Federalism and Fidelity: A review of the provisions under the national Model and State rules under the Right of Children to Free and Compulsory Education Act 2009

Overview

India has the world’s largest number of child labourers and children out of school. This report provides an analysis of the basic provisions of the Right of Children to Free and Compulsory Education Act 2009 and the Model and State rules applicable to most Indian States. It assesses the extent to which the provisions in place adhere to the core principles of the Act (fidelity) and the intentions behind specific clauses within the Act, while also adapting the provisions to state level specifications and recognizing the fact that education is a concurrent issue in India (federalism).

This paper covers issues regarding India’s school management committees (SMCs), educational inclusion, and issues affecting children who are out of school and with special needs. It also analyses the regulation of private schools, grievance redressal including the setting up of State Commissions on Protection of Child Rights (SCPCRs), provisions related to teachers, and curriculum development.