Last Change:
04/22/2025
The Right to Free and Compulsory Education Act, 2012
Year: 2012
Type: Domestic law
Rights Category: Education
Description
An Act to provide for free and compulsory education to all children of the age of five to sixteen years
Selected provisions
"special education" means educational programmes and practices designed for students as handicapped or gifted students, whose mental ability, physical ability, emotional functioning, etc. require special teaching approaches, equipment, or care within or outside a regular classroom.
(1) Every child, regardless of sex, nationality, or race, shall have a fundamental right to free and compulsory education in a neighbourhood school.
(2) No child shall be liable to pay any kind of fee, charges, expenses, etc., which may prevent him from pursuing and completing the education.
(3) It is the obligation of the appropriate Government to,—
(a) provide free education to every child;
(b) ensure admission of children of migrant families;
(c) ensure compulsory admission, attendance, and completion of education;
(d) ensure safety of travel of the child and the teacher to and from school;
(e) ensure availability of a neighbourhood school;
(f) ensure that the disadvantaged child is not discriminated against and prevented from, on any grounds whatsoever, pursuing and completing education;
(g) provide infrastructure including school building, playgrounds, laboratories, teaching-learning material, and teaching staff;
(h) monitor functioning of schools within its jurisdiction;
(i) decide the academic calendar;
(j) provide all training facilities for teachers and students;
(k) ensure good quality education conforming to the prescribed standards and norms;
(l) ensure timely prescribing of curriculum and courses of study for education; and
(m) provide proper training facility for teachers.
Where a child has not been admitted in any school or, though admitted, could not complete his education, then he shall be admitted in an appropriate class in a formal or non-formal school:
Provided that he shall, in order to be at par with others, have a right to receive special training, in such a manner, and within one academic year.
For the purposes of this Act, a school,—
(a) specified in sub-clauses (i) and (ii) of clause (k) of Section 2, shall provide free education to such proportion of children admitted therein as its annual aid or grants received bears to its annual recurring expenses; and
(b) in sub-clause (iii) of clause (k) of Section 2, shall admit in class I and then in every class, to the extent of ten percent of the strength of that class, disadvantaged children in the neighbourhood and provide free education till the educational level of that school:
Provided that where a school specified in clause (b) imparts pre-school education, the provisions of clauses (a) and (b) shall apply for admission to such pre-school education.
(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his parents or parent to any screening procedure.
(2) Any school or person, if in contravention of the provisions of sub-section (1),—
(a) receives capitation fee, shall be punishable with fine which may extend to twenty times the capitation fee charged for the first contravention and fifty thousand rupees for each subsequent contravention; and
(b) subjects a child or parent to screening procedure, shall be punishable with fine which may extend to fifty thousand rupees for the first contravention and one hundred thousand rupees for each subsequent contravention.
For the purposes of admission to a school, the age of a child shall be determined on the basis of the Form-B of NADRA and birth certificate issued as prescribed:
Provided that no child shall be denied admission in a school for lack of proof of age.
(1) A child shall be admitted in a school at the commencement of every academic year:
Provided that no child shall be denied admission if such admission is sought subsequent to termination of admission period of the academic year:
Provided that any child subsequently admitted shall complete his studies in such manner as may be prescribed.
(2) No child admitted in a school shall be expelled from school till the completion of the prescribed education.
(3) No child shall be subjected to corporal punishment or mental harassment.
(4) Whoever contravenes the provisions of this section shall be liable to disciplinary action under the service rules.
(1) The appropriate Government shall, in addition to the functions assigned to them under this Act, also perform the following functions, namely:-
(a) take all necessary measures for the effective implementation of the child rights under this Act; and
(b) inquire into complaints relating to child's right and take appropriate action.
(2) Any person having any grievance relating to the rights of a child under this Act may make a written complaint to the appropriate Government.
(3) After receiving the complaint under sub-section (2), the appropriate Government shall decide the matter within the period of one month after affording a reasonable opportunity of being heard to the parties concerned.