Section 4 of the Right to Education Act

Section 4 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) specifically addresses the entitlement of children who are above six years of age but have not been admitted to any school or could not complete their elementary education. This provision ensures inclusivity and equity, allowing older children who missed early schooling opportunities to be brought into the formal education system with appropriate support.

Text of Section 4

“Where a child above six years of age has not been admitted in any school or, though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age:Provided that where a child is directly admitted in a class appropriate to his or her age, he or she shall have a right to receive special training, as may be prescribed, to enable him or her to be at par with others.”

This section ensures that no child is left out of education merely because of age or previous non-enrolment.

Explanation and Key Provisions

1. Inclusion of Over-Age Children:
   • The section applies to children above six years of age who either never attended school or dropped out before completing elementary education (Classes I–VIII).
   • It guarantees their right to enrolment in an age-appropriate class rather than starting from the beginning.
2. Age-Appropriate Admission:
   • The child must be placed in a class that corresponds to his or her chronological age, not learning level.
   • This avoids social stigma and allows children to learn alongside peers of the same age group.
3. Provision for Special Training:
   • Recognising that such children may lack the foundational skills required for the class they enter, Section 4 provides for “special training”.
   • Special training helps the child bridge learning gaps and reach the academic level of the class in which they are admitted.
   • Training can be conducted through bridge courses, remedial classes, residential camps, or flexible non-formal education centres.
4. Responsibility of the State and Local Authorities:
   • It is the duty of the appropriate government and local authorities to identify out-of-school children and ensure their enrolment and training.
   • This reflects the state’s obligation to make education free, inclusive, and equitable under Articles 21-A and 45 of the Constitution of India.

Implementation Mechanism

Section 4 is implemented through various frameworks developed by the Ministry of Education (formerly MHRD) and state education departments.

• Special Training Modules: Designed for different age groups and learning levels to help integrate children into mainstream classes.
• Bridge Schools and Residential Camps: Temporary centres established to prepare older children for formal schooling.
• Non-Residential Support Classes: Conducted within schools for children admitted directly to age-appropriate grades.
• Monitoring and Follow-Up: School Management Committees (SMCs) and local bodies ensure retention and progression of such children.

Importance and Objectives

The inclusion of Section 4 serves several educational and social objectives:

• Universalisation of Elementary Education: Helps achieve the goal of education for all children aged 6–14 years.
• Reduction in Dropout Rates: Facilitates re-entry for children who left school early due to socio-economic constraints.
• Social Integration: Promotes inclusion by integrating marginalised and disadvantaged children into regular schooling.
• Equity and Empowerment: Supports children from backward, tribal, migrant, and economically weaker sections to continue education.

Challenges in Implementation

While Section 4 is progressive, its practical enforcement faces several challenges:

• Identification Gaps: Many out-of-school children, particularly in remote or marginalised communities, remain untraced.
• Quality of Special Training: Limited trained teachers and inadequate resources often hinder effective learning support.
• Infrastructure Limitations: Schools may lack space or facilities to accommodate additional learners.
• Socio-Economic Barriers: Poverty, child labour, early marriage, and migration continue to disrupt education continuity.

Government and NGO Initiatives

To operationalise Section 4, both central and state governments, along with non-governmental organisations, have introduced several initiatives:

• National Child Labour Project (NCLP) Schools: Provide education and vocational training to children withdrawn from labour.
• Samagra Shiksha Abhiyan: Integrates interventions for mainstreaming out-of-school children, including special training.
• Community Mobilisation Campaigns: Encourage parents to enrol children who missed schooling.
• Residential Bridge Camps: Run by NGOs and state education departments to prepare children for re-entry into mainstream schools.

Legal and Constitutional Perspective

Section 4 reinforces the constitutional right to education under Article 21-A, which mandates free and compulsory education for all children between 6 and 14 years of age. It operationalises this right for children who, due to poverty, displacement, or social barriers, could not enrol at the prescribed age.
It also aligns with the Directive Principles of State Policy (Article 45) and the UN Convention on the Rights of the Child (1989), ensuring equal educational opportunity for every child irrespective of circumstance.