Understanding Laws Chapter Notes | Civics Class 8 ICSE PDF Download

Introduction

• Laws govern various aspects of life, such as marriage age, voting age, and property transactions.
• The Parliament has the authority to create laws, but public demands can influence law-making.
• People, media, and organizations play a key role in highlighting issues that need laws.
• Citizens may protest or use media to push for laws when the government overlooks their needs.

Extract: RTE and Its Effectiveness

• A survey by Child Rights and You (CRY) two years after RTE’s implementation (2009) showed challenges in providing free and compulsory education.
• Many states failed to set up required monitoring mechanisms.
• There were significant violations of RTE provisions.
• There is a need to strengthen education delivery at the grassroots level.
• Greater community awareness is needed to implement RTE provisions effectively.

Transforming Need into Law

• The Parliament is the highest law-making authority, creating laws for state, defense, and revenue.
• Laws are enforced by the government’s executive branches.
• Public opinion is considered before proposing new laws.
• Members of Parliament (MPs) raise public issues in debates, discussions, and voting to create laws.
• Citizens use protests, media, and NGOs to highlight unmet needs or issues.
• Media (TV, newspapers, radio, magazines) and local meetings help voice public concerns.
• NGOs and social organizations support people in expressing their demands.
• An example is the law for universal elementary education, which became the Right to Education Act after years of public demand.

Right to Education Act (RTE)

• The RTE Act, or Right of Children to Free and Compulsory Education Act, was made a fundamental right under Article 21A by the 86th Amendment in December 2002.
• It was revised and became an Act on August 4, 2009, effective from April 1, 2010.
• It makes it a legal duty for the Central and State governments to provide free and compulsory elementary education.

Main Provisions of RTE

• Every child aged 6-14 years has the right to free and compulsory education in a nearby school until completing elementary education.
• No child should pay fees or charges that prevent them from completing elementary education.
• Children above 6 years who have not been admitted or could not complete elementary education must be placed in an age-appropriate class.
• Teachers must be properly trained and qualified.
• Prohibits physical punishment, mental harassment, admission screening, capitation fees, private tuition by teachers, and running unrecognized schools.
• Private schools must reserve 25% of seats for weaker sections and economically disadvantaged groups.
• All schools (except government schools) must meet specific norms and standards within three years, or their recognition may be canceled.
• Maintains a pupil-teacher ratio of 30:1.
• Focuses on improving the quality of education.
• Financial responsibilities are shared between Central and State governments.

Violation of RTE

• The RTE is part of the Directive Principles of State Policy under Article 45.
• Violations of the RTE Act can lead to legal action against the responsible party.
• The National Commission for the Protection of Child Rights oversees RTE rights.
• States must set up a State Commission for Protection of Child Rights (SCPCR) or Right to Education Protection Authority (REPA).
• SCPCR and REPA handle complaints about violations of the right to free and compulsory education.
• Individuals can file written complaints to local authorities, with appeals handled by SCPCR or REPA.

Implications of the Law

• The RTE Act ensures every child gets quality elementary education.
• The State, along with families and communities, must work together to meet this goal.
• The Sarva Shiksha Abhiyan (SSA) is a major government program to achieve universal elementary education.

Right to Information Act (RTI)

• The RTI Act, enacted in 2005, was driven by public demand.
• It provides a legal framework for citizens to access information held by public authorities.
• It promotes transparency and accountability in government functioning.
• Citizens can access government records, documents, memos, opinions, press releases, circulars, orders, log-books, contracts, reports, papers, samples, and models.

Advantages of RTI

• Encourages openness, transparency, and accountability in public authorities.
• Reduces corruption in government operations.
• Prevents arbitrary use of power by authorities.
• Involves citizens in the decision-making process.
• Strengthens the foundation of democracy.