MHRD amending RTE Act on no-detention policy

Naina Mishra

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Tribune News Service

Chandigarh, February 21

The Ministry of Human Resource Development (MHRD) will introduce amendments to the rules under the Central Right to Education Act. The new rules are being framed in consideration with the Ministry of Law and Justice.

Section 16 of the Act that mandates no detention of any child up to Class VIII will be amended.

A query under the RTI Act was filed to the Department of School Education & Literacy, MHRD, on “whether any permission is required from the MHRD or the Ministry of Home Affairs by the UT for scrapping the no-detention policy under the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.”

Ever since Parliament approved a Bill to amend a law for abolishing the ‘no-detention policy’ till Class VIII in January last year, the Union Territory of Chandigarh had sent multiple proposals to the Centre to amend the policy for all schools. However, rules are yet to be modified in Chandigarh due to which students cannot be detained.

The ministry responded to the query that as per Section 2(a) of the RTE Act, the Centre was the appropriate body to take decisions regarding schools established, owned or controlled by a union territory having no legislature. “Accordingly, rules under the RTE (Amendment) Act, 2019, are being framed in consideration with the Ministry of Law and Justice,” replied the ministry.

Rajnish Kumar, Director, School, Education and Literacy, MHRD, said: “The rules are being amended and they will apply to Chandigarh also. They will be notified by the Ministry of Human Resource and Development. Under the amended Act of 2019, states were given permission to detain students.”

Class IX results

As no child can be detained till Class VIII, there was a huge failure rate reported in Class IX. Around 4,708 students failed Class IX in 93 government schools last year. Only 6.5 per cent of the 14,683 students secured a first division (60 per cent) slot. Only 3.18 per cent could score marks between 70 per cent and 79 per cent and barely 1.2 per cent could avail of more than 80 per cent marks. Only 0.2 per cent could make it to more than 90 per cent marks in the Class IX exam

Last year’s proposal

After the Centre repealed no-detention policy for Classes V and VIII in January this year, the UT Education Department had sent a proposal stating rules of detention policy to the Centre for approval. According to the rules proposed by the UT, “Any child who has passed in all subjects except one out of mathematics, science, social science and one language out of English, Hindi, Punjabi, but has obtained minimum 25 per cent marks in the subject or language failed in Class V or VIII will be granted opportunity for re-examination in said subject/language within one month from the date of declaration of the result.”

25 states demanded amendment, only nine have notified till now

Replying to a discussion on the RTE Amendment Bill last year, former Union Minister of Human Resource Development Prakash Javadekar stated that the Bill was amended because 25 states were demanding the right to change the no-detention policy. However, the RTI reply revealed that only Bihar, Madhya Pradesh, Sikkim, Punjab, Gujarat, Himachal Pradesh, Jharkhand and Tripura have notified regarding no-detention policy under RTE Amendment Act, 2019.