Central Government of India · Act No. 35 of 2009

Right to Education Act

India's landmark law guaranteeing free, compulsory elementary education to every child aged 6–14. Plain-language guide to all 39 sections, your rights, and how to act on them.

Read the Full Act →Definitions Glossary

Sections

Across 7 chapters

6–14

Age Group

Years covered

2010

In Force

Since April 1

Definitions

Legal terms explained

In force since April 1, 2010 · Constitutional basis: Article 21A · Covers Classes I–VIII · Ministry of Education, Govt. of India

Everything in One Place

Every section, every definition, every right — explained in plain language for parents, teachers, and anyone who cares about children's education.

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Full Annotated Act

All 39 sections with plain-language explanations alongside the legal text

39 sections

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Rights by Stakeholder

Guides for parents, children, teachers, school admins, and officials

Complete guide to Section 12(1)(c) — who qualifies, how to apply, what schools must do, and what to do when refused

13 RTE violations named, defined with exact penalties, complaint templates and escalation paths

21 legal terms from Section 2 — explained in plain language with real examples

21 terms

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Chapter I: Preliminary

Short title, extent, commencement and definitions

Sections 1–2

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Chapter II: The Right

Free education, neighbourhood school, over-age children, transfer rights

Sections 3–5

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Chapter III: Govt & Parent Duties

What Central Govt, State, local authorities and parents must do

Sections 6–11

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Chapter IV: Schools & Teachers

25% quota, banned fees, admission rules, teacher duties, SMC, norms

Sections 12–28

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Chapter V: Curriculum

Child-centred learning, no Board exam policy, completion certificate

Sections 29–30

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Chapter VI: Protection & Complaints

How to file a complaint, which bodies monitor rights, advisory councils

Sections 31–34

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The Law

What is the RTE Act?

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A Constitutional Right

The RTE Act gives effect to Article 21A of the Constitution, which makes free and compulsory education a Fundamental Right for every child aged 6–14. This means it is enforceable in court — a child denied education can seek legal remedy.

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Who It Protects

Every child in India aged 6 to 14 years. Special provisions extend rights to over-age and out-of-school children (Section 4), children with disabilities, children from SC/ST/OBC communities, and children from economically weaker families.

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What It Prohibits

Capitation fees and donations (Section 13), screening/interviews for admission (Section 13), detention or expulsion (Section 16), corporal punishment (Section 17), private tuition by teachers (Section 28), operating a school without recognition (Section 18).

Structure

7 Chapters, 39 Sections

Navigate the Act by chapter — each covering a different aspect of the right to education.

Preliminary

Establishes the name, scope, commencement date, and 21 key definitions used throughout the Act.

Sections 1–2Read chapter →

Right to Free and Compulsory Education

The heart of the Act — every child aged 6–14 has the fundamental right to free education in a neighbourhood school. Covers over-age children and transfer rights.

Sections 3–5Read chapter →

III

Duties of Appropriate Government, Local Authority and Parents

What the Central Government, State Governments, local authorities, and parents must do to ensure every child gets an education.

Sections 6–11Read chapter →

Responsibilities of Schools and Teachers

The most detailed chapter — covers 25% quota, banned capitation fees, admission rights, no-detention policy, school recognition, teacher qualifications, SMC, and more.

Sections 12–28Read chapter →

Curriculum and Completion of Elementary Education

How curriculum must be designed — child-centred, fear-free, mother-tongue based — and that no Board exam is mandatory until elementary completion.

Sections 29–30Read chapter →

Protection of Right to Free and Compulsory Education

How children and parents can complain, which bodies monitor implementation, and the advisory councils at national and state level.

Sections 31–34Read chapter →

VII

Miscellaneous

Guidelines hierarchy, prosecution requirements, good faith protection, rule-making powers, and difficulty removal provisions.

Sections 35–39Read chapter →

Common Questions

Frequently Asked Questions

Plain-language answers to the most common questions about children's rights under the RTE Act.

My child is 8 years old and has never been to school. Can she be admitted to Class 1?

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No — under Section 4, she must be admitted to an age-appropriate class (likely Class 3 or 4, depending on her age and your state's rules). No school can force an older child to start from Class 1. She will also be entitled to special catch-up training to help her keep pace with classmates.

The school is asking for a ₹50,000 "donation" for Class 1 admission. Is this legal?

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No. Under Section 13 read with Section 2(b), any payment beyond the officially notified school fee is a "capitation fee" and is completely banned. The fine for the school is up to 10 times the amount charged. You can file a complaint under Section 32 with your local authority.

My child's school conducted an interview and rejected her for Class 1. What can I do?

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The school has violated Section 13, which bans all screening procedures for elementary school admission. File a written complaint with your local authority (panchayat/municipality) under Section 32. The school faces a fine of ₹25,000 for the first offence, ₹50,000 for repeat offences.

My child failed Class 3. The school wants to hold him back. Is this allowed?

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No. Section 16 prohibits detention (holding a child back in the same class) at any stage of elementary education (Classes I–VIII). Your child must be promoted. The 2019 amendment allows re-examination in Classes V and VIII only, with supplementary instruction — but routine detention in other classes remains prohibited.

A teacher is hitting students. What action can be taken?

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Section 17 absolutely bans physical punishment and mental harassment. The teacher is liable to disciplinary action under their service rules. You can complain to the Head Teacher, to the School Management Committee, to the local authority, or to the State Commission for Protection of Child Rights (SCPCR).

More questions answered in the full guide →

About This Resource

Helping Children Access Their Rights

This guide is published by Mahadev Maitri Foundation — a registered NGO working to improve educational access for underprivileged children in rural India. Our content is free, independent, and accurate.

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