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Introduction
Education is recognized as a significant part of our lives. It enables acquisition of knowledge, values, competencies and skills that is required by every individual. The significance of education sector has enhanced tremendously since last few years. The mentality of people has changed from not giving importance to education at all to making every effort to educate their children. With this the demand for education has surged tremendously. This has been a cause for the enactment of the most empowering education related right in India i.e., Right to Education.
In Mohini Jain v. State of Karnataka, the honorable Supreme Court held that taking into consideration the articles 21, 38, 39 (a) and (b), 41 and 45, it becomes the obligation of the state to ensure right to education to the citizens of the country. Further, the preamble was talked about which promises to secure justice “social, economic and political” to the citizens and assures dignity. The court held that "An individual cannot be assured of human dignity unless his personality is developed and the only way to do that is to educate him.”
Background
The Right to education is a globally recognized fundamental right. It is an outcome of the Universal Declaration of Human Rights which proclaimed that everyone has a right to education. Recognition of right to education as a fundamental right by the Universal Declaration of Human Rights enhanced the significance of the right to education which was established in a no. of international conventions. The countries which are signatory to these conventions had an obligation to ensure the right to education as a fundamental right which was established by a no. of nations.3 In a landmark judgement, the hon’ble supreme court took into account the obligations of India under the international treaties including right to education.4 Right to education under article 21-A via 86th Constitution Amendment Act 2002 was passed in 2009 and enacted in 2010.
The 86th Amendment Act 2002 sought to made an addition in the Article 21 i.e., ensuring free and compulsory education as a fundamental right to all children in the age group 6-14 years.
The first legislation related to free and compulsory education was drafted and posted on the official website with a view to invite suggestions and opinions from the public. Taking into consideration the opinions and suggestions received, a revised draft was created. This was followed by the bill prepared by the CABE (Central Advisory Board of Education) and sent to the Ministry of Human Resource and Development (HRD). MHRD sent the bill to NAC which further sent it to the PM for seeking suggestions and observations. In 2006, the bill could not be passed on the grounds of lack of funds. The Right of Children to Free and Compulsory Education Bill, 2008 bill was passed in both the houses of parliament in 2009 which was given assent by the President in August, 2009. The act came into force on 1 April, 2010.
RIGHT TO EDUCATION: WHAT DOES IT INCLUDE?
According to the Right to Education Act the following should be ensured:
Every child from the age group 6-14 years should be ensured the right to free and compulsory education as per the 86th Amendment Act via Article 21A.
The government schools which have to be managed by the School Management Committees (SMC) should ensure free education to every child. Further, the private schools should also aim at providing free education to at least 25% of the students.
The aspects of elementary education (including quality) should be strictly regulated by the National Commission for Elementary Education.
Further, the features of Right to Education include:
➢ Restriction on expulsion or holding back of any child from acquiring education until he/she completes elementary education.
➢ Any child has the right to get admitted to a class appropriate as per his age in case he/she is not admitted to school yet get free education under the act.
➢ Lack of proof should not be considered a reason for denying admission to a child. Determination of age of child at the admission should be done from the birth certificate or any other appropriate document issued by an appropriate authority as per the provisions of birth.
➢ Efforts should be made for making improvements in the quality of education and the school teachers should get qualified with the required degrees within 5 years. Certificate should be provided to children passing elementary education
➢ A provision for economically backward communities is made as the private schools are required to reserve 25% seats in for children belonging to economically backward communities.
➢ Efforts should be made to improve the school infrastructure after every 3 years.
➢ Financial obligations on education should be shared by both state and central government.
CONCLUSION
Education aims at the overall development of a person. It has the capacity to create a better world by developing the personality, mentality, ideas and regulating the behavior of the students. The country ensuring right to education to its citizens without any discrimination often end up getting good development scores. Not only does education improves the learning ability of a person but it also teaches the students various other skills including acceptance of the views and cultures of people, mutual respect, team work which helps them in residing peacefully in the society and respecting others while taking the crime statistics lower. So, the government of a nation should keep in mind the significance of education and ensure the right to education to its citizens. Not only is it the duty of the government, the obligation to educate children also lies on the shoulders of the parents as per the article 51A of the constitution of India. We as people should also make efforts to create awareness among the people who lack the capability of understanding the significance of education.
References
KISHORE SINGH, “Right to Education”, [vol. 42] INDIA INTERNATIONAL CENTRE QUARTERLY, no. 3/4, India International Centre, pp. 119–30, http://www.jstor.org/stable/26316578 (2015)
Mohini Jain v. State of Karnataka AIR 1992 3 SCC 666, 677.
KISHORE SINGH, supra note 1.
M. C. Mehta v. State of Tamil Nadu and Others AIR 1996, SCC 756.
VIKASPEDIA, https://vikaspedia.in/education/policies-and-schemes/right-to-education/right-of-children-to-free-and-compulsory-education-act-2009-right-to-education-act (last visited 21 September, 2021)
TIMES OF INDIA, https://timesofindia.indiatimes.com/readersblog/igoravsharma/what-is-right-to-education-act-rte-act-32034/ (last visited 21 September, 2021).
Authored by Shashwat Pratyush, L.L.M, C.N.L.U