RIGHT TO EDUCATION: AN INTRODUCTION
“Education is an ornament in prosperity and a refuge in adversity” – Aristotle
India is a country which is famous for its elements like art, architecture and main is culture of India but India is also famous for its constitution as well as it is considered as the mother document of India. Education may be a fundamental right and essential for the exercise of all human rights. Yet millions of children r Tu
EDUCATION: A FUNDAMENTAL RIGHT
The Constitution (Eighty-sixth Amendment) Act, 2002, included Article 21-A (“Right to Education”) within the Constitution of India, establishing education as a fundamental right. Article 21-A stipulates that “The State shall provide free and compulsory education to all or any children of the age of six to 14 years in such manner because the State may, by law, determine.”
Education is on the Concurrent List of shared material , which enables both the central government and therefore the individual states to manage education. Prior to the insertion of article 21-A, the Supreme Court of India held in 1992 that the proper to education was a fundamental right that flowed from article 21, concerning the right to life.
In a 2011 decision the Supreme Court stated that the right of youngsters to free and compulsory education has been made a fundamental right under Article 21A of the Constitution. Now every child of the age of 6 to 14 years has right to possess free education in neighbourhood school till education.
RIGHT TO EDUCATION ACT
Article 21-A and therefore the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’.
‘Free education’ means no child, aside from a toddler who has been admitted by his or her parents to a faculty which isn’t supported by the acceptable Government, shall be susceptible to pay any quite fee or charges or expenses which can prevent him or her from pursuing and completing education .
‘Compulsory education’ casts an obligation on the acceptable Government and native authorities to supply and ensure admission, attendance and completion of education by all children within the 6-14 age bracket.
PROVISIONS OF RTE ACT
With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined within the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
The Act also lays down that no school can deny admission to a student and every one schools are required to possess well trained and experiences teachers. In case of these schools which aren’t having trained teachers, they’re going to need to suits this provision within three years.
The schools should have certain minimum facilities to assist in providing an honest learning atmosphere to the youngsters . Basic minimum facilities like adequate teachers, playground and infrastructure should be there. The government will evolve some mechanism to help marginalized schools to comply with the provisions of the Act.
The government had prepared and arranged for model rules which are circulated to the states for preparing their own rules so as to supply for the implementation of the Act. The Centre had also prepared separate rules for the Union Territories. However, the reservation for weaker section wasn’t be implemented from the year of implementation because the admission season was almost over. It was implemented from 2011-12.
The government and native authorities were directed to determine primary schools within walking distance of 1 km of the neighborhood. In the cases of youngsters studying in school VI to VIII, the children’s school should be within a walking distance of three km of the neighborhood. One important point of the consideration is that giving free education to children up to 8th class is either sufficient to prepare a child with its basic skills and also important for gaining some knowledge.
Education nowadays is much more then mere literacy and it aims at full development of the child. The right to education provides a framework for accepting that basic education is literally important for every citizen of the country regardless of their caste, religion etc. And from comparison of Us and India it is absolutely clear that right to life and personal liberty is being given to people of India only be the way of article 21 , main scope of article 21 is wider than provision of us constitution as it only gives protection to the citizens but at the same time Indian constitution gives protection to both citizens and aliens of India.
Author: KRISH BHATIA,
CHANDIGARH UNIVERSITY 1 YEAR BALLB