Withdrawing the No-detention Policy: Punishing Children for the System’s Failure

Abstract

The Right to Education Act, 2009 that came into existence after a decade-long struggle by civil society organisations, mandates that no children shall be detained till they complete their elementary education, that is, Class 8. However, an amendment to the Act, The Second Amendment Bill, 2017, on the Right of Children to Free and Compulsory Education, 2009, amends this provision by stating that regular examinations should be held in Class 5 and Class 8. If the child fails in the examination, s/he will be given additional instructions to take a re-examination within two months and if the child again fails, then the state government will have the discretion to detain the child in the same class. There are differing views on whether children should be detained for failing examinations in elementary school. Some argue that an automatic promotion reduces incentives for children to learn and for teachers to teach. Others point out that detention demotivates children and results in increased dropouts and shifts the focus away from the systemic factors that affect learning such as the availability of trained qualified teachers, adequate infrastructure, textbooks, safety and security in schools.