VIOLATION OF RIGHT TO EDUCATION DURING COVID-19

INTRODUCTION

Education is a process of learning or gaining knowledge. It is an essential aspect of human development. Through education, a person understands moral values, ethics, skills, etc. The importance of education is so much that Education has been considered a basic human right by UNESCO, which according to them is essential to raise men and women out of poverty, and level inequalities and ensure sustainable development. [1]

“Education is a human right with immense power to transform. On its foundation rest the cornerstones of freedom, democracy, and sustainable human development”

~ Kofi Annan

HISTORICAL BACKGROUND

The future of any country depends upon the nature of the education system of that country. India since its independence strives to acknowledge the importance of education. The end of colonial rule in India occurred on August 15, 1947, and the country found itself on the cusp of a new period in which the challenge was to construct a powerful nation. While India was liberated from British rule, it lacked the resources and needed time to acknowledge some rights. Though the framers of the Indian constitution recognized the “Equality of status and opportunity” for its citizens as mentioned in the Preamble of the Indian constitution but did not recognize the right to educate their citizens. The constituent Assembly was well aware of essentiality of the education but due to lack of resources, education was not considered to be a Fundamental Right and was made a Directive Principle of State Policy as mentioned under Article 45 of the Indian Constitution before December 2002 which read as follows:

“The State shall endeavor to provide, within ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.”

The Supreme Court of India with the help of judicial activism, held education to be a facet of the Right to life [2] and later on, it was held that the “Right to education means citizen has the right to call up the state to provide the facilities of education to them in according to the financial capacity up to the age of fourteen years.” [3] Thus, it becomes a negative obligation on the state to ensure facilities and opportunities for children up to the age of fourteen years.

POSITION OF RIGHT TO EDUCATION IN INDIA AFTER 2002

The need for a constitutional amendment pertaining to the right to education was later recognized by the parliament, and the 86th constitutional amendment act of 2002 was enacted. The amendment included Article 21A in the constitution which acknowledged the “Right to free and compulsory education to all children of the age of 6-14 years,” as a specific, essential right. The amendment also endeavours “the duty on parents/guardian to furnish opportunities for education to their child or, as the case may be, ward between the age group of 6-14 years,” The state also came under the positive obligation under Article 45 of the Indian constitution to assure early childhood care and free and compulsory education for all children until they complete the age of six years. Furthermore, in the year of 2009, the Right of Children to Free and Compulsory Education Act was enacted with the object to treat the children on par with all the other children and for the all-around development of the child. Although such a provision had been in place for several decades, a large number of children from disadvantaged groups were not receiving an elementary education and the situation became worst during the Covid-19 pandemic

RIGHT TO EDUCATION DURING COVID-19

Due to the pandemic and associated lockdowns, traditional schooling was no longer practical thus, educational institutes (whether private or public) began virtual learning, and in the absence of physical classrooms and sufficient digital infrastructure, students, faced enormous hurdles.

The digital and gender divide in India has also been a major concern. Despite the fact that some state governments had distributed digital devices to the students, however, the government has failed to acknowledge that for a big segment of the population, the lack of access to the internet, low speed, or digital gadgets is creating inequality among school-aged children, which has a negative impact on their future and places them in a perpetual disadvantageous position especially when the majority of children enrolled in such schools come from economically and socially disadvantaged backgrounds. The court in the case of Society for Un-aided schools of Rajasthan Vs Union of India, 2012 has held that the term "free" in the Act of 2009 refers to “the state's removal of any financial obstacle that stops a child from finishing eight years of schooling”. [4]

The Ministry of Human Resource and Development announced "Pragyata- Guidelines for Digital Education," which focuses on online/digital education for students who were at home owing to Covid-19. [5] Although the recommendations include homes without internet access or digital devices, they specifically state that the focus is on the methods of teaching and learning via digital/online education. The recommendations, overlook a substantial portion of students who are at a disadvantage owing to their economic and social circumstances.

According to a survey by the National Statistical Office (NSO), only one in ten households have a computer whether a desktop, laptop, or tablet. [6] Due to a lack of internet access, almost two-thirds of municipal school students in rural areas are unable to access educational materials. With the highest unemployment rate in 45 years, many people can no longer afford to purchase study materials, smartphones, laptops, or other electronic devices.

Moreover, girls will be left behind in the classroom, they may be compelled to drop out of school if they are unable to make up owing to the prolonged gap. It is observed that education has fallen by the wayside for these children and that without suitable initiatives, their chances of continuing their education are grim.

The Disabled children are another group of youngsters who have largely gone unrecognized. Such students are having great difficulty using and gaining from the e-learning software and thus the condition of disabled children from low-income families or who live in rural areas is exacerbated by the fact that most educational institutions and even governments neglect their plight.

Millions of migrant workers in cities have been rendered jobless as a result of Covid-19, forcing them to return to their original villages to avoid starvation. The large-scale reverse migration raises further concerns about educational access for the students who were previously enrolled and studying in cities and towns. Their living situation, combined with other economic, social, and technological factors, makes it impossible for them to access online materials and virtual classrooms.

Moreover, as per Niti Aayog’s "Strategy for New India@75" report, poor internet quality and reliability is a major obstacle in rural areas, as well as the fact that 55,000 villages in the country lack mobile network service. [7]

According to data from Mission Antyodaya, a nationwide village survey done by the Ministry of Rural Development showed that 20% of Indian households had less than 8 hours of electricity, while just 47% had more than 12 hours of electricity. [8]

Various government initiatives, such as PM e-VIDYA, DAISY, NPTEL, and DIKSHA, have been launched with the goal of unifying digital education, presuppose and assume that every student in the country has access to television, internet, or digital gadgets, and fails to recognize that India has a long way to go to be a fully digitalized country.

SUGGESTION

To ensure that these children do not miss out on education, a committee comprised of officials from the education department and local volunteers be formed in each district to identify such children and enroll them in government schools based on their talents and learning skills. To reach out to the children of migrant workers, it is also critical to publicly advertise the program with the support of community members. That it is critical that standards be developed to allow such children to enroll in adjacent schools despite the lack of required documentation as this is consistent with the spirit of section 5(2) of the Right to Free and Compulsory Education Act, which states that failure to produce a transfer certificate shall not be a basis for delaying or denying admission to another school.

CONCLUSION

The efforts made by the government to govern primary education throughout the Covid- 19 period were not only grossly insufficient but also promoted inequality and put students from the weaker sections, disabled children, as well as girls at a permanent disadvantage. In light of the aforementioned facts, it may be inferred that government and private schools, without comprehending the inherent discrimination, are creating a division among the student, which is not only a violation of Article 14 of the Constitution, Right to Equality but also against Right to Education which is essential for human development. As a result, in order to combat the aforementioned discriminatory behaviors, every state must develop a consistent education strategy that ensures the involvement of all children, particularly those from the poorer sections of society, in the provision of primary education during the Covid-19 crisis.

~Authored by Mehak Khan

REFERENCES

1. The right to education | UNESCO [WWW Document], 2022. . The right to education | UNESCO. URL https://www.unesco.org/en/education/right-education (accessed 6.30.22).

2. Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992, 1992 SCR (3) 658

3. Unni Krishnan, J.P. And Ors. Etc. ... vs State Of Andhra Pradesh And Ors. ... on 4 February, 1993, 1993 AIR 2178

4. Society for Un-aided Private Schools of Rajasthan v. Union of India and Anr. - Centre for Law & Policy Research [WWW Document], 2018. . Centre for Law & Policy Research. URL https://clpr.org.in/litigation/society-for-un-aided-private-schools-of-rajasthan-v-union-of-india-and-anr/#:~:text=Society%20for%20Un-aided%20Private%20Schools%20of%20Rajasthan%20v.,Union%20of%20India%20and%20Anr.%20April%2012%2C%202012 (accessed 6.30.22).

5. HRD announces guidelines for online classes by schools, recommends cap on screen time for students - Times of India [WWW Document], 2020. . The Times of India. URL https://timesofindia.indiatimes.com/home/education/news/hrd-announces-guidelines-for-online-classes-by-schools-recommends-cap-on-screen-time-for-students/articleshow/76961768.cms (accessed 6.30.22).

6. NSO report shows stark digital divide affects education - The Hindu [WWW Document], 2020. . NSO report shows stark digital divide affects education - The Hindu. URL https://www.thehindu.com/news/national/nso-report-shows-stark-digital-divide-affects-education/article32554222.ece (accessed 6.30.22).

7. NITI Aayog releases Strategy for New India @ 75 https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1556623 (accessed 6.30.22).

8. Kundu, P., 2020. Indian education can’t go online – only 8% of homes with school children have computer with net link . Scroll.in. URL https://scroll.in/article/960939/indian-education-cant-go-online-only-8-of-homes-with-school-children-have-computer-with-net-link#:~:text=Mission%20Antyodaya%2C%20a%20nationwide%20survey%20of%20villages%20conducted,47%25%20received%20more%20than%2012%20hours%20a%20day (accessed 6.30.22) .