What Can Parents Do If a School Violates the RTE Act?
Key Takeaways
- The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) protects the right of children between 6 and 14 years to free and compulsory elementary education, subject to the scope and application of the Act.
- If a school violates a right protected under the RTE Act, a written complaint can be made to the local authority having jurisdiction under Section 32 of the Act.
- The local authority is required to decide an RTE complaint within three months, after giving the concerned parties a reasonable opportunity of being heard.
- If the complainant is dissatisfied with the decision of the local authority, an appeal can be made to the State Commission for Protection of Child Rights (SCPCR) or the authority prescribed under Section 31(3), as applicable.
- Complaints may relate to denial of admission, unlawful screening during admission, collection of capitation fee, discrimination, physical punishment, mental harassment and other violations of rights protected by the RTE Act.
- Complaints concerning child-rights violations may also be raised before the SCPCR or National Commission for Protection of Child Rights (NCPCR). NCPCR also operates the e-Baal Nidan online complaint system.
- The exact local authority, education officer or grievance-redressal body may differ from one State to another because State Governments have framed their own RTE Rules and administrative mechanisms.
What Is an RTE Act Violation by a School?
An RTE Act violation occurs when a school, school authority or other responsible body acts contrary to a right, obligation or prohibition contained in the Right of Children to Free and Compulsory Education Act, 2009.
The Act was enacted to provide free and compulsory elementary education to children between the ages of six and fourteen years. It gives statutory effect to the constitutional guarantee of education contained in Article 21-A and other education-related constitutional provisions.
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The RTE Act imposes obligations not only on governments and local authorities but also on different categories of schools in matters such as admission, treatment of children, infrastructure, recognition and educational standards.
Not every dispute between a parent and a school automatically becomes an RTE violation. The dispute must ordinarily relate to a right or obligation covered by the Act or the applicable RTE Rules.
For example, a disagreement about a school transport route may not necessarily fall under the RTE grievance procedure. However, denial of a statutory admission right, unlawful screening of children, corporal punishment or discrimination affecting a child’s education may raise issues directly connected with the Act.
What Types of School Actions Can Amount to RTE Violations?
Several kinds of conduct may give rise to a complaint under the RTE framework.
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Denial of the Right to Free and Compulsory Education
Section 3 of the RTE Act recognises the right of every child covered by the provision to free and compulsory elementary education in a neighbourhood school until completion of elementary education.
The constitutional and judicial development of the right to education in India shows how education gradually developed from a Directive Principle into an enforceable Fundamental Right.
Government and local authorities are placed under statutory duties to provide and facilitate elementary education. Where a child entitled to the protection of the Act is unlawfully prevented from accessing elementary education, the matter may therefore be raised through the grievance-redressal mechanism.
Unlawful Screening During Admission
Section 13 of the RTE Act prohibits a school or person from subjecting a child, parent or guardian to a screening procedure for admission.
Screening generally refers to a method of selecting one child in preference to another through an assessment or selection process prohibited by the statutory framework.
Admission tests, interviews or similar procedures may therefore raise concerns where they amount to screening prohibited under the Act. The precise application of the provision depends upon the category of school and the nature of admission involved.
Violation of the screening prohibition may attract a monetary penalty. The Act provides for a fine extending to ₹25,000 for the first contravention and ₹50,000 for each subsequent contravention.
Charging Capitation Fee
Section 13 also prohibits the collection of a capitation fee at the time of admission.
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Capitation fee broadly refers to a donation, contribution or payment other than the fee permitted or notified by the school.
Where capitation fee is collected in violation of Section 13, the Act provides for a fine extending to ten times the capitation fee charged.
The legal position on admission practices and capitation fees has also developed through constitutional litigation concerning private educational institutions. For instance, the Supreme Court has considered the legality of admissions and fee structures in P.A. Inamdar v State of Maharashtra.
A demand for an unexplained donation or compulsory contribution linked to admission may therefore require closer examination under the RTE Act and other applicable education laws.
Physical Punishment or Mental Harassment
Section 17 expressly states that no child shall be subjected to physical punishment or mental harassment.
A person who violates this prohibition may face disciplinary action under the service rules applicable to that person.
The prohibition covers more than serious physical violence. Slapping, hitting, caning, forcing painful postures, humiliating a child publicly, repeated name-calling or degrading treatment may raise issues under Section 17 depending upon the circumstances.
The broader legal position concerning corporal punishment in schools in India also involves the RTE Act and other child-protection laws.
Corporal punishment or mental harassment can affect not only physical safety but also the dignity of the child. The right to live with dignity forms an important part of the wider constitutional protection under Article 21.
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Discrimination Against Children
The RTE framework requires governments and local authorities to ensure that children belonging to weaker sections and disadvantaged groups are not discriminated against or prevented from pursuing and completing elementary education.
Discriminatory treatment may involve exclusion from school activities, segregation, unequal access to facilities or practices that interfere with the child’s ability to continue education.
The constitutional prohibition against discrimination and the circumstances in which special provisions can be created are also connected with Article 15 of the Constitution of India.
A complaint may therefore be made where discriminatory treatment amounts to a violation of protections contained in the RTE Act or the applicable Rules.
Failure to Meet Statutory School Norms
The RTE Act contains requirements relating to recognition and prescribed norms and standards for schools.
These include requirements relating to school buildings, classrooms, teachers, drinking water, sanitation and other basic facilities contemplated by the statutory framework.
Persistent non-compliance with mandatory standards may therefore be brought before the appropriate educational authority.
What Should Parents Do First If a School Violates the RTE Act?
The first practical step is usually to document the violation properly.
A complaint becomes easier for an authority to examine when it is supported by clear facts, dates and documents rather than general allegations.
Relevant records may include:
- Admission documents: Admission forms, rejection letters, prospectuses or notices may help establish the nature of an admission-related dispute.
- Financial records: Fee receipts, donation demands, bank records or payment communications may be relevant where illegal charges or capitation fees are alleged.
- School communications: Emails, messages, letters, circulars and notices issued by the school can help establish what was communicated and when.
- Medical or photographic evidence: Medical records, photographs or similar evidence may become relevant where physical punishment or injury is alleged.
- Earlier complaints: Copies of representations already submitted to the principal, management or education authorities should be retained.
- Incident details: Dates, names of persons involved and details of potential witnesses can help an authority understand the sequence of events.
Where possible, communication with the school should be maintained in writing.
Should the Complaint First Be Made to the School?
In many cases, the school administration may be approached before taking the matter to external authorities.
A written representation can be addressed to the principal, head of school, management or other competent school authority explaining:
- what happened;
- when the incident occurred;
- which child was affected;
- what corrective action is required; and
- what supporting documents are available.
Where a School Management Committee has been constituted under the RTE framework and has jurisdiction over the matter, the issue may also be placed before it.
However, approaching the school first should not delay immediate reporting to statutory authorities where the allegation involves serious physical harm, sexual abuse, continuing harassment or another urgent child-safety issue.
How Can an RTE Complaint Be Filed With the Local Authority?
Section 32 of the RTE Act creates a specific statutory grievance-redressal mechanism.
Written Complaint Under Section 32
Section 32(1) provides that any person having a grievance relating to the right of a child under the RTE Act may make a written complaint to the local authority having jurisdiction.
This is important because the provision is not restricted only to the child’s parents. Any person having a relevant grievance concerning the child’s statutory right may approach the competent local authority.
The appropriate local authority may vary depending on the State, district and applicable RTE Rules.
What Should the Complaint Contain?
A written complaint should preferably contain:
- name and basic details of the child;
- name and address of the school;
- clear description of the alleged violation;
- relevant dates and sequence of events;
- copies of supporting documents;
- details of earlier complaints submitted to the school;
- relevant provision of the RTE Act, where identifiable; and
- specific corrective action or relief being requested.
A factual and chronological complaint generally makes it easier for the authority to identify the legal issue involved.
How Long Does the Local Authority Have to Decide the Complaint?
Section 32(2) contains an important statutory timeline.
After receiving the written complaint, the local authority must decide the matter within three months.
Before taking a decision, the authority must provide a reasonable opportunity of being heard to the parties concerned.
The grievance process is therefore not merely an informal representation. Section 32 creates a statutory mechanism requiring the competent authority to examine and decide the complaint.
What Can Be Done If the Local Authority Rejects the Complaint?
A further remedy is available under Section 32.
Under Section 32(3), a person aggrieved by the decision of the local authority may file an appeal before:
- the State Commission for Protection of Child Rights; or
- the authority prescribed under Section 31(3), where applicable.
The procedural details, including the authority, format and manner of filing, may differ under the RTE Rules applicable in a particular State or Union Territory.
What Is the Role of the State Commission for Protection of Child Rights?
Section 31 gives the State Commission for Protection of Child Rights an important role in monitoring implementation of children’s rights under the RTE Act.
The Commission can examine safeguards provided under the Act, review their effectiveness and inquire into complaints relating to a child’s right to free and compulsory education.
The broader importance of remedies for violations affecting children can also be understood in the context of child rights, access to justice and effective remedies.
An SCPCR may therefore become relevant both in its general child-rights role and as an appellate authority under Section 32.
Where a State Commission has not been constituted, the law allows another prescribed authority to perform the functions contemplated by Section 31(3).
Can a Complaint Be Made to NCPCR?
The National Commission for Protection of Child Rights (NCPCR) performs important functions concerning child-rights protection and monitoring of the right to education.
Complaints concerning violations of children’s educational rights may be brought before child-rights authorities depending upon the nature and stage of the grievance.
NCPCR should, however, not automatically be treated as a substitute for every local statutory remedy. Depending upon the nature of the dispute, beginning with the local authority under Section 32 and following the prescribed State-level mechanism may be appropriate.
How Can an Online Complaint Be Filed Through e-Baal Nidan?
NCPCR operates e-Baal Nidan, an online complaint-management platform for complaints concerning child-rights violations.
The portal allows a complainant to provide information relating to:
- details of the complainant;
- details of the affected child;
- State and district;
- nature of the complaint;
- description of the grievance;
- proceedings already pending before another commission;
- pending court proceedings, where applicable; and
- supporting documents or other relevant material.
A complaint registered through the system can subsequently be tracked using the complaint details provided through the portal.
What Evidence Should Be Preserved?
Proper documentation is particularly important in school-related disputes because the facts surrounding an incident may later be contested.
Depending upon the issue, useful evidence may include:
- receipts showing payment of allegedly unauthorised charges;
- admission advertisements or prospectuses;
- written communication refusing admission;
- screenshots of relevant school messages;
- written complaints submitted to the principal;
- responses received from school authorities;
- photographs relating to the alleged violation;
- medical certificates or treatment records;
- details of witnesses; and
- copies of representations submitted to education authorities.
Original documents should ordinarily be retained while copies are submitted with complaints unless the authority specifically requires otherwise.
What Relief Can Be Sought in an RTE Complaint?
The appropriate relief depends upon the nature of the violation.
A complainant may seek measures such as:
- consideration or restoration of a statutory admission right;
- discontinuation of an unlawful screening procedure;
- action concerning the collection of capitation fee;
- protection of a child from physical punishment or mental harassment;
- cessation of discriminatory treatment;
- compliance with statutory school norms;
- inquiry by the competent education authority; or
- disciplinary or administrative action where authorised by law.
The authority dealing with the complaint will determine what action is legally available under the RTE Act, applicable Rules and other relevant laws.
Do RTE Complaint Procedures Differ Between States?
Yes. The basic rights and grievance mechanism arise from the Central RTE Act, but the administrative procedure may differ between States and Union Territories.
State Governments have framed RTE Rules and notified authorities at different levels for implementation and grievance redressal.
Therefore, before filing a complaint, the competent local authority, education officer or grievance-redressal body under the Rules applicable in the concerned State should be identified.
Can Other Laws Apply Along With the RTE Act?
Yes. An incident occurring in a school may sometimes involve more than an RTE violation.
Serious physical violence, sexual abuse, caste-based offences or other unlawful conduct may attract separate legal provisions in addition to remedies available under education law.
For example, physical cruelty against a child may also raise issues under child-protection and criminal laws. The constitutional protection of life and dignity under Article 21 of the Constitution of India may also form part of the wider legal framework protecting children.
Where sexual abuse of a child is involved, the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) may become applicable.
In serious cases involving a criminal offence or immediate danger to a child, relying only upon an internal school complaint or an RTE representation may therefore be insufficient. The competent police, child-protection authorities or other statutory authorities may also have to be approached.
What Can Parents Do If a School Violates the RTE Act?
If a school violates a child’s rights under the RTE Act, the matter should first be properly documented. A written representation may be made to the school or competent School Management Committee where appropriate.
A formal complaint can then be filed before the local authority under Section 32 of the RTE Act. The local authority is required to decide the complaint within three months after giving the concerned parties a reasonable opportunity of being heard.
If the decision is unsatisfactory, an appeal may be filed before the State Commission for Protection of Child Rights or the prescribed authority. Complaints involving broader child-rights violations may also be brought before the appropriate child-rights commission, including through NCPCR’s e-Baal Nidan system where applicable.
The most suitable remedy ultimately depends upon the nature of the violation, the category of school, the applicable State RTE Rules and whether another child-protection or criminal law is also involved.
The RTE Act does not merely declare a right to elementary education. It also provides a statutory grievance mechanism through which violations affecting a child’s access to education, dignity and lawful treatment can be formally examined and addressed.
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