The very erudite Reality Check called this act out the moment he got hands on the gazette notification. A well thought out heinous plan to burden Hindu schools by the Congress ecosystem. How? They passed the 93rd Amendment to exempt all minority schools. This overburdens Hindu schools as they have to take at least 25% for free (there is no reason for it to be limited to 25% and can be increased) and cannot make up the difference by raising fees because they are strictly regulated by the government. Religious and Linguistic minorities have no such compulsions. Even Govt aided minority institutions have no obligations to provide even 1 RTE seat. This 93rd amendment also enabled the confiscation of capacity by wrecking right to profession (19 1g) article of the constitution. Just a cursory reading of the posts on RTE in Reality Check's blog tells you what sort of cluster*&#@ it has created.

It has crushed capacity creation and prevented entry of well-meaning Hindu philanthropists (like the Tamizh Chettiars & Nadars of yore) in the Education sector. An Alagappa Chettiar would be actively hindered today from starting schools & colleges. Let that just sink in. The 25% free is free for the student. The government reimburses only tuition fee and not other expenses (books, sports, equipments etc.) that typically occur. The government reimbursal is typically slow and inefficient. This puts a tremendous amount of stress on schools. The remaining 75% of the students cannot be screened. This completely kills any sort of autonomy the school can have. Theoretically speaking, even the founder's descendant cannot be admitted. The school can be sued! 

A not so open detail about RTE is that it comes under the Commission of Protection of Child Rights (CPCR-2005). The NCPCR & SCPCR are final authority on RTE. This is a quasi-judicial civil society type organization that oversees the implementation of RTE in schools. The recommendations of this organization is the final word since the Govt-NCPCR equation isn't clearly defined. In a sense, the NCPCR is like an Ombudsman except with much more powers than an Ombudsman. So, effectively RTE application is not under the purview of the Ministry of Human Resource Development! Only the implementation is left to government bureaucrats and the MHRD. Any wrongdoing by Hindu schools is reported by local FCRA-NGOs that complain to these bodies outside of govt (NCPCR etc) which then issues diktats to the implementing agencies to do the "needful" i.e. follow the rule of law! Why should they be FCRA-NGOs and not NGOs without FCRA? If they are the latter, then Hindu educationalists would have rallied against them & urged Indians not to donate to them, so that their advocacy on RTE can be curtailed. Thus, the fact that they sustain, nay nourish themselves with foreign funds is vital to the whole RTE operations. All this is work of the ecosystem set up by Congress to control everything especially when they are not in power.

Much as I would love to completely get rid of this act, it is currently impossible to in our "socialist" milieu. It will be seen as an "anti-poor" step: a powerful vote-killer. As mentioned in a previous post, political consolidation is key to killing this behemoth called (fake) "Idea of India". Also, BJP needs strength in Rajya Sabha to repeal 93rd amendment. Simply extending RTE to all schools through an ordinance will be shot down in a court before you can say "Blueberry Pie", thanks to that heinous amendment. So, how do we tackle this problem?


The thing that stands out straightaway is the complete autonomy of minority institutions like La Martinier, St Xavier's, Don Bosco etc. BJP should open the argument by simply asking:

  • Why should the poor miss out on quality education at these premiere establishments? 
  • Why shouldn't the marginalized castes like SC/ST study in a lesser quality phrontistery once the better Hindu schools fill out their quotas instead of a fine school like Don Bosco? 
  • Why shouldn't a MBC philanthropist be able to run a school with the freedom and autonomy like a St. Xavier's?
  • Why should a ST owned school be enforced to hire only teaching staff with Teacher Eligibility Test qualification whilst La Martinier needs no such requirement?
  • Why must a Dalit run school be coerced into following the No Detention Policy whereas a Ryan International has no such compulsions to filter less intelligent students?


Without touching 93rd, BJP can relax conditions for new entrants. They can have slabs of RTE reservation like they have for income tax. For example, they can ask schools less than 5 years old to take 3-5% of disadvantaged students instead of 25%. Likewise, a school less than 10 years old to have 5-10% etc. This can give a lot of breathing space to new schools that are struggling to stay afloat. An average student cost is upwards of ₹30000 per annum. Even a relaxation of 10 students means that the school can save a massive ₹300000 per annum which can be a slush fund of sorts when govt payments do not come on time.


Government must enforce the minority schools to take near 100% of said minority students and teachers. The number of minority schools is disproportionate to their relative population. The Catholic church runs 3000 schools in TN and CSI runs 16000 schools across the 4 southern states. The population of Christians (other than KL) in these states, is in single digits officially. The schools are typically asked to fill only 50% with said minorities. Govt must force these institutes to take upwards of 90% minorities in their schools and ask them to auction the rest of the schools to Hindu philanthropists. This way much redundancy can be reduced and the 2nd tier/3rd tier Hindu schools that are unable to fill students can aim to sustain and improve.


  • RTE has other auxiliary prohibitive clauses that are onerous on private schools like infrastructure requirements.
  • Restore full autonomy on the non-RTE quota (i.e. the 75%).
  • Timely refunds for proper spending.
  • RTE must first fill govt school quotas and then private schools. Many govt school quotas are going free.
  • Govt must provide land or their half filled/unfilled schools to philanthropists if it is unable to provide full refunds.
  • Restoring authority of school management & principal in running schools & disciplining children instead of NCPCR/SCPCR etc. Today if a child's parent/guardian complains the police must involve Child Welfare Committee within a time frame otherwise police will be reprimanded!

All this is just a way of tackling RTE by flipping the incentive structure. Today RTE is onerous and killing, make it juicy & lucrative. If you fill the govt schools followed by low cost schools with the above incentives then a lot of the attacks against Hindu schools will be neutralized.


For a party that claims to have Hindu interests at heart, BJP seems to love to enact and enforce this heinous law on unsuspecting Hindus. This is not only a step in prevention of propagating our culture but also a step in destruction of capacity creation. Every year lakhs of children get added to the education pool but this act crushes ability to increase strength. The above mentioned solutions are simple, commonsense responses to solving or at the very least, slacken the prohibitive restrictions of Right To Education act. An act that was passed purely to wreck existing Hindu schools and participation capping of new Hindu philanthropists who want to give back to society. 

I can understand BJP's diffidence in cancelling the entire act (and 93rd amendment) but what prevents them from tempering the act to stop the bleeding? It astounds one that instead of working to aid Hindus, BJP is executing this reprehensible law zealously, closing 1000s of schools. I said we need to be patient apropos Core in a previous post but I didn't mean we accept the enacting this evil law standing down. Make no mistake, the above are just stop gap solutions to the problem. It only delays the inevitable rather than avert it. It is clear that RTE is not right to education but right to educate. A law that doesn't apply uniformly is not a law at all, moreover what sort of social contract is India going to function under? Let's assume for a moment RTE is a noble law, what sort of social contract do we have where burden of educating poor falls on one community? Narendra Modi would do well to remember these wise words:

^The diligent @pranasutra informs me that minority percentage cannot be imposed in minority schools as multiple SC judgments have clarified it violates Article 30. So we need RS majority for that as well.

P.S: With major inputs from śrī @by2kaafi and śrī @mnshzz. Not a word of this post could have been written without their help. I'm much grateful to them for giving their valuable time to aid this obscure blogger.

P.P.S: Please follow @pranasutra on twitter and his blog on Securing Core.


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