'RTE does not allow home schooling'

In an important reversal of stand, the Centre has admitted that the Right to Education Act doesn't allow home schooling.

Admitting that the earlier stand was incorrect, the Centre last week urged Delhi high court to permit it to file a fresh affidavit clarifying its stand in respect of home schooling vis-a-vis the RTE Act.

The U-turn by the Centre came on a petition filed by a student who argued that individuals had the right to choose their mode of education. The petition, filed by one Shreya Sahai through her mother, contended that RTE does not cater to gifted or talented children who leave the schooling system, or those in alternative schools and this anomaly must be addressed.

In response, the Centre had claimed by way of an affidavit submitted in July this year that RTE equates schooling with education and said those who opt for home-schooling are free to do so. The RTE Act, which came into effect on April 1, 2010, makes it mandatory for every child (from six to 14 years old) to be enrolled in a formal school.

Intervening in the adjudication of the petition, Social Jurist advocate Ashok Agarwal had strongly objected to the Centre's stand and argued that the demand on the part of Sahai for home-schooling/alternative forms of schooling and the stand taken by the Centre in support of such a demand is based on a completely casual and erroneous interpretation of the letter, spirit and intent of the RTE Act. Aggarwal contended this might lead to dismantling and weakening of the RTE Act.

In the latest hearing, the court gave time to the Centre to file a new affidavit. Earlier, the Centre had also said that National Institute of Open Schooling (NIOS) for children in the age group of 6-14 years will only be allowed to run up to 2015. "Parents who voluntarily opt for alternative forms of schooling may continue to do so. The RTE Act does not come in the way of such alternate schooling methodologies or declare such form of education illegal," it had stated