Explained: What is no-detention policy and why Tamil Nadu refused to scrap it

The Ministry of Education recently abolished the ‘no-detention policy’ for students in classes 5 and 8 of all government schools. However, Tamil Nadu Education Minister Anbil Mahesh Poyyamozhi said the state will continue to follow the ‘no-detention policy’ up to class 8.

The policy was scrapped after an amendment in the Right to Education Act was approved in 2019. It came into effect only after an official notification was released in December 2024. An official explained the delay in the notification, saying that the new National Education Policy (NEP) was announced within six months of the amendment.

What is this no-detention policy, and why Tamil Nadu refused to scrap it? Here’s all you need to know.

What was now-scrapped ‘no-detention policy’?

The Centre’s no-detention policy, introduced under the Right to Education Act in 2009, entailed that no student of classes 1–8 can fail or be expelled from school until they complete primary school.

According to the government, Section 16 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, stipulated that “No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education (Class 1-8).”

The motive behind introducing the ‘no-detention policy’ or automatic promotion to the next class was to minimise dropouts, make learning joyful, and remove the fear of failure in exams, PRS Legislative Research reported.

No-detention policy, a ‘contentious issue’

The policy soon became a contentious issue in many states, with many speculating if it led to “deteriorating learning outcomes of students.” Some state governments wrote to the Centre to re-examine the no-detention provision of the RTE Act.

The government’s written reply in the Lok Sabha to one such question in 2017 stated that a subcommittee was constituted to assess the implementation of Continuous and Comprehensive Evaluation (CCE) in the context of the No-Detention provision in the RTE Act, 2009.

The reply stated that in 2015, it was decided that all states/UTs should share their views on the No-Detention policy.

“Twenty-eight states have shared their views on the No Detention policy, out of which 23 states have suggested modification to the No Detention policy,” the written response in the Lok Sabha read.

In 2015, the Government of National Capital Territory of Delhi requested to limit the no-detention policy up to class 3. A press release mentioned that “some states, namely, Assam, Bihar, Chhattisgarh, Goa, Haryana, Punjab, Rajasthan, Sikkim and Tripura have requested to review the no-detention policy during the meetings of Sub- committee of Central Advisory Board of Education (CABE).”

Following the amendment to the Right to Education Act (RTE) in 2019, at least 18 states and Union Territories have already done away with the ‘no-detention policy’ for the two classes (classes 5 and 8).

Why was no-detention policy scrapped?

A PRS report published in 2017 stated that with the enactment of RTE, enrolment touched 100 percent at the primary level. However, low transition of students from one class to another at progressively higher levels was noted.

“This has resulted in high dropouts at the secondary education level, with the highest dropout rate being 17 percent at the class 10 level,” the report added.

What changes now? New rule for Classes 5 and 8 explained

The rule change announced in December 2024 stated that students of Classes 5 and 8, who fail year-end exams, can now be held back.

Earlier, the no-detention policy was applicable to all students from Class 1 to 8, meaning that no student would fail and be held back in the same class – they would get promoted to the next class anyway.

Now, this policy has been abolished by the Centre. Samir Sarkar, Arts Head, Ramagya Noida Extension explained the new rule, saying that students can now be detained in Classes 5 and 8 if they fail twice. Students of other classes would be promoted, he said.

“The rule is applied particularly to Class 5 and 8 as they are transition class [one moving to 6th middle school and the other to senior school 9th), hence the government feels them to be important,” Sarkar said.

This applies to all government schools.

What the 2019 amended act says: The Right of Children to Free and Compulsory Education (Amendment) Act, 2019, states that “There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.”

“If a child fails in the examination…he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result,” the amendment stated.

It further provided a clause that the “appropriate government” may allow schools to hold back a child in class 5 or class 8 or in both classes “if he fails in the re-examination.”

Meanwhile, a gazette notification released this week stated that after the conduct of regular examination, if a child fails to fulfil the promotion criteria, as notified from time to time, he shall be given additional instruction and opportunity for re-examination within a period of two months from the date of declaration of results.

“If the child appearing in the re-examination fails to fulfil the promotion criteria again, he shall be held back in fifth class or eighth class, as the case may be,” the notification read.

“During the holding back of the child, the class teacher shall guide the child as well as the parents of the child, if necessary, and provide specialised inputs after identifying the learning gaps at various stages of assessment,” the notification states.

The government has clarified that no child shall be expelled from any school till the completion of elementary education.

‘States can make their decision’

A senior Ministry of Education official told news agency PTI that since school education is a state subject, states can make their decision in this regard.

“Already 16 states and two UTs, including Delhi, have done away with the no-detention policy for these two classes,” the official added.

States and UTs that have scrapped the no-detention policy include Assam, Bihar, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Meghalaya, Nagaland, Punjab, Rajasthan, Sikkim, Tripura, Uttarakhand, West Bengal, Delhi, Dadra and Nagar Haveli and Jammu and Kashmir, PTI reported.

“Haryana and Puducherry have not made any decision yet, while remaining states and UTs have decided to continue with the policy,” a senior official said.

According to the officials, the notification will apply to over 3,000 schools run by the central government, including Kendriya Vidyalayas, Navaodyala Vidyalayas and Sainik Schools.

Tamil Nadu to follow no-detention policy. Here’s why

Tamil Nadu’s School Education Minister Anbil Mahesh Poyyamozhi said the Centre’s move to allow schools to detain students in the same class (Class 5 or 8) if they fail to clear exams created a big stumbling block for children from poor families in getting educated without any hassles up to Class 8 and this was “regrettable”.

The Minister said that Tamil Nadu does not follow the National Education Policy (NEP), and the Centre’s decision will not affect schools in Tamil Nadu other than those that fall under the union government’s ambit.

“There need not be any confusion and Tamil Nadu will continue to the present system,” he was quoted by PTI.