HomeRTE Act GuideDefinitionsGuardian
Section 2(g) of the RTE Act

Guardian

A "guardian" is any person who is taking care of and has custody of the child — not just the legal guardian appointed by a court, but anyone who is actually responsible for the child.

Legal Text

"guardian" in relation to a child means a person having the care and custody of that child.

Plain Language

A "guardian" is any person who is taking care of and has custody of the child — not just the legal guardian appointed by a court, but anyone who is actually responsible for the child.

Why This Matters

This broad definition means grandparents, older siblings, uncles, aunts, or anyone else actually caring for a child can exercise the child's RTE rights — including filing complaints, being on the SMC, and demanding admission.

Examples
  • A grandmother caring for a child (parents are migrant workers): guardian
  • An older sibling who is the child's primary caretaker: guardian
  • An NGO-run hostel caretaker: potentially a guardian
Read in Context
Jump to Section 2(g) in Full Act
See also

Related Terms

Section 2(c)
Child

For the purposes of this Act, "child" means any boy or girl aged 6 to 14 years.

Read definition →
Section 2(p)
Parent

"Parent" means either the father or the mother of the child.

Read definition →

This guide is published by Mahadev Maitri Foundation — free, independent education resource. We help families in rural India understand and enforce their rights under the RTE Act.

Support our work →

⚠️ Content on this page is provided on a best-effort basis for general information only. Laws and rules change — please verify details on official government websites (dsel.education.gov.in and your state's education portal) before taking action. Mahadev Maitri Foundation is not responsible for decisions made based on this content.