अनुत्तीर्ण न करने की नीति और प्रतिबंध
No Detention and Prohibitions
The RTE Act bans several practices that used to push children out of school: holding a child back, expelling a child, physical punishment, capitation fees and screening at admission. Section 16 originally barred detention up to Class 8, and the 2019 amendment modified this for Classes 5 and 8.
The no-detention provision and its amendment
Section 16 as enacted said that no child shall be held back in any class or expelled from school till the completion of elementary education. The RTE (Amendment) Act, 2019 allows a state to hold a child back in Class 5 or Class 8 after a regular examination at the end of the year — but only if the child is given additional instruction and a re-examination opportunity within two months. Expulsion till the completion of elementary education remains prohibited in every case.
The prohibitions in one place
| Section | Prohibited |
|---|---|
| 13 | Capitation fee and any screening procedure for admission |
| 14 | Refusal of admission for want of an age certificate |
| 15 | Refusal of admission because the child came late in the session |
| 16 | Expulsion till completion of elementary education; detention, subject to the 2019 amendment |
| 17 | Physical punishment and mental harassment of a child |
| 18 | Running a school without recognition |
| 28 | Private tuition by a teacher |
| 30 | Board examination till completion of elementary education |
Section 17 in the classroom
The Act bans physical punishment and mental harassment together, and mental harassment is the half candidates forget. It covers sarcasm, ridicule before the class, name-calling, labelling a child by caste or ability, and punishment by comparison. A teacher who violates Section 17 is liable to disciplinary action under the applicable service rules.
Why the no-detention policy was debated
Supporters argued that detention pushes weak children out of school permanently and that the fault lies with teaching, not with the child. Critics argued that automatic promotion without remedial support let children reach Class 8 unable to read. The 2019 amendment is a compromise: promotion remains the norm, but a state may detain after giving genuine additional instruction and a second chance.
✗ No detention means a child cannot be failed at any stage now. | ✓ Since 2019 a state may hold back in Classes 5 and 8 after remedial teaching and a re-examination.
संकेत: धारा 16 = अनुत्तीर्ण न करना व निष्कासन पर रोक; 2019 संशोधन ने कक्षा 5 और 8 में शर्तों के साथ रोक हटाई; धारा 17 = शारीरिक दंड और मानसिक उत्पीड़न दोनों पर रोक।
This block gives 1-2 questions. The most repeated is Section 17, usually as a situation in which a teacher humiliates a child, so remember that mental harassment is banned along with physical punishment. The second is the no-detention question, where the trap is the outdated statement that no child can be detained up to Class 8 — after the 2019 amendment a state may detain in Classes 5 and 8 with the two-month re-examination condition. Section 30, no board examination till elementary level, also appears as a direct one-liner.
Frequently asked questions
Can a child be detained in a class under the RTE Act now?
Yes, but only in Class 5 or Class 8. The 2019 amendment permits a state to hold a child back after a regular year-end examination, provided additional instruction and an opportunity for re-examination are given within two months.
What does Section 17 of the RTE Act prohibit?
Both physical punishment and mental harassment of a child. Mental harassment includes ridicule, sarcasm, name-calling, humiliation before the class and labelling, and a teacher who does this is liable to disciplinary action.
Is expulsion from school allowed under the RTE Act?
No. A child cannot be expelled from school till the completion of elementary education, and this prohibition was not touched by the 2019 amendment, which dealt only with holding a child back in Classes 5 and 8.
60-second recap
- Section 16: no expulsion till elementary education is completed.
- RTE Amendment 2019 allows detention in Classes 5 and 8 after remedial teaching and re-examination within two months.
- Section 17 bans physical punishment and mental harassment together.
- Section 13 bans capitation fee and screening; Section 14 and 15 protect admission.
- Section 30 bans board examinations up to elementary level.