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Law

The Right of Children to Free and Compulsory Education Act, 2009

Ministry of Education, Department of School Education and Literacy

Published 25 August 2026

In short

The RTE Act 2009, effective 1 April 2010, guarantees every child aged 6 to 14 the right to free and compulsory elementary education in a neighbourhood school. Private unaided schools must reserve at least 25% entry level seats for disadvantaged and weaker section children, reimbursed by the State. Screening tests and capitation fees are banned.

Key facts

Year
2009
Act number
Act No. 35 of 2009
Administered by
Ministry of Education, Department of School Education and Literacy
In force from
1 April 2010

The Right of Children to Free and Compulsory Education Act gives effect to Article 21A of the Constitution, which made elementary education a fundamental right. It came into force on 1 April 2010 and makes it the legal duty of the State to ensure that every child between six and fourteen completes eight years of schooling in a neighbourhood school without paying fees or any charge that would prevent them from finishing.

For parents, the provision with the widest reach is Section 12(1)(c). Private unaided schools must keep at least a quarter of their entry level seats for children from disadvantaged groups and economically weaker sections, and the State reimburses the school at its per child expenditure or the actual fee, whichever is lower. Admissions in that quota are made by lottery rather than by testing.

Section 13 bans screening tests and capitation fees at admission, which had become routine, and attaches real fines. Section 16 originally created a no detention policy up to class eight; the 2019 amendment softened this so that states may hold a regular examination in classes five and eight and detain a child only after a re examination. Section 17 prohibits corporal punishment and mental harassment.

The Act also sets minimum standards through its Schedule, covering pupil teacher ratios, school working days, teaching hours, classrooms, drinking water, toilets and a playground, and it requires every school to have a School Management Committee with a majority of parents. Unrecognised schools operating in breach face significant daily penalties.

Key penalties

  • Section 3 gives every child aged six to fourteen the right to free and compulsory education in a neighbourhood school until completion of elementary education
  • Section 12(1)(c) requires private unaided schools to reserve at least twenty five percent of entry level seats for children from disadvantaged groups and weaker sections, reimbursed by the State
  • Section 13 bars screening procedures and capitation fees, with a fine up to ten times the capitation fee collected and up to Rs 25,000 for a first screening violation and Rs 50,000 for each later one
  • Section 16 originally barred holding any child back or expelling them until class eight, relaxed by the 2019 amendment to allow regular examinations in classes five and eight with a re examination before detention
  • Section 17 prohibits physical punishment and mental harassment of a child
  • Section 18 and Section 19 bar running a school without recognition or below prescribed norms, with a fine up to Rs 1 lakh and Rs 10,000 per day for continuing contravention

Frequently asked questions

Who is eligible under the RTE Act 2009?

Every child aged 6 to 14 is eligible for free and compulsory elementary education under the RTE Act 2009. Children from disadvantaged groups and economically weaker sections get priority admission through lottery in 25% reserved seats in private unaided schools.

Can a child be detained or expelled under RTE Act?

No detention or expulsion is allowed until class eight. After the 2019 amendment, states may conduct regular examinations in classes five and eight and detain a child only after a re-examination and failure.

Can private schools charge capitation fees or conduct screening?

No. Section 13 of the RTE Act strictly bans screening procedures and capitation fees. Schools violating this face fines up to Rs 25,000 for first offence and Rs 50,000 for each subsequent violation.

What is the 25% seat reservation in private schools?

Private unaided schools must reserve at least 25% of entry level seats for children from disadvantaged groups and weaker sections. The State reimburses schools at per child expenditure or actual fee, whichever is lower. Admissions are made by lottery.

Is physical punishment allowed in schools under RTE?

No. Section 17 of the RTE Act prohibits all forms of physical punishment and mental harassment of children in schools.

When did the RTE Act come into force?

The Right of Children to Free and Compulsory Education Act came into force on 1 April 2010. It was enacted in 2009 as Act No. 35 of 2009 under the Ministry of Education.

Before you apply: confirm every date, fee and eligibility rule on the official website linked on this page. Public and Policy is an independent portal, not a government body, and details change without notice.