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Sarvasikshya Aviyan

  • Date Submitted: 04/16/2012 10:38 PM
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The Right of Children to Free and Compulsory Education Act 2009 & The Right of Children to Free and Compulsory Education Kerala Rules 2010
FREQUENTLY ASKED QUESTIONS
1. What is the Right of Children to Free and Compulsory Education

(RCFCE) Act, 2009? The Right of Children to Free and Compulsory Education Act, 2009 is a legislation passed by the Indian Parliament that has come into effect from 1st April, 2010. It is based on the 86th amendment in the Constitution through which an Article 21 (A) was inserted after Article 21 of the Constitution. Article 21 (A) states that “The State shall provide free and compulsory education to all children of the age group of six to fourteen years in such manner as the State may, by law, determine”. The RCFCE Act, 2009 is that law. It ensures all children of India, in the age group of 6 to 14 years, a fundamental right to free and compulsory elementary education. As per the Article 254 of the Constitution, all the existing State Acts on Education have been superseded by the Right of Children to Free and Compulsory Education Act, 2009. Amendments to the RCFCE Act, 2009 would require presidential assent. 2. When has the Act come into effect and how will it be implemented The Act has come into effect from 1st of April, 2010 across India except in the state of Jammu & Kashmir. The Rules for implementing the provision of the Act in Kerala have been formulated.
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in the State?

These Rules are known as The Right of Children to Free and Compulsory Education Kerala Rules 2010. 3. How is child defined in the Act? The term ‘child’ in the Act means a child in the age group of 6-14 years. (The original Article 45 and the Unnikrishnan verdict by the Supreme Court had included the age group of 0-6 years in the definition of a child. However, the present RCFCE Act has confined, the definition of the child to the age group of 6-14 years as mentioned in the Article 21-A.) 4. What is the appropriate government mentioned in the Act?...

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