PRELIMINARYCentral

Section 2 of The Right of Children to Free and Compulsory Education Act, 2009

In this Act, unless the context otherwise requires,--

(a)"appropriate Government" means--
1. (i)in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;
2. (ii)in relation to a school, other than the school referred to in sub-clause (i), established within the territory of--
(A)a State, the State Government;
(B)a Union territory having legislature, the Government of that Union territory;
(b)"capitation fee" means any kind of donation or contribution or payment other than the fee notified by the school;
(c)"child" means a male or female child of the age of six to fourteen years;
(d)"child belonging to disadvantaged group" means 3 [a child with disability or] a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;
(e)"child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification; 1 [(ee) "child with disability" includes,--
(A)a child with "disability" as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
(B)a child, being a person with disability as defined in clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);
(C)a child with "severe disability" as defined in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).]
(f)"elementary education" means the education from first class to eighth class;
(g)"guardian", in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a court or a statute;
(h)"local authority" means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village;
1. (i)"National Commission for Protection of Child Rights" means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006);
(j)"notification" means a notification published in the Official Gazette;
(k)"parent" means either the natural or step or adoptive father or mother of a child;
(l)"prescribed" means prescribed by rules made under this Act;
(m)"Schedule" means the Schedule annexed to this Act;
(n)"school" means any recognised school imparting elementary education and includes--
1. (i)a school established, owned or controlled by the appropriate Government or a local authority;
2. (ii)an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;
3. (iii)a school belonging to specified category; and
4. (iv)an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;
(o)"screening procedure" means the method of selection for admission of a child, in preference over another, other than a random method;
(p)"specified category", in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government;
(q)'State Commission for Protection of Child Rights" means the State Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).

Summary

A child is defined as any boy or girl who is between the ages of six and fourteen years.
Elementary education is defined as the school classes starting from the first class up to the eighth class.
Capitation fee is defined as any kind of donation, contribution, or extra payment asked by a school other than its officially notified fee.
A child belonging to a disadvantaged group includes children with disabilities, Scheduled Castes, Scheduled Tribes, and other socially or educationally backward classes.
A child belonging to a weaker section is one whose parents have an annual income below the limit set by the local government.
The term school includes government schools, aided schools receiving public funds, private-unaided schools, and special categories like Kendriya Vidyalaya.

Practical examples

1Seven year old Meera belongs to a Scheduled Tribe family in a remote village, and her family struggles with social barriers. Under the definitions of the education law, Meera is classified as a child belonging to a disadvantaged group.

2Ramesh wanted to enroll his eight year old son in a local private school, but the school asked for a mandatory donation of ten thousand rupees. This extra demand is a capitation fee, which is strictly prohibited under this legal framework.

FAQ

1. Who qualifies as a child under the Right of Children to Free and Compulsory Education Act, 2009?

Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, a child is defined as any boy or girl who is between six and fourteen years of age.

2. What does elementary education mean in the Right of Children to Free and Compulsory Education Act, 2009?

According to Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, elementary education means the school education provided from the first class to the eighth class.

3. What is a capitation fee under the Right of Children to Free and Compulsory Education Act, 2009?

Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, a capitation fee is any donation, contribution, or payment demanded by a school that is not part of its officially declared and notified school fees.

4. What are the different categories of schools defined under the Right of Children to Free and Compulsory Education Act, 2009?

Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 defines four types of schools, which are government-owned schools, private-aided schools, special category schools like Kendriya Vidyalaya, and private-unaided schools.

5. Who is considered a child with disability under the Right of Children to Free and Compulsory Education Act, 2009?

Section 2 of the Right of Children to Free and Compulsory Education Act, 2009 defines a child with disability to include children with disabilities under the 1995 Act, as well as those with autism, cerebral palsy, mental retardation, and multiple disabilities.

Test yourself

Q1.Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, what is the exact age range specified for a person to be considered a child?

Q2.According to Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, what is elementary education?

Q3.Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, how is a capitation fee defined?

Q4.Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, which of the following is classified as a school belonging to a specified category?

Q5.Under Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, what does a child belonging to disadvantaged group include?

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