There has been a growing Policy engagement with the rights regime witnessed by the formulation of rights –based laws as policy instruments. The Right to Information Act 2005, the Forests Rights Act 2009, the Right to Education Act 2009, the Food Security Act and The Mahatma Gandhi National Rural Employment Guarantee Act are the examples of the shift from a policy based on the perception of development as a welfare activity of the government to a policy that recognizes basic development needs as the rights of the citizens. In this paper  an attempt has been made to discuss the nature of rights based public policies in the overall context of Right of children for free and compulsory education and the policy issues and concerns in implementation  of the landmark policy in the country. The study concludes that despite limitations in its implementation, the Right to Education Act which came about as the result of a long struggle by people’s movements remain a remarkable achievement. As a new law enshrining the rights of all children to free and compulsory education sell further lift enrolment, bringing closer the government’s goal of universal elementary education, which comprises eight years of schooling. While concerns regarding privatization and quality of education, high dropout rates and law attendance in schools remain, the Right to Education Act offers a first step towards an educational system in India that offers access, equity, equality and inclusion of all children.