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Annual Report 2022-23
New Delhi, and the Chief Secretary of the Government of
Bihar. The submi ed reports highlighted that due to
na onwide lockdown and suspension of various services,
both Central and State governments extended the closure
of schools un l at least 31 July 2020. The closure of
schools led to a halt in the mid-day meal scheme, forcing
impoverished children, who previously relied on these
meals, to engage in menial work to secure sustenance. In
the Bhagalpur District of Bihar, the report indicated that
children, previously beneficiaries of mid-day meals
comprising ro , rice, vegetables, dal, soya, and eggs, were
now facing starva on and were compelled to undertake
unsuitable labour. The residents of these areas, belonging
to below-poverty-line segments, resorted to garbage
collec on, begging, or labouring for contractors to gather
waste, and their children were le malnourished and
deprived.
In accordance to the Commission's direc ves, the
Ministry of Educa on, Department of School Educa on
and Literacy, Government of India, provided reports from
various States/ UTs regarding the implementa on of the
Mid-day Meal Scheme during lockdown. While some
States/ UTs distributed food, dry ra on, and cooking cost
to eligible children, others transferred cash to their bank
accounts.
The Under Secretary of the Department of School Educaon and Literacy, Ministry of Educa on, Government of
India, in a le er dated 12 April 2021, affirmed that the
Mid- day Meal Scheme, a centrally sponsored ini a ve
covering students from Class I to VIII in government,
government-aided, and Special Training Centres, con nued to receive central assistance. The responsibility for
providing cooked and nutri ous meals to children rested
primarily with the State Governments and UTs. Addi onally, the Department of School Educa on and Literacy,
Ministry of Human Resource Development, Government
of India, forwarded reports from various States/UTs
concerning the implementa on of the Mid-Day Meal
Schemes in their respec ve regions. The Commission
carefully reviewed the details presented and underscored
the paramount importance of ensuring prompt and
efficient distribu on of mid-day meals to underprivileged children by State Governments. This assurance
was essen al to safeguard children's right of access to
vital healthcare services, without depriva on. In light of
these considera ons, the Commission deemed the
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ma er addressed and consequently closed the case on 27
March 2023.
7.10 Right to Educa on
7.10.1 The Right of Children to Free and Compulsory
Educa on Act or Right to Educa on Act (RTE) is an
Act of the Parliament of India enacted on 4 August
2009, which came into force on 01 April 2010. The
Act makes educa on a fundamental right of every
child between the ages of 6 and 14 years and
specifies minimum norms in elementary schools.
It requires all private schools to reserve 25% of
seats for children from disadvantaged backgrounds. It also prohibits all unrecognised schools
from prac sing and makes provisions for no
dona on or capita on fees and no interview of the
child or parent for admission.
7.10.2 Despite significant gains in increasing access to
literacy rate and schooling, there are s ll major
glitches in the implementa on of the RTE by
States, especially concerning basic infrastructure
requirements, such as proper classrooms, toilets
and boundary walls for schools, availability of
drinking water, having trained teachers in place,
filling up of vacant posts of teachers and pupilteacher ra o. RTE is illusory for many children
from tribal and minority communi es and conflict
zones. Furthermore, not all states have the
Commissions for Protec on of Child Rights
needed to monitor the implementa on of the RTE.
Therefore, besides inves ng substan al financial
and human resources, much work on the ground
level is required to access this right meaningfully
and in full measure. The Commission is concerned
with the issues related to the educa on of children
in India.
7.10.3 Illustra ve Cases
1.) Commission's response to educa on dispari es
during COVID-19 pandemic
(Case No: 1370/90/0/2020)
The Commission received a complaint dated 22 September 2020, expressing concerns regarding students'
educa on amid the COVID-19 pandemic. The complaint
Chapter 7 - Thematic Areas