drop-out in a few months?

    Focus must be on the factors thatprevent children from regularly

    attending & completing elementary

    education. Children from weaker sections and

    disadvantaged groups, as also

    girls. SOCIAL,CULTURAL,ECONOMIC, LINGUISTIC AND

    PEDAGOGIC ISSUES48

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    Good education is empowering

    Of what use is nobility of family if a person

    is illiterate?

    A learned man is respected by Gods toothough he does not belong to a noble

    family. 49

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    Free, compulsory and ofhigh quality

    The right to education is free, compulsory andit includes good quality education for all.

    A curriculum not only provides good reading

    and understanding of text books but alsoincludes learning through activities,

    exploration and discovery.

    Comprehension, competence,competitiveness and creativity should be

    developed, not forgetting compassion.50

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    Education Depts ofState & Union

    Governments have direct responsibility

    To provide schools,

    infrastructure,

    trained teachers, curriculum and

    teaching-learning material, and

    mid-day meal.

    A well coordinated mechanism is needed for

    inter- sectoral collaboration & convergence.51

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    On the part of the whole Govts:

    The factors that contribute to the

    achievement of the overall goal of

    universalizing elementary education as afundamental right requires action on the

    part of the whole Governments.

    A well coordinated mechanism is needed forinter- sectoral collaboration & convergence.

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    Ti l & i fi i l

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    Timely & appropriate financial

    allocations, redesign school spaces

    The Finance Department to release funds

    at all levels.

    The Public Works Dept. to re-conceive andredesign school spaces from the pedagogic

    perspective & Address issues of including

    disabled children through barrier free

    access.53

    P id S i l & L i M i f

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    Provide Social & Location Mapping of

    schools, Water & sanitation facilities

    The Dept. of Science & Technology to

    provide geo-spatial technology to perform

    at

    grass-root survey.

    Provision of access to sufficient safe

    drinking water

    Provision and access to adequate

    sanitation facilities, specially for girl child.54

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    ROLE OF CIVIL SOCEITY in RCFCEA

    Above all, peoples groups, civil society

    organizations & voluntary agencies will playan crucial role in the implementation of the

    RCFCEA. This will help build a new perspective on

    inclusiveness, encompassing gender &social inclusion, & ensure that these become

    integral & crosscutting concerns informingdifferent aspects like training, curriculum andclassroom transaction. 55

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    ROLE OF CIVIL SOCEITY

    A VIBRANT CIVIL SOCEITY MOVEMENTCAN ENSURE THAT

    THE PARENT / CHILD FROM WEAKER ORDISADVANTAGED SECTIONS BECOME

    AWARE OF THE VALUE OF EXERCISING THE RIGHT

    TO ELEMENTARY EDUCATION AND

    PUT IN SERIOUS EFFORTS ON THEIRPART.

    NGO contribution of knowledge, ideas andsolutions to the challenges are needed.

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    Good teachers company enables.

    One who reads, writes, sees, inquires, lives inthe company of learned men, his intellect

    expands like the lotus leaf doesbecause of the rays of sun.

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    The RTE act does not cater to the absence ofprovisions for pre-school education for

    children below the age of six years. A key issue being raised against theprovisions of the RTE Act is the absenceof provisions for improving the job conditions

    of teachers. This leads to limited availability ofquality teachers in rural or inaccessible areas.

    According to analysts, teacher training is oneof the biggest requirements of the

    current system and has been neglected bythe Act.

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    S G f

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    Since the Government has finite resources,

    reimbursing expenses to private schools

    will be at the expense of government

    schools.

    Therefore, it should be made voluntary forprivate schools to reserve seats for children

    from disadvantaged sections of society.

    It is unfair to make this applicable for all

    private schools.

    Th h l id f i b t f

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    The whole idea ofreimbursementof expenses

    to private schools is a case of poor economics.

    If the government is unable to meet the expenses

    from where will it generate additional resources

    to reimburse the privateschools.

    Prof. Praveen Jha, JNU

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    Reservations about the norms & standards ofRCFCEA:

    1. Private schools that are not very well resourced butare imparting education to disadvantaged sectionsof society will find it difficult to survive.

    2. Norms are silent on learning outcomes and qualityin education may not / can not be ensured.

    3. It is observes that teacher recruitment andtraining is one of the biggest requirements of thecurrent system and has been neglected by the Act.

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    Th N ti l C il f T h Ed ti h l id

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    The National Council for Teacher Education has laid

    down the minimum qualifications for teachers in schools

    in 2001 on the basis of the National Council for Teacher

    Education Act and the RTE Act, according to which

    teachers appointed by the government or employing

    authority should be trained and have minimum

    qualifications for different levels of school education.

    Within the five year period, all teachers need to acquire

    the academic and professional qualifications prescribed

    by the academic authority under the RTE Act. This is a

    difficult task.

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    Free education means that no child other

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    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

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    . 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 agegroup.

    With this, India has moved forward to a rights

    based framework that casts a legal obligation

    on the Governments to implement this right.

    The new law provides a justiciable legal

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    The new law provides a justiciable legal

    framework that entitles all children between the

    ages of 6-14 years free and compulsory

    admission, attendance and completion of

    elementary education. It provides for childrensright to an education of equitable quality, based

    on principles of equity and non-discrimination.

    Most importantly, it provides for childrens right to

    an education that is free from fear, stress and

    anxiety.

    Th Ri ht ti d th RTE A t h l

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    The Rights perspective under the RTE Act has also

    brought in new monitoring mechanisms to ensure that

    child rights under the Act are protected. The RTE Act

    provides for constitutionally created independent bodies

    like the National and State Commissions for Protection

    of Child Rights to perform this role. These bodies, with

    quasi-judicial powers bring in an element of monitoring

    new to the implementation of SSA, requiring that

    internal monitoring mechanisms under the SSA engage

    purposefully with these independent bodies.

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    The RTE provides a legally enforceable rights

    framework with certain unambiguous time targets that

    Governments must adhere to. For example, the Act

    mandates that every child in the six to fourteen age

    group shall have a right to free and compulsory

    education in a neighbourhood school. The Act also

    provides that if a school does not exist in an area or

    limit prescribed as the neighbourhood, the appropriate

    Government and the local authority shall establish a

    school in this area within a period of three years.

    The revised S S A Framework for Implementation is

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    derived from the recommendations of the Committee on

    Implementation of RTE Act and the Resultant Revamp of

    S S A, and is intended to demonstrate the harmonization

    of S S A with the RTE Act. It is also based on child centric

    assumptions emerging from the National Policy onEducation, 1986/92 and the National Curriculum

    Framework (NCF), 2005. The revised S S A Framework

    of Implementation provides a broad outline of approachesand implementation strategies, within which States can

    frame more detailed guidelines keeping in view their

    specific social, economic and institutional contexts.

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    88