Right to Education

 RIGHT TO EDUCATION

“Education in the most powerful weapon which you can use to change the world."

– Nelson Mandela

INTRODUCTION

In India, the right to education represents a monumental stride towards inclusivity and social equity. Enshrined as a fundamental right in 2009 through the historic passage of the Right of Children to Free and Compulsory Education (RTE) Act, this legislation aimed to ensure every child’s access to quality education, irrespective of socio-economic background or geographic location. Despite commendable progress, challenges persist in achieving universal enrollment, enhancing educational infrastructure, and addressing disparities in learning outcomes. This article examines the evolution, impact, and ongoing challenges of the right to education in India, shedding light on efforts to realize its transformative potential and ensure a brighter future for generations to come.

Now let's u understand about the right to education in India.

Right to education did not secure the position in Part III of the constitution during its drafting and subsequent action. It was secured under Part IV of the constitution. The initial framing of Article 36 of the draft constitution, which presently became article 45 of the Indian constitution created certain problems. Right to education was deliberately made a part of Part IV of the constitution DPSP formed the pious obligation of the state and is not enforceable as provided under Article 37 of the Indian constitution.

Initially Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as and accessible education. Ramamurti Committee Report in 1990 was the first official document on right to education 

Tapas Majumdar Committee (1999) was set up, and it recommended the insertion of Article 21A.

And then the 86th amendment of the Constitution of India in 2002, inserted Right to Education as a fundamental right under Part-III of the Constitution which made Right to Education as a fundamental right for children between 6-14 years.

Article 21A states that, "the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."

There are several other issues regarded to right to education and one of them was, education should be provided with mother tongue to allow diverse population to presume their culture. The Government of India established the Education Commission (1964-66) to achieve the educational objectives outlined in the constitution. They advocated for the common school approach to advance social justice and equality.

National Policy of Education recommended free and compulsory education in 1968. Further the National Policy of Education of 1986 aimed at a comprehensive policy framework for the development of the education up to the end of the century.

The primary education policy was launched under the scheme of Sarva Siksha Abhiyan in 2001 at district level throughout the country.

In all these years, the judiciary has also shown some interest in addressing the grievance of common people, which led to the public interest litigation movement in 1990. There are two famous cases of PIL that shaped the statue of education in India, and they are the Mohini Jain and Unnikrishnan case. Both these cases were resolved before the passage of the 86th Amendment Act in 2002. Hence the right to education was justified under article 14 and 21 as part of the Fundamental Right, which is guaranteed to all the citizens.

In Mohini Jain v. State of Karnataka, the court held that, the state has an obligation to discharge the duties of the state, so that the citizens can enjoy their right to education. The court further held that, the state can discharge their duty, by establishing state educational institutions or by recognizing private educational institutions. Therefore in their circumstances if a private institution charge capitation fees in consideration of education, it amongst to the denial of the right to education and it is violative of article 14 of the constitution.

The case Unnikrishnan v. State of Andhra Pradesh reached the Supreme Court the very next year. In this case the supreme court held that, every child who is deprived of their right to education can issue a writ of mandamus against that appropriate authority for the deprivation of their right of education.

CONCLUSION 

The right to education in India is a fundamental right enshrined in the Constitution, crucial for ensuring equitable access to quality education for all children. It not only promotes social justice and empowerment but also lays the foundation for a more inclusive and progressive society.

The right to education in India has also seen significant progress with initiatives like the Sarva Shiksha Abhiyan (SSA) and the Right of Children to Free and Compulsory Education (RTE) Act, which aim to ensure free and compulsory education for children aged 6 to 14 years. These efforts have increased enrollment rates and improved educational infrastructure across the country.