Right
to education is a universal human right that should be given to each and every
Individual. Education is necessary for the empowerment and development of society. A society cannot progress unless its citizens are illiterate.
Education has its functionalism almost in all spheres of life. a number of
other human rights depend upon the educational status of a person.
According to the Ancient Indian writer education or Vidhya is the third eye of a man. A man is Incomplete without having
proper education.
Right
to education has been recognised as a basic human right under various
conventions and statutes both at the national and international level. The
right to education is one of the most important human rights. Especially this
right becomes more important when it concerns children. Children are the
future of every society and it is necessary for every civilised society to
educate them for the purpose of ensuring the prosperity and development of the
state.
Most
of society consist disparity among the citizens. India is a country where a
huge disparity among citizens can be seen. In this atmosphere, it is
impossible to get an education for the marginalised section of society. It is
the duty of the state to take measures for uplifting this section of society.
International Perspective regarding
the Right to Education
There
are various international conventions and treaties at the International level that
provides the right to education as a basic right to all humans. For Instance Article
24 of the Universal Declaration of Human Rights (UDHR) defines that everyone has a
right to education, education shall be free and everyone shall be given the right
to access education without any discrimination.
Besides
this the principal global treaty that covers this right in the International
Covenant on Economic, Social and Cultural Rights (ICESCR), which under Article
13 also recognizes the general right to education. As per this covenant, the
states parties to the present Covenant recognize the right of everyone to
education. The states parties to the covenant recognize that primary education
shall be compulsory and available free to all. Secondary education in its
different forms, including technical and vocational secondary education, shall
be made generally available and accessible to all by every appropriate means,
and in particular by the progressive introduction of free education.
Right to Education in India
The
right to education in the Indian constitution is recognised in various provisions.
These are divided into Fundamental Rights and Directive Principle of State
Policy (DPSP). The Former, are justiciable while the latter is just directive
in nature.
Article
21-A of the Indian Constitution provides that the “state shall provide free and compulsory education to all children of
the age of six-to-fourteen years”.
This article was added under fundamental right by 86th
Amendment Act, 2002. This amendment imposed an obligation upon the state to
provide primary and compulsory education to all children irrespective of their
social status. Under this Article, it is the duty of the state to promote the social and economic rights of the marginalised section.
Article
15(3) of the Indian Constitution enables the state to make any legislation for children
and women. The intent of this article is to enable the state to promote the
rights of children and women by making laws.
Article
39(f) this article is directive in nature and provides the protection
of childhood again exploitation and moral and material abandonment.
Article
45 directs the state to provide free and compulsory education to all the
children under the age of 14 years.
Further,
Article 46 declares that the state shall promote the educational and economic
interest of the weaker section of the people. These are the provisions under
Indian constitution that deals with the right of education of children.
Education is compulsory for the life of democracy and the right to education is
also considered an inseparable part of the right to life.
Position in Judicial Decisions
The intention of the judiciary has always been in favour of recognising the right
of children to free and compulsory education. In the landmark case Mohini Jain v. State of Karnataka[1]
the Supreme court enforced the right to education as a fundamental right.
Further, the apex court held that the right to education flows in right to life
under article 21 of the constitution. Article 21 of the constitution cannot be
denied to a citizen by charging a higher fee known as the captivation fees. In this case, the petitioner had challenged the validity of a notification issued
by the government under the Karnataka Education Institution (Prohibition of
Captivation Fee) Act 1984 passed to regulate tuition fee to be charged by the
private medical colleges in the state. The division bench of two judges further
held that the right to education is a fundamental right under article 21 of the
constitution and charging captivation fees by the state is violative of article
21 and also violative of Article 14 as it is arbitrary, unjust and unfair.
Subsequently,
in Unni
Krishna vs. State of Andhra Pradesh[2] the
apex court enforce the ruling of the Mohini Jain case and held that right to
education is a fundamental right under article 21 of the Indian constitution
and citizens cannot be deprived of this right. However, the court partly
overruled the Mohini Jain case and held that the right to free education is
available to the children until they complete the age of 14 year but after the
obligation to provide education is subject to its economic capacity and
development.
In
the case of Bandhuwa Mukti Morcha vs. Union of India and others[3]
the court held that it is the solemn duty of the state to provide basic
education to the children working in different industries or factories. The
court also directed the government to take a step to ensure the education of all
children either by the industry itself or by collaborating with it. The ruling of the
court in this was important for the children of the weaker section who cannot
afford education due to their poverty.
In
Maharashtra State Board of Secondary and
Higher Education v. K.S. Gandhi[4],
it was held by the court that the right to education at the secondary stage is
a fundamental right. It is, therefore, the responsibility of the state to
provide secondary education to all its citizens.
Right to Free and Compulsory
Education Act, 2009
Presently,
as a fundamental right, the provision of free and compulsory education to
children were added by the Constitution (Eighty-Sixth Amendment) Act, 2002 and
Article 21-A is inserted. The Right of Children to free and Compulsory
Education Act or Right to Education Act (RTE) passed by the Indian Parliamentary
on 4th August 2009. In reality, this Act is a milestone that provides for
institutional instructions so that education as a fundamental right spreads to
all children between the age group of 6-14 years.
Some
features of this act are as follows-
Right
of children to free and compulsory education till the completion of elementary
education in a neighbourhood school.
It
clarifies that ‘compulsory education’ means the obligation of the appropriate
government to provide free elementary education and ensure compulsory
admission, attendance and completion of elementary education to every child in
the six to fourteen age group. ‘Free’ means that no child shall be liable to
pay any kind of fee or charges or expenses which may prevent him or her from
pursuing and completing elementary education.
It
makes provisions for a non-admitted child to be admitted to an age-appropriate
class.
It
specifies the duties and responsibilities of appropriate Governments, local
authority and parents in providing free and compulsory education, and sharing
of financial and other responsibilities between the Central and State
Governments.
It lays down the norms and standards relating
inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure,
school-working days, teacher-working hours.
It
provides for the appointment of appropriately trained teachers, i.e. teachers with
the requisite entry and academic qualifications.
It
prohibits (a) physical punishment and mental harassment; (b) screening procedures
for admission of children; (c) capitation fee; (d) private tuition by teachers
and (e) running of schools without recognition,
It
provides for the development of curriculum in consonance with the values enshrined
in the Constitution, and which would ensure the all-round development of the
child, building on the child’s knowledge, potentiality and talent and making
the child free of fear, trauma and anxiety through a system of child friendly
and child-centred learning.
Conclusion
Right
to the education of children is considered as the basic human necessity in most of
the countries. In India, it is recognised as a fundamental right so that no child
can be deprived of getting primary education. However, after all our
demographic literacy rate is decreasing continuously. The problem arises in the
implementation of provisions that are provided under the free and compulsory education
act, 2009. It shows the failure of the state to fulfil its constitutional obligations.
However, all the blame cannot be given to the state only. Society is also
responsible where the children are allowed to work and also forced by their
families to leave education and indulge in domestic and commercial works. We can
achieve the goal that is given under Article 21-A unless both the society and
state make equal efforts.
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