Promoting Education TO ALL: RTE

Act and NEP 2020 Initiatives

The Right of Children to Free and Compulsory Education Act, 2009
(RTE Act) is an Act of Parliament of India enacted on 4 August
2009. The Act provides for free and compulsory education for
children aged 6 to 14 years as a fundamental right in India. The Act
applies to all government and private schools. The 86th
Amendment to the Constitution of India, enacted in 2002, inserted
Article 21A, which mandates free and compulsory education for all
children between the ages of 6 and 14 years. The amendment also
established the Right of Children to Free and Compulsory Education
(RTE) Act, 2009, which is the legislation that implements the right to
education.
The case of Unni Krishnan, J.P. & Ors. v. State of
Andhra Pradesh & Ors. was a landmark case in the
history of education in India. The case was filed in 1992 by
a group of students and parents challenging the
constitutionality of state laws regulating capitation fees
charged by private professional educational institutions.
The Supreme Court of India held that the right to basic education is
implied by the fundamental right to life (Article 21) when read in
conjunction with the directive principle on education (Article 41).
The Court also held that the right to education is not absolute and
that the state can regulate the fees charged by private educational
institutions.
The RTE Act has been hailed as a landmark legislation that
has the potential to transform the education landscape in
India. The Act has been credited with increasing school
enrolment rates, improving teacher quality, and reducing
gender and caste disparities in education.

The RTE Act has been a major step forward in ensuring that
all children in India have access to quality education. The Act
has the potential to create a more just and equitable society
by empowering children from disadvantaged backgrounds.
Here are some of the key features of the RTE Act:

• Free and compulsory education for all children aged 6 to 14

years.
• Right to admission in a neighbourhood school.
• Right to free textbooks, uniforms, and mid-day meals.
• Prohibition of corporal punishment.
• Reservation of 25% seats in private schools for children from
disadvantaged groups.
• Setting up of school management committees.
• Establishment of an independent National Commission for
Protection of Child Rights.
The 4A framework of RTE ACT 2009 is a tool for assessing
the quality of education systems. It stands for

1. Availability,
2. Accessibility,
3. Acceptability,
4. Adaptability.
The Act has been instrumental in increasing access to
education for millions of children in India. However, there are
still challenges to ensuring that education is available,
accessible, acceptable, and adaptable for all children.

• Availability
It refers to the physical availability of schools and
education services. This includes having enough schools,
classrooms, and teachers to meet the needs of all children.
Section 2(1)(a) of the RTE Act defines "education" as "the
development of the child's personality, talents and mental
faculties, physical and intellectual abilities, moral and
spiritual values and the social and cultural awareness". This
section emphasizes the importance of providing a holistic
education that meets the needs of all children.
Section 3(1) of the RTE Act states that "the right of every
child to free and compulsory education of age six to fourteen
years in a neighbourhood school till completion of
elementary education". This section guarantees the
availability of free and compulsory education for all
children.
Section 4(1) states that "the appropriate government shall, by
notification, constitute a State Council of Educational
Research and Training for the purpose of co-ordinating and
monitoring the implementation of this Act". This section
establishes the State Council of Educational Research and
Training, which is responsible for ensuring that there is a
sufficient number of schools and teachers to meet the needs
of all children.

• Accessibility
It refers to the financial and social accessibility of schools and
education services. This includes making education free for all
children, regardless of their family's income, and removing
any barriers that prevent children from attending school, such
as discrimination or disability.
Section 12(1)(c) of the RTE Act states that "no child shall be
liable to pay any kind of fee or charges, which may prevent
him or her from pursuing elementary education". This
section prohibits schools from charging fees from children,
which makes education more accessible for children from
low-income families. It mandates that 25% of seats in
private schools be reserved for children from economically
weaker sections (EWS) and disadvantaged groups (DG).
Section 12(1)(d) of the RTE Act states that "no child shall
be denied admission in any school on the ground of caste,
creed, gender, disability, religion, language, or social and
economic background". This section prohibits
discrimination in admissions, which makes education more
accessible for children from marginalized groups.
Section 14(1) states that "every school shall provide special
education to children with disabilities". This section ensures
that children with disabilities have access to an education that
meets their needs.
Section 21(1) of the RTE Act, schools are required to
constitute a ‘School Management Committee’ considering of
elected representatives from the local authority, parents or
guardians of children admitted mid teachers. It further states
that three-fourth of the members of such a committee will be
parents or guardians, with proportionate representation given
to the parents or guardians of children belonging to
disadvantaged groups and weaker sections of society. This
section of the Act is not applicable to an unaided school,
which is not receiving any aid or grants from the Government
or local authority.
 In Society for Unaided Private Schools of Rajasthan v.
Union of India 2012 case, The Society for Unaided Private
Schools, a group of privately managed schools, contested
the validity of section 12 of the RTE Act, The RTE Act’s
constitutionality was the key issue before the Court, with
two fundamental questions:
1. Whether imposing mandated quotas on private schools
violated Article 19 of the Constitution, which provides
the freedom to practice any profession or occupation?

2. Whether imposing quotas on minority private school

breaches Article 30 of the Constitution, which
guarantees minority groups’ right to create and run
private schools?

The Supreme Court bench of Chief Justice S.H. Kapadia,

Justice Radhakrishnan and Justice Swantanter Kumar
delivered the decision in this case. The decision was not
unanimous, and Judge Radhakrishnan issued a dissenting
minority opinion. The majority judgment held that Article
19(6) permitted the State to impose reasonable restrictions
on the right to carry on an occupation, trade or business
under Article 19(1)(g) and that the 25% reservation
obligation on private unaided schools was a reasonable
restriction. However, the Supreme Court carved out an
exception from the application of the RTE Act and held that
Section 12(1)(c) of the Act requiring unaided minority
schools to admit children from disadvantaged groups
violated the minority character of those institutions and
hence, the RTE Act could not be applied to private unaided
minority schools.

Another case, Sobha George v. State of Kerala case of 2016

is a landmark judgment of the Kerala High Court that made
Section 16 of the Right to Education Act (RTE Act) to be
applicable to minority educational institutions as well. Section
16 of the RTE Act {No Detention Policy} mandates schools
not to detain students till they complete elementary education.
In this case, Sobha George, a parent, had filed a writ
petition in the Kerala High Court challenging the decision
of a minority school to detain her son in the 7th standard.
The school had argued that it was a minority institution and
was therefore exempted from the provisions of the RTE Act.
The Kerala High Court, however, held that the RTE Act is a
"welfare legislation" and that its provisions are applicable
to all schools, including minority institutions. The court also
held that the right to education is a fundamental right and
that no child can be denied education on the ground of their
academic performance. The Sobha George judgment is a
significant victory for the Right to Education movement in
India. It has helped to ensure that all children, regardless of
their background, have access to quality education.

The National Education Policy 2020 aims to bring

transformational reforms in school and higher education and
thus shape India into a global knowledge superpower. The
Union Cabinet chaired by Prime Minister Shri Narendra Modi
approved the National Education Policy
2020 on July 29, 2020. This policy replaced the 34-year-old
National Policy on Education (NPE), in 1986. The NEP
2020 came into effect after a lot of equivocation on the 2
drafts; one submitted by Subramanian Committee (2016)
and the other submitted by
Kasturirangan Committee (2019) built on the foundational
pillars of Access, Equity, Quality, Affordability, and
Accountability, this policy is aligned with the 2030 Agenda
for Sustainable Development.
The policy aimed to achieve universalization of
elementary education by providing access to education
to all children in the of age group.

The policy emphasizes the importance of equity and inclusion

in education and proposes several measures to ensure that all
students have access to quality education, regardless of their
socio-economic background. Some of these measures
include:

• Promoting universal access to education by setting up more

schools, and increasing the number of teachers.

• Addressing the needs of children with disabilities by

providing them with special education and assistive devices.

• Providing scholarships, financial aid, and other incentives to

students from disadvantaged backgrounds to encourage
them.

• Promoting gender equity in education by ensuring that girls

have equal access to education and encouraging their
participation in all fields of study.
 •

The policy recognizes the importance of early childhood care and

education and aims to provide high-quality Early Childhood Care
and Education (ECCE) to all children up to the age of 5 years by
2025. The policy proposes the establishment of Anganwadi centres in
every habitation and the training of Anganwadi workers.

The Right of Children to Free and Compulsory Education (RTE) Act,

2009 and the National Education Policy (NEP) 2020 are two
complementary pieces of legislation that aim to improve the quality
of education in India. The RTE Act guarantees free and compulsory
education to all children between the ages of 6 and 14, while the NEP
sets out a vision for education in India that is holistic, inclusive, and
competency-based.

Here are some of the ways in which the RTE Act and the NEP
complement each other:

• The RTE Act focuses on access to education, while the NEP

focuses on quality. The RTE Act ensures that all children
have access to education by making it free and compulsory;
the NEP, on the other hand, focuses on improving the quality
of education by setting high standards for curriculum,
pedagogy, and assessment.
• The RTE Act focuses on equity, while the NEP focuses on
excellence. The RTE Act aims to ensure that all children,
regardless of their background, have access to education. The
NEP, on the other hand, aims to create a system of education
that is excellent and world-class.
 •
The RTE Act focuses on the elementary level, while the NEP
focuses on all levels of education. The RTE Act is primarily
concerned with elementary education, which is education for
children between the ages of 6 and 14. The NEP, on the other
hand, is a comprehensive policy that covers all levels of
education, from early childhood education to higher education.

• The RTE Act emphasizes the importance of mother tongue

education, while the NEP calls for a multilingual approach to
education.
• The RTE Act requires schools to provide special education
for children with disabilities, while the NEP calls for a more
inclusive approach to education.
In terms of availability, the RTE Act has been successful in
increasing the number of children enrolled in school. According to
the Annual Status of Education Report (ASER) 2022, the
enrolment rate for the
6 to 14 age group has been above 95% for the past 15 years. The
NEP 2020 has set a target of universalizing education up to the age of
18, and this will require further investment in infrastructure and
teacher training.
In terms of accessibility, the NEP 2020 has a number of provisions
that are designed to make education more accessible to all. These
include:

• Making education more affordable by providing scholarships

and other financial assistance to students from disadvantaged
backgrounds.
 •
• Making education more inclusive by providing special
education for students with disabilities.

• Making education more flexible by offering online and

distance learning options.

• Making education more relevant by linking it to the needs of

the local community and the global economy.

According to the Annual Status of Education Report (ASER) 2022

(published by the education non-profit Pratham) despite school
closures during the pandemic, overall enrolment figures have
increased from 97.2% in 2018 to 98.4% in 2022. The proportion of
children (age 6 to 14) enrolled in government school increased
sharply from 65.6% in 2018 to 72.9% in 2022. Increase in
government school enrolment is visible for almost every state in the
country.

At the All-India level, no major change is seen in students’ and

teachers’ attendance. Average teacher attendance increased slightly,
from 85.4% in 2018 to 87.1% in 2022. Average student attendance
continues to hover at around 72% for the past several years.
Nationally, small improvements are visible in all Right to
Educationrelated indicators over 2018 levels. For example, the
fraction of schools with useable girls’ toilets increased from 66.4% in
2018 to 68.4% in 2022. The proportion of schools with drinking water
available increased from 74.8% to 76%, and the proportion of schools
 •
with books other than textbooks being used by students increased
from 36.9% to 44% over the same period.
The New Education Policy 2020 has been praised as it provide
barrierfree access to education for all children across the country.
Inclusive education in India has often been achieved by excluding
children with disabilities. Children with disabilities face discrimination
in many areas of life, which can lead to their exclusion from society.

The report based on the Survey of Persons with Disabilities in India

conducted during NSS 76th round (July – December 2018) states the
Education level among persons with disabilities as-
 • Among persons with disabilities of age 7 years and above, 52.2
per cent were literates.
• Among persons with disabilities of age 15 years and above, 19.3
per cent had highest educational level secondary and above.
• Among persons with disabilities of age 3 to 35 years, 10.1 per
cent attended pre-school intervention programme.
• Percentage of persons with disability of age 3 to 35 years who
were ever enrolled in ordinary school was 62.9 per cent.

Chapter VI of the NEP focuses on equitable and “inclusive” education.

It primarily emphasizes the need of having an inclusive education
system consisting of inclusive schools, where students with and without
disabilities learn together and where due regard is paid to the needs of
the disabled students. To achieve this goal, the NEP sets out a very
ambitious plan which consists of making disability friendly
infrastructure and educational resource available in all schools across
the country. NEP has cleared confusion with regards to the medium of
attaining education for disabled children. The earlier two acts i.e.
(Rights of Persons with Disabilities Act, 2016
(“RPWD Act”) and Right of Children to Free and Compulsory
Education Act, 2009 (“RTE Act”) which equivocally provided for
three mediums to the children for receiving their education oscillated
between these three choices mentioned herein below:

I . Special Schools

II. Neighbourhood Schools

III. Home-based Education

The NEP rectifies this issue by recognizing all three options for their
education. Nevertheless, certain concerns remain unaddressed.
 a. Home Schooling

It is important to audit the home schooling for the quality of the

homebased education. The New Education Policy of 2020 aligns with
the norms mentioned in the RPWD Act with regards to the audit of
homebased education. there are some concerns about the quality of
homebased education and the working conditions of the block level
resource persons who help to provide it.

One concern is that the quality of home-based education may not be as

good as that of education in a school. This is because home-based
education is often less personalized and does not offer the same
opportunities for interaction with other children. Additionally, block
level resource persons often have heavy workloads and low salaries,
which can make it difficult for them to provide high-quality support to
disabled children.

Another concern is that the NEP's endorsement of home-based

education could lead to the segregation of disabled children from their
peers. This is because home-based education can make it more
difficult for disabled children to participate in extracurricular
activities and social events. Additionally, it can make it more difficult
for them to develop the social skills they need to succeed in the
workforce. Ultimately, the success of the NEP's new education
options for disabled children will depend on the quality of the support
they receive. If the government is able to provide adequate funding
and support staff, then home-based education can be a viable option
for some disabled children.

b. Special Schooling:
The National Education Policy (NEP) recognizes the importance of
special schools for children with benchmark disabilities. However, the
policy does not specify whether these schools will be under the
Ministry of Social Justice or the Ministry of Education. Additionally,
the policy does not provide any concrete guidelines for the quality,
certification, or curriculum of special schools. This lack of clarity could
lead to a lack of uniformity in the quality of education provided by
special schools.
The NEP also advocates for the standardization of the Indian Sign
Language for teaching deaf children. However, it is unclear whether
this will be applied to schools that specialize in teaching deaf children,
where speech therapy and lip-reading are often preferred to sign
language. This could create a situation where deaf children are not
able to access the same quality of education, regardless of which type
of school they attend. Overall, the NEP's approach to special
education is somewhat unclear. The policy recognizes the importance
of special schools, but it does not provide enough detail to ensure that
these schools will be able to provide a high-quality education to all
children with disabilities. This could lead to a further segregation of
children with disabilities from their peers, and it could also limit their
opportunities for success in life.

c. Neighbourhood Schooling:
There are some concerns regarding neighbourhood schooling which are
not addressed under the NEP 2020:

• Lack of resources: Many neighbourhood schools do not have the

resources or expertise to provide the necessary support for
children with disabilities. This could lead to children with
disabilities being excluded from these schools.
• Segregation: The NEP 2020 promotes inclusive education, but
there is a risk that children with disabilities could be segregated
 from their non-disabled peers. This could have a negative impact
on their social and emotional development.
• Cost: The implementation of the NEP 2020 could be expensive.
This could lead to a decrease in the number of neighbourhood
schools, as they may not be able to afford to make the necessary
changes.
The National Education Policy (NEP) 2020 also mentions Special
Education Zones (SEZs) as a way to improve the quality of education
for socio-economically disadvantaged groups (SEDGs). SEZs are
defined as "regions of the country with large populations from
educationally-disadvantaged SEDGs, where all the schemes and
policies are implemented to the maximum through additional
concerted efforts, in order to truly change their educational landscape."
The NEP 2020 identifies the following SEDGs:

o Female and transgender individuals o Scheduled Castes,

Scheduled Tribes, OBCs, and Minorities o Students from
villages, small towns, and inspirational districts
o Students with disabilities, children in vulnerable situations,
such as those who are orphaned, trafficked, or from low-
income households
The NEP 2020 outlines a number of measures that will be taken to
improve the quality of education in SEZs. These measures include:

• Providing additional funding for schools in SEZs

• Recruiting and training more teachers for schools in SEZs
• Providing additional support for students with disabilities
• Developing and implementing new curriculum and pedagogy
that is tailored to the needs of students in SEZs
• Promoting community participation in education
The NEP 2020 hopes to close the educational gap between SEDGs
and the rest of the population.
The above figure shows the steps taken at international level for the
rights framework for inclusion of all to access the education.
International Framework-
UN’s Framework

• Universal Declaration of Human Rights, 1948

 Article 26
Everyone has the right to education. Education shall be free, at least in
the elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to
all on the basis of merit.
Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of
peace.
Parents have a prior right to choose the kind of education that shall be
given to their children.

• International Covenant on Economic, Social and Cultural Rights,

1966
 Article 13
Article 13 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR) states that everyone has the right to
education, which shall enable them to participate fully in the cultural
life of society and to contribute to its development. It also states that
education shall be directed to the full development of the human
personality and respect for human rights and fundamental freedoms. It
further states that primary education shall be compulsory and
available free to all; secondary education shall be generally available
and accessible; higher education shall be equally accessible on the basis
of capacity; and fundamental education shall be encouraged for those
who have not received or completed primary education. It also
recognizes the liberty of parents to choose schools for their children and
the freedom of individuals and bodies to establish educational
institutions, subject to minimum standards.
Article 13 (2): The right to receive an education - some general
remarks. While the precise and appropriate application of the terms will
depend upon the conditions prevailing in a particular State party,
education in all its forms and at all levels shall exhibit the following
interrelated and essential features:
(a) Availability - functioning educational institutions and
programmes have to be available in sufficient quantity within the
jurisdiction of the State party. What they require to function depends
upon numerous factors, including the developmental context within
which they operate; for example, all institutions and programmes are
likely to require buildings or other protection from the elements,
sanitation facilities for both sexes, safe drinking water, trained teachers
receiving domestically competitive salaries, teaching materials, and so
on; while some will also require facilities such as a library, computer
facilities and information technology;
(b) Accessibility - educational institutions and programmes have to
be accessible to everyone, without discrimination, within the
jurisdiction of the State party. Accessibility has three overlapping
dimensions:
(i) Non-discrimination - education must be accessible to all,
especially the most vulnerable groups, in law and fact, without
discrimination on any of the prohibited grounds.
(ii) Physical accessibility - education has to be within safe physical
reach, either by attendance at some reasonably convenient geographic
location (e.g. a neighbourhood school) or via modern technology (e.g.
access to a “distance learning” programme);
(iii) Economic accessibility - education has to be affordable to all.
This dimension of accessibility is subject to the differential wording of
article 13 (2) in relation to primary, secondary and higher education:
whereas primary education shall be available “free to all”, States parties
are required to progressively introduce free secondary and higher
education.
(c) Acceptability - the form and substance of education, including
curricula and teaching methods, have to be acceptable (e.g. relevant,
culturally appropriate and of good quality) to students and, in
appropriate cases, parents; this is subject to the educational objectives
required by article 13 (1) and such minimum educational standards as
may be approved by the State.
(d) Adaptability - education has to be flexible so it can adapt to the
needs of changing societies and communities and respond to the needs
of students within their diverse social and cultural settings.

Article 13 (2) (a): The right to primary education

The Committee obtains guidance on the proper interpretation of the
term “primary education” from the World Declaration on Education
for All which states: “The main delivery system for the basic education
of children outside the family is primary schooling. Primary education
must be universal, ensure that the basic learning needs of all children
are satisfied, and take into account the culture, needs and opportunities
of the community”.
As formulated in Article 13(2)(a),primary education has two distinctive
features: it is “compulsory” and “available free to all”.
Article 13 (2) (b), secondary education “shall be made generally
available and accessible to all by every appropriate means, and in
particular by the progressive introduction of free education”.
Article 13 (2) (d): The right to fundamental education, individuals
“who have not received or completed the whole period of their primary
education” have a right to fundamental education, or basic education as
defined in the World Declaration on Education For All.
Article 13 (2) (e): A school system; adequate fellowship system;
material conditions of teaching staff.
Article 13 (3) and (4): The right to educational freedom.

 Article 14
Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan
territory or other territories under its jurisdiction compulsory primary
education, free of charge, undertakes, within two years, to work out and
adopt a detailed plan of action for the progressive implementation,
within a reasonable number of years, to be fixed in the plan, of the
principle of compulsory education free of charge for all.

• Convention on the Rights of the Child, 1989

 Article 28 of the Convention on the Rights of the Child
(CRC)
recognizes the right of every child to education, which should be free
and compulsory at least in the primary level. It also states that
secondary and higher education should be accessible and available to
all children, and that school discipline should respect the dignity and
rights of children. It further states that States Parties should encourage
international cooperation to help poorer countries achieve this right.
 • Convention Relating to the Status of Refugees, 1951
 Article 22
Public education- The Contracting States shall accord to refugees the
same treatment as is accorded to nationals with respect to elementary
education. The Contracting States shall accord to refugees treatment as
favourable as possible, and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances, with respect to
education other than elementary education and, in particular, as regards
access to studies, the recognition of foreign school certificates,
diplomas and degrees, the remission of fees and charges and the award
of scholarships.

UNESCO’s Framework

• UNESCO Convention against Discrimination in Education,1960

 Article 1
For the purposes of this Convention, the term `discrimination' includes
any distinction, exclusion, limitation or preference which, being based
on race, colour, sex, language, religion, political or other opinion,
national or social origin, economic condition or birth, has the purpose
or effect of nullifying or impairing equality of treatment in education.
For the purposes of this Convention, the term `education' refers to all
types and levels of education, and includes access to education, the
standard and quality of education, and the conditions under which it is
given.
 Article 3
In order to eliminate and prevent discrimination within the meaning of
this Convention, the States Parties thereto undertake:
(a) To abrogate any statutory provisions and any administrative
instructions and to discontinue any administrative practices which
involve discrimination in education;
(b) To ensure, by legislation where necessary, that there is no
discrimination in the admission of pupils to educational institutions;
(c) Not to allow any differences of treatment by the public authorities
between nationals, except on the basis of merit or need, in the matter of
school fees and the grant of scholarships or other forms of assistance to
pupils and necessary permits and facilities for the pursuit of studies in
foreign countries;
(d) Not to allow, in any form of assistance granted by the public
authorities to educational institutions, any restrictions or preference
based solely on the ground that pupils belong to a particular group;
(e) To give foreign nationals resident within their territory the same
access to education as that given to their own nationals.

 Article 4
The States Parties to this Convention undertake furthermore to
formulate, develop and apply a national policy which, by methods
appropriate to the circumstances and to national usage, will tend to
promote equality of opportunity and of treatment in the matter of
education and in particular:
(a) To make primary education free and compulsory; make secondary
education in its different forms generally available and accessible to all;
make higher education equally accessible to all on the basis of
individual capacity; assure compliance by all with the obligation to
attend school prescribed by law;
(b) To ensure that the standards of education are equivalent in all
public educational institutions of the same level, and that the conditions
relating to the quality of the education provided are also equivalent;
(c) To encourage and intensify by appropriate methods the education
of persons who have not received any primary education or who have
not completed the entire primary education course and the continuation
of their education on the basis of individual capacity;
(d) To provide training for the teaching profession without
discrimination.

 Article 5
1.The States Parties to this Convention agree that:
(a) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms; it shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of
peace;
(b) It is essential to respect the liberty of parents and, where
applicable, of legal guardians, firstly to choose for their children
institutions other than those maintained by the public authorities but
conforming to such minimum educational standards as may be laid
down or approved by the competent authorities and, secondly, to ensure
in a manner consistent with the procedures followed in the State for the
application of its legislation, the religious and moral education of the
children in conformity with their own convictions; and no person or
group of persons should be compelled to receive religious instruction
inconsistent with his or their convictions;
(c) It is essential to recognise the right of members of national
minorities to carry on their own educational activities, including the
maintenance of schools and, depending on the educational policy of
each State, the use or the teaching of their own language.

ASIA AND PACIFIC FRAMEWORK

• ASEAN Human Rights Declaration (2012)

 Article 31 (1) Every person has the right
to education.

(2) Primary education shall be compulsory and made available free to

all. Secondary education in its different forms shall be available and
accessible to all through every appropriate means. Technical and
vocational education shall be made generally available. Higher
education shall be equally accessible to all on the basis of merit.

(3) Education shall be directed to the full development of the human

personality and the sense of his or her dignity. Education shall
strengthen the respect for human rights and fundamental freedoms in
ASEAN Member States. Furthermore, education shall enable all
persons to participate effectively in their respective societies, promote
understanding, tolerance and friendship among all nations, racial and
religious groups, and enhance the activities of ASEAN for the
maintenance of peace.

ISCED 1997 is a statistical framework for organizing information on

education maintained by UNESCO. It was approved by the UNESCO
General Conference in November 1997 and covers primarily two
crossclassification variables: levels and fields of education. It aims to
increase the international comparability of education statistics and take
into account new developments and changes in education systems.
ISCED 2011, the International Standard Classification of
Education, which is a framework developed by the United Nations
Educational, Scientific and Cultural Organization (UNESCO) to
categorize and compare education systems and qualifications
worldwide. ISCED 2011 is the most recent version of the classification,
which was adopted in 2011. The most recent version, ISCED 2011,
provides a comprehensive and standardized classification of
educational levels, enabling better understanding, research, and
international collaboration in the field of education.
ISCED 2011 offers a hierarchical structure that categorizes education
systems based on the educational content, duration, and progression. It
encompasses seven levels, each representing a specific stage of
education, from early childhood to tertiary education.

The levels in ISCED 2011 are explained in detail below:

Level 0: Early childhood education. This level covers

education programmes that are designed to support early
development in preparation for participation in school and
society. It has two sub-categories: early childhood educational
development (ISCED 010), which targets children below the age
of 3 years; and pre-primary education (ISCED 020), which
targets children from age 3 to the start of primary education.
Level 1: Primary education. This level covers programmes that
are typically designed to provide students with fundamental
skills in reading, writing and mathematics and to establish a
solid foundation for learning. It usually begins between ages 5
and 7 and lasts for about six years.
Level 2: Lower secondary education. This level covers the first
stage of secondary education, building on primary education and
typically with a more subject-oriented curriculum. It usually
begins around age 11 or 12 and lasts for about three years. It
may have an academic or vocational orientation, or both.
Level 3: Upper secondary education. This level covers the
second or final stage of secondary education, preparing for
tertiary education and/or providing skills relevant to
employment. It usually begins around age 14 or 15 and lasts for
about three years. It may have an academic, vocational,
technical or general orientation, or a combination of these. It
may also include programmes that prepare students for direct
access to level 5 or 6.
Level 4: Post-secondary non-tertiary education. This level
covers programmes that provide learning experiences that build
on secondary education and prepare for labour market entry
and/or tertiary education. The content is broader than secondary
but not as complex as tertiary education. It usually lasts for six
months to two years. It may have a vocational, technical or
continuing education orientation, or a combination of these.
Level 5: Short-cycle tertiary education. This level covers short
first tertiary programmes that are typically practically-based,
occupationally-specific and prepare for labour market entry.
These programmes may also provide a pathway to other tertiary
programmes. They usually last for at least two semesters but less
than two academic years. They may have a professional or
academic orientation, or both.
Level 6: Bachelor's or equivalent level. This level covers
programmes that are designed to provide intermediate academic
and/or professional knowledge, skills and competencies leading
to a first tertiary degree or equivalent qualification. They usually
 last for three to four academic years (or more in some cases).
They may have a professional or academic orientation, or both.
Level 7: Master's or equivalent level. This level covers
programmes that are designed to provide advanced academic
and/or professional knowledge, skills and competencies leading
to a second tertiary degree or equivalent qualification. They
usually last for one to two academic years (or more in some
cases). They may have a professional or academic orientation, or
both.
Level 8: Doctoral or equivalent level. This level covers
programmes that are designed primarily to lead to an advanced
research qualification, usually concluding with the submission
and defence of a substantive dissertation of publishable quality
based on original research. They usually last for at least three
academic years (or more in some cases). They are devoted to
advanced study and original research.

The 2020 International Conference on Sustainable Development

(ICSD) chaired by Erlend Overby, ISO/IEC SC 36 for Learning,
Education and Training (ITLET), participated in the session on ICT
standards for the UN Sustainable Development Goals (SDGs). Overby
presented SC 36 standardization activities, which cover all aspects from
formal education within schools and higher education, to training
within industry and lifelong learning.
It is a subcommittee of the Joint Technical Committee ISO/IEC JTC 1
of the International Organization for Standardization (ISO) and the
International Electrotechnical Commission (IEC) that develops and
facilitates standards within the field of information technology (IT) for
learning, education and training (LET). ISO/IEC JTC 1/SC 36 was
established in 1999 and is currently chaired by Dr Jon Mason. It has
five working groups, three advisory groups and one ad-hoc group that
cover various aspects of ITLET standards.
SC 36 has identified four principal domains that require a number of
standards to better meet the needs of educational institutions. These
standards should specify how the different systems within these
domains share and exchange information within the domain, but
also across the domains. The four domains include:
1) School Administrative Systems (SAS) – systems used to manage
all educators, learners, their classes and subjects, as well as most
administrative information governing the educational institution.
2) Learning Management Systems (LMS) – systems used by
educators to manage the work of learners, tasks they are assigned and
submissions dates. The LMS also contains information about the
learning paths of the individual learner and the resources they should
access to meet the expected learning outcome.
3) Digital Learning Resources (DLR) – resources accessed by
learners to access the knowledge and insights required to acquire new
skills and competencies. DLRs are usually designed to meet knowledge
requirements as specified in different national curricula. They exist in
many variants (plain text files, complex VR models).
4) Pedagogical Learning Services (PLS) – services that guide and
support educational institutions to ensure that educators reach their
learning and educational goals. Some examples include learning
analytics and collaborative services which support learners.
ISO/IEC JTC 1/SC 36 is a subcommittee that develops and facilitates
standards for information technology for learning, education and
training (ITLET).12 Some of the goals of these standards are to support
individuals, groups, or organizations in their learning processes, and to
enable interoperability and reusability of resources and tools across
different ITLET systems.
Some of the ways that ISO/IEC JTC 1/SC 36 helps in availability and
accessibility of education to all are:
 • By standardizing learner information, such as roles, positions,
preferences, competencies, achievements, and portfolios, which
can be used to personalize learning experiences and support
learner mobility.

• By standardizing management and delivery of learning, education

and training, such as content packaging, metadata, sequencing,
assessment, collaboration, and accessibility.

• By standardizing culture, language and individual needs aspects

of ITLET, such as localization, internationalization, adaptation,
and accessibility for users with disabilities.
• By standardizing learning analytics interoperability, such as data
models, vocabularies, protocols, privacy, and ethics for collecting,
analysing, and using data to improve learning outcomes and
experiences.

• By standardizing online course information model, such as course

description, structure, objectives, outcomes, resources, and
assessment for online courses.

These standards aim to enhance the quality, efficiency, effectiveness,

and innovation of ITLET systems and practices.

International standards for education are important for ensuring the

quality, interoperability, and accessibility of information technology for
learning, education and training (ITLET). By following the standards
developed and facilitated by ISO/IEC JTC 1/SC 36, ITLET systems and
practices can benefit from the best practices, guidelines, and
specifications that reflect the needs and expectations of various
stakeholders in the ITLET domain. International standards for
education can also foster innovation, collaboration, and personalization
in ITLET, as well as support the achievement of the Sustainable
Development Goals related to education and lifelong learning.

In conclusion, the RTE Act 2009 and the NEP 2020 are complementary
to each other. The RTE Act provides for the right to free and
compulsory education for all children between the ages of 6 and 14
years, while the NEP aims to transform the Indian education system
into a 21st century learning ecosystem. The RTE Act focuses on access
to education, while the NEP focuses on quality education. The two
policies together can help to ensure that all children in India have
access to quality education, regardless of their background.
“Education is the great engine of personal development. It is through
education that the daughter of a patient can become a doctor, that the
son of a mine worker can become the head of the mine, that a child of
farm workers can become the president of a great nation”
- Nelson Mandela

BY
SIDDHI G LIKHMANI
II BALLB
ILS LAW COLLEGE, PUNE