Right to Education Act at 15: Why the landmark law needs to be reimagined

As the landmark Right to Education marks 15 years, India’s education system faces a critical challenge. The Annual Status of Education Report 2024 released in January shows the immense strides that the country has made as well as the shortcomings that must be addressed: near-universal enrolment, with 98.4% of children between the ages of six-14 in schools, is an achievement but the quality of learning is poor.

Only a third of Class 3 students can perform basic subtraction while less than half of Class 5 students can do Class 2-level reading, according to the report.

These statistics demand an examination not just of the implementation of the Right to Education to expand schooling access but how the quality of learning is supported once children are admitted to schools.

Nobel laureate Amartya Sen’s capability approach is instructive here: he argues that the utility of a bicycle depends not merely on its existence but on one’s ability to ride it. Similarly, the true value of education lies not just in children’s access to schools but in their capability to learn and grow. India has succeeded in getting children into classrooms but falls short in empowering effective learning among students.

The Right to Education Act, among other actors, is equally to blame.

Consider the act’s approach to infrastructure. The norms and standards of the law provide for a library in every school but with no system of accountability for the maintenance of the same norms and standards. A dusty shelf of outdated textbooks might satisfy compliance checklists but fails to ignite curiosity or foster learning. This gap between formal compliance and functional utility exists across various mandates of the Right to Education Act.

Similarly, there is a provision to reserve 25% seats in private schools for children from economically weaker sections and marginalised groups but, again, the act fails to ensure the responsibility of the state and schools to help these students keep pace with their education once they are admitted to private unaided schools.

Another major gap is that children admitted under the guarantee of “free education” in private schools till Class 8 have to either pay fees to continue their studies till Class 12 or move to a government-funded school.

Similarly, amendments in 2019 and 2024 rolled back the act’s no-detention policy, which otherwise meant students could not be held back until Class 8. Following these changes, 16 states and two union territories as well as central government-administered schools have reinstated detention policies. This is a departure from the “child-centric” approach of the Right to Education Act that instills a fear of failure among students at an early stage of their lives.

The next phase of the Right to Education Act must pivot from minimum standards to meaningful outcomes. This means reimagining quality beyond a checklist. The path forward requires three fundamental shifts.

First, the scope of act must be expanded to include quality metrics that enable a child to enjoy learning. This means measuring critical thinking, creativity and the practical application of knowledge. Second, implementation must focus on the true intent rather than just the letter of the law: ensuring that “free education” means education free from all financial barriers, including hidden costs such as textbooks and uniforms that often force children to drop out.

Third, the intention of the law must account for extending free education in private schools from Class 8 to Class 12, ensuring equality for all children irrespective of their fee-paying status. Fourth, the law must revive its commitment to provide for a conducive learning environment, removing all physical and psychological barriers – such as the fear of failure at an early age. Finally, there has to be a participatory approach by schools, teachers, parents, community and the state at large, in bringing alive the spirit of the right to education.

This reimagining demands an approach that encompasses early childhood education, skill development and socio-emotional learning. Digital literacy must not be an add-on but a core component of modern education. Most importantly, this calls for a system that values children’s best interests in letter and spirit – where maintaining an engaging library space is as crucial as having one and where teacher training is ongoing rather than occasional.

The foundations have been laid: 98.4% enrolment is no small achievement. But foundations are meant to be built upon, not merely preserved. Every empty library shelf, every outdated curriculum and every child forced to drop out despite “free education” represents not just a failure of legal implementation but a dimmed future.

The next decade of the Right to Education Act must focus on brightening these paths ahead. The true measure of India’s education system lies not in the buildings that are constructed, but in the dreams that are enabled, the potential that is unlocked and the capabilities that are nurtured. Only then will there be a transition from merely guaranteeing access to truly delivering excellence – from building schools to building the futures children deserve and the country needs.

Debargha Roy is Research Fellow at Vidhi Centre for Legal Policy and Managing Trustee at Project Saathi. Views are personal.