Right to education: free school for every child aged 6 to 14

For children aged 6 to 14, education in India is not a favour that a government may grant. It is a Fundamental Right. This guide tells parents, guardians, teachers and neighbours what the law promises and what to do when a school breaks it.

What the law says

Art 21A, added by the 86th Amendment, 2002, says the State shall provide free and compulsory education to all children aged six to fourteen in the manner the State may by law decide. That law is the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), in force since 1 April 2010.

Under Sec 3, RTE Act, every child aged 6 to 14 has the right to free and compulsory education in a neighbourhood school until Class 8. "Free" means no fee, charge or expense that could stop the child from finishing. "Compulsory" places the duty on the government, not the child, to make sure every child is admitted, attends and finishes.

Under the central RTE Rules, 2010 (most states have similar rules), a "neighbourhood" school must be within 1 km walking distance for Classes 1 to 5 and 3 km for Classes 6 to 8.

What schools cannot do

• No capitation fee and no screening (Sec 13). No donation for admission, and no test or interview of the child or parents. A capitation fee can be fined up to ten times the amount; screening up to Rs 25,000 for the first offence and Rs 50,000 for each later one.
• No denial for lack of age proof (Sec 14). If there is no birth certificate, the RTE Rules allow a hospital or ANM register record, an anganwadi record, or simply a declaration of age by the parent.
• No refusal of late admission (Sec 15). A child can be admitted after the usual admission period.
• No expulsion before elementary education is complete (Sec 16).
• No physical punishment or mental harassment (Sec 17). A teacher who does this faces disciplinary action under the service rules.

A child who never went to school, or dropped out, must be admitted to an age-appropriate class with special training to catch up (Sec 4).

Exams and holding back

The Act originally barred holding back any child. A 2019 amendment to Sec 16 allows regular exams in Class 5 and Class 8. A child who fails must get extra teaching and a re-examination within two months; only if the child fails again may the appropriate government allow the school to hold the child back.

In December 2024 the central government amended its rules so that the schools it runs, such as Kendriya Vidyalayas, may do this. Several states have followed; others continue the no-detention policy. Ask the school for the rule in your state.

The 25% quota in private schools

Under Sec 12(1)(c), every private unaided school must reserve at least 25 percent of seats in the entry class (nursery or Class 1, depending on the school) for children from weaker sections and disadvantaged groups in the neighbourhood, and educate them free until Class 8. The government reimburses the school. The Supreme Court upheld this in Society for Unaided Private Schools of Rajasthan v. Union of India (2012). In Pramati Educational and Cultural Trust (2014) it held that the Act does not apply to minority schools; in 2025 a two-judge bench doubted this and referred it to a larger bench, so as of October 2026 the 2014 ruling still applies.

Who counts as "weaker" or "disadvantaged" (usually an income limit, SC/ST, OBC, orphans, children with disabilities) is set by each state. Most states run one online application window and a lottery each year, typically between January and April. Missing the window usually means waiting a year.

Step by step: if a school refuses or mistreats a child

1. Ask for the refusal in writing. Most illegal refusals are oral. Ask the head teacher for the reason on paper, or send a short letter yourself and keep a copy.
2. Raise it with the School Management Committee (Sec 21). Every government and aided school must have one, with three-fourths of members being parents.
3. Complain to the local authority (Sec 32): the Block Education Officer or municipal education officer, in writing. It must hear both sides and decide within three months. Attach the refusal, the child's age proof and your address proof.
4. Appeal to the State Commission for Protection of Child Rights (Secs 31–32) if the local authority does not act. The National Commission (ncpcr.gov.in) also accepts complaints.
5. Use the helplines. Call 1098 if a child is out of school and working, or has been beaten. Lodge a grievance on pgportal.gov.in for a record.
6. Take free legal aid. Call 15100 or visit the District Legal Services Authority. If the authorities still do not act, a legal aid lawyer can file a writ petition in the High Court under Art 226 to enforce Art 21A.