Delhi-NCR Elite Schools Land in Hot Water For Illegally Holding Students In Classes 6 and 7 Despite RTE Act SafeguardsDelhi-NCR Elite Schools Land in Hot Water For Illegally Holding Students In Classes 6 and 7 Despite RTE Act Safeguards

The row over student detention in Delhi-NCR schools has gained momentum as education activists and concerned citizens step forward with charges that several high-profile educational institutions are breaching the Right to Education (RTE) Act of 2009. Reports said that these schools were allegedly detaining students of Classes 6 and 7, even though well-defined legal provisions allow detention only at certain grade levels.

The matter has picked up momentum after the Department of School Education and Literacy of the Ministry of Education issued a notification with changed rules for 'Examination and Holding Back in Certain Cases' in December 2024. The rules were introduced as amendments were made to the RTE Act in 2019, which altered the earlier "no detention policy" that existed for children up to Class 8.

Understanding the Legal Framework of Student Detention

Advocate and education activist Ashok Aggarwal explained the current legal position to PTI: "The amended rules allow schools to detain students in Classes 5 and 8 only, that too after giving them additional opportunity for re-examination within two months from the date of declaration of results." He further clarified that before the 2019 amendment, there was a complete no-detention policy for students up to Class 8, but the revised Act now permits detention specifically at the 5th and 8th grade levels.

Section 16A of the RTE Act clearly states that periodical examinations shall be held in Classes 5 and 8 at the conclusion of each academic year. In case a child does not achieve the promotion requirement, he or she shall be provided with another chance for re-examination within two months of the date of declaration of results. Only when a child is unable to pass this re-examination can they be retained in Class 5 or 8, as the case may be.

Parents' Experiences and Concerns

Some parents have emerged with disturbing stories of how the schools are managing student advancement. Many have been reported to have been issued ultimatums by school officials – either accept a school leaving certificate or have their child repeat Classes 6 or 7, even though such an action is specifically outlawed by law.

One parent from Gurgaon, speaking anonymously, shared: "My son is in Class 6 and we have been told that if he does not clear the re-exam scheduled in May, he will not be promoted to the next class. But norms say that students cannot be detained in classes other than 5 and 8. My son couldn't score well due to bad health this year."

This experience seems to be common to several families throughout the National Capital Region, with many being coerced by schools that ought to be observing, not evading, education laws.

Expert Opinions and Recommendations

Education experts have raised concern over these purported violations. Prof. Anita Rampal, who was once affiliated with the Faculty of Education at Delhi University, termed the scenario as a "blatant disregard for the Act by public schools." She suggested that concerned parents should "file complaints in the nearest district or session courts," adding that "schools must understand that the Act gives certain constitutional rights to children."

Ashok Ganguly, the ex-chairman, Central Board of Secondary Education (CBSE), also shed some light, pointing out that "neither the Right to Education Act nor the National Education Policy and the National Curriculum Framework permit any school to detain a student in Classes 6 and 7." He went on to indicate even detention in Classes 5 and 8 is questionable at this point given that there were no proper procedures set in motion by the state governments and education boards.

Impact of Detention on Students

The educational implication of detention for young children cannot be underestimated. As per reports from the Department of School Education and Literacy, forcing a child to reappear in the same class can be extremely de-motivating and damaging to their learning experience.

The department guidance adds: "Repeating a class does not provide the child with any extra facilities to cope with the same syllabus demands for another year. Parents and friends of such children also tend to think about such children as being 'fit for failure', thus reinforcing the school's attitude while labeling a child 'fail'."

This is in keeping with contemporary educational philosophy that deals with ongoing and continuous evaluation processes that are non-threatening and free from fear and trauma of failure.

How to Check Your Child's Rights Under RTE Act

If you think your child's school might be contravening provisions of the RTE Act on detention policies, there are things you can do:

Educate yourself on the particular provisions of the RTE Act, specifically Section 16A on detention policies

Ask written records from the school regarding their promotion policies and retention decisions

Reach out to your state Education Department or RTE cell to register complaints of suspected violations

Feel free to seek the help of education activists or legal aid organizations that specialize in education law

Register a complaint with the District Education Officer in case of ongoing violations

As a last measure, seek legal recourse through session or district courts

For comprehensive details regarding the Right of Children to Free and Compulsory Education Act and its provisions, parents can check the official Ministry of Education website at education.gov.in or approach their state's specific RTE implementation cell.

Current Implementation Status:

After the 2019 amendment of the Right to Education Act, at least 18 states and Union Territories formally shifted away from the absolute "no-detention policy" for Classes 5 and 8. These are Assam, Bihar, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Meghalaya, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand, West Bengal, Delhi, Dadra and Nagar Haveli, and Jammu and Kashmir.

Ministry of Education authorities, when asked why there is a five-year lag from the time of the 2019 amendment to the December 2024 notification, said that the rollout of the new National Education Policy soon after the amendment resulted in the delay.