Cabinet scraps no-detention clause. Has the 'essence of the RTE act been killed'?

The Cabinet on 3 August decided to scrap the no-detention clause in the Right of Children for Free and Compulsory Education Act or Right to Education (RTE) Act. This means that state government schools will now be allowed to detain students in classes VI, VII and VIII.

The revoking of the no-detention policy has raised many concerns among educationists in the country who feel that the move will have an adverse effect on improving equitable learning in the school education system.

Section 16 of the RTE currently states that no child in school shall be held back in any class or expelled until he or she completes their elementary education which is till Class VIII. This was one of the key components of RTE Act which came into effect in April, 2010.

The Cabinet has now approved the HRD Ministry’s proposal to amend the law to provide state governments the freedom to draft appropriate rules under the Act for detaining a student in Class VI, VII or VIII.

RTE national convener Ambarish Rai told Catch, “This is an unfortunate move. The government does not understand the concept of no-detention - it was linked with continuous comprehensive evaluation of a child. The RTE has a no-detention component because the point was not to judge a student with just one examination, but through a continuous evaluation through the academic year. The beneficiaries of free and compulsory education are children from a poorer background, no-detention helps in students learning without stress or fear.”

He added, “It is not a student who fails, what fails is the teaching and the schools. There is no evidence in the world that proves that detaining a student ensures better quality. The quality of a student will only improve when teaching improves and when there is permanent support system in schools."

"The RTE Act had ensured uninterrupted education for students till Class VIII. They have killed the essence of the Act with this move. Instead of improving the quality of teaching, ensuring qualified teachers in schools, proper infrastructure etc, you are punishing the child. The government has done nothing about the proper implementation of RTE but is more interested in amending the Act. Even now, 10% of state schools in the country are single-teacher schools. Detaining a young student will also have irreversible effect on a child’s self-esteem. One must understand that the majority of students who fail are from the marginalised, poorer sections of the society. For these communities, a child going to school till Class VIII is a big deal. If you detain these students, the motivation to study further is also killed,” he continued.

A calculated move

Educationist and RTE activist Annie Namla believes that the move is a calculated one to keep certain marginalised communities out.

Calling it an unfortunate development, she says: "First, detention does not help any child and that has been proved through various studies and experiences. Secondly, without providing the student with the necessary environment, teachers, textbooks etc, on what basis are you detaining a student? The system is ridden with failures on the administration, infrastructure and teaching front, how can just the student be punished for it? Thirdly, if you look at the students who are failing, it is the students who are usually discriminated against, the slum children, the Dalit children, the tribal children, labourers’ children. The middle class children and children from dominant communities aren’t the ones that usually fail. Detaining these students will ensure that they do not get the opportunity to get out of their circumstances.”

However, the Cabinet amendment states that no child will be held back in a class unless they have been given a second chance to clear the exam after failing once. In between the first and second attempt, the student will also be given extra coaching.

In August 2016, the Central Advisory Board for Education, CABE, the highest body advising the Centre and states on education, passed a resolution calling for scrapping the no-detention policy on the ground that students were no longer academically serious.

Although Parliament has already passed an RTE amendment Bill this session to extend the deadline for teachers to acquire the prescribed minimum qualifications for appointment by four years, the HRD Ministry will introduce another amendment Bill next session to change Section 16 of the Act.

The Bill will now be placed in the Parliament for approval.