RIGHT TO EDUCATION

RIGHT TO EDUCATION

Introduction

In general terms we see Education as a process of receiving or giving systematic instruction, especially at a school or university or we can say a process that converts beast into man. In each and every human life it plays an important role. It gives a proper development to a human being. Not only in modern period but even in ancient period education was an important tool. In earlier stage of 1st Century BC, the value of education was developed by “Bhartruhari” in his book “NEETHISHATKAM”. In his book he mentions that “Education is a special tool to mankind which develops a person without a fear of loss”.

What is ‘Right to Education’?

To exercise all human rights education is important because it is a fundamental human right. Education promotes freedom and empowerment. As a result of poverty, yet many millions of children and adults remain underprivileged of educational opportunities. Education is such a powerful tool which can lift the economically and socially marginalized adults and children out of poverty, so that they can participate fully as citizens. In the International Covenant on Economic, Social and Cultural Rights as a human right that includes to right to free and compulsory education for all with an obligation to develop secondary education accessible to all, in this it was recognized that the right to education is a universal entitlement to each and every human being. Responsibility to provide basic education for individuals who have not completed primary education is also included in right to education. Additionally, to set minimum standards and to improve the quality of education the right to education encompasses on the obligation to rule out discrimination at all levels of the educational system.

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A rough draft of the bill was composed in year 2005 by the government. The Right to Free and Compulsory Education (RTE) Act, was enacted by the Government of India in 2009 making education a fundamental right of every child in the age group of 6 to 14, to combat this worrisome trend.

Right to Education Act

The Right of children to Free and Compulsory Education Act came into force in year 2010. From April 1, 2010, the right to education will be accorded the same legal status as the right to life as provided by Article 21A of the Indian Constitution And it became a historic day for the people of India. In the vicinity of his/her neighbourhood, every child in the age group of 6-14 years will be provided 8 years of elementary education in an age appropriate classroom.

Article 21-A within the Constitution of India provides free and compulsory education of all children within the age bracket of 6-14 years as a Fundamental Right in such a fashion as the State may, by law, determine, which was inserted by The Constitution (Eighty-sixth Amendment) Act, 2002. Article 21-A, means every child features a right to education of satisfactory and equitable quality during a formal school which satisfies certain essential norms and standards under the RTE Act, 2009.

On 1 April 2010, Article 21-A and the RTE Act came into effect. In title of the RTE Act two words are incorporated i.e. ‘free and compulsory’. ‘Free education’ can be termed as ‘that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, 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.’ If there is ‘Compulsory education’, then it’s an obligation on the Government and administration of the state to provide and ensure admission and completion of elementary education of all children in the age group of 6 to 14 years. Thus, with the enactment of this act India has moved forward to a rights based framework that puts a legal obligation on the Governments and administration to implement this fundamental child right as enshrined within the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

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Cases

Mohini Jain’s case

In this case the court decided that the State has a responsibility to educate its citizens and setup institutions which ensures that in the state’s territory every person is given benefit of the right to education. The court further added that the government must also provide assistance to private education institution and if the private education charges high fees from their students then it will be considered as a violation of Article 14 of the Indian Constitution.

Shyam sundar case

In this case the court stated that ‘there should not be any discrimination on the basis of economic, cultural or social background of the child and the administration should emphasis on quality education rather than restricted to free and compulsory education of the child.’

J.P.Unnikrishnan’s case

In this case the court tells that the government institutions are being unenthusiastic with the enforcement of Article 45. The court further tells that if any child who is deprived of the right to education can issue a writ of mandamus against the appropriate authority for the enforcement of their deprived right.

In India, the administrative activities are not active in the education departments. The executives must develop it with a proper planning. Though there is planning but still it fails to develop the education system due to corruption. For the development of India in education system this situation must be deserted.

Conclusion

Justice PN Bhagwati, Former Chief Justice of India said that “The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into a fullness of physical and vital energy and the utmost breadth, depth and height of its emotional, intellectual and spiritual being; otherwise there cannot be a healthy growth of the nation.”

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In India, there must be a powerful and planned administration in education department so that every child can get educated and benefited with the act. The first and foremost step for a proper administration is to remove the officers who are involved in bribery, corruption, biased activities in the field of administration and it is possible only by the superior officers. Every generation hopes that the next generation will built the nation better than present. Therefore, the main concern for any nation must be education which empowers the future generation. It is now an undisputed fact that right to education can be realized on a national level due to free compulsory primary education. However, the efforts to develop an educational system in India with full access, equality and quality of education has not been achieved, due to the widespread poverty and various prejudices in the society. Another cause of worry is the inability to check the dropout rates among the marginalized sections of the population. So, let’s build our nation by providing quality education to every child and see the development of the education system in India.

Author: AYUSH CHOUBEY,
Jagran Lakecity University, 1st Year

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