ABSTRACT

Education as a tool is the most potent mechanism for the advancement of human beings. Education emancipates the human beings and leads to liberation from ignorance.it is important to eradicate poverty and uplift the backward society . Education is now being visioned as a human right and an instrument of social change.

Emile Durkhem Defined

‘Education’: The action exercised by the oider generation upon those who are not ready for social life . it’s object is to awaken and develop in the child those physical ,intellectual and moral status which are required of him /her both by his or society as a whole and by the milieu for which he is specially destined

Keywords: Right To Education; Free and Compulsory Education; Internal Declaration; Implementation; Constitution; Implementation, Combating Challenges, Fundamental Right, Higher Education.

The right to education is a universal entitlement to education .This is also recognized by the main instrument,Universal Declaration of Human Rights 1948 by way of Article 26(1) lays down that everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Thus, UN recommendation has been re-enforced in the provisions of the Right of Children to Free and Compulsory Education (RTE) Act 2009, which came into effect as on 1st April 2010. It aims to provide free and Compulsory education to children of age six to fourteen years under Article 21-A .Ensure that every child has his or her right to get a quality elementary education and to pinpoint the flaws in the existing RTE Act.

Introduction

Education is the This right to education also ensures to the provision of basic education for those who have not completed their basic education .Right to education includes the right to free,compulsory primary education for all,an obligation to develop secondary education accessible to all and an obligation to develop equitable access to higher education .

India has a total of 19% of the children population in the world and almost one-third of the illiterate population in the word .India can have the most educated population by using its resources to educate its youth. Education is a powerful tool for the uneducated population to grow and fully participate as citizens. According to ancient thinkers in India, Vidya or knowledge or learning or education is the ‘third eye’ of man, which gives him an insight into all affairs and teaches him how to act; it leads us to our salvation; in the mundane sphere it leads us to all round progress and prosperity.

Right To Education

The right to Education is a right provided by our constitution to ensure that every child gets primary education. The Right of Children to Free and Compulsory Education Act of 2009 is legislation envisaged in

Article 21-A of the Constitution of India which is read as “The State shall provide free and compulsory education to all the children of the age of six to fourteen years in such a manner as the state may, by law, determine”^[2].

It gave every child the right to have elementary education of good quality under the guidance of qualified teachers. This right gave every child an opportunity to attend school in neighbourhood. Here the term “free education” means that the child whose parents do not have enough resources to provide their child primary education will be given free education in neighbor school or as per the capacity of the state that child is residing in. This directly excludes the children whose parents have the capacity and resources to send their children to school.

The right of every child to have primary education is a human right and it is now given the status of a fundamental right. It is a fundamental right, but it is on up to each state how to give force to this fundamental right. This will also depend on the state’s capacity, power, resources and development.

Directive Principle of State Policy

Originally Right to Education was in Part IV of the constitution in Article 45 of the Directive Principle of State Policy (DPSP). It was in 1950 when this was put into the Constitution to provide quality education. But the government failed to keep this promise. Since DPSP are not enforceable by any court but the government has to keep in mind DPSP while making, enforcing and implanting any law.

No provision in the Constitution of India is prior to any other provision of the constitution. So, Article 45 which, was under DPSP (Part IV), was not enforced. Moreover, India’s education system was not adequate and compatible enough to provide education to every child in the country.

National Education Policy

1^st National Policy on Education came in 1968 at the time of Prime Minister Indira Gandhi. In 1986, 2^nd second National Policy on Education (NEP) was set up. Then two committees were made to review NPE.

The first one was: Ramamurti Committee in 1990 and the second report was: Janardhana Reddy Committee in 1992. These committees, to review the NPE, were made to implement NPE because NPE would have provided education to every child as human rights but also for the transformation of the country’s growth and development. Ramamurti Committee made a report which was tabled in the Parliament on 9^th January 1991. The committee made the following recommendations:

Development of common school system
Removing disparities in education
Promotion of women’s education
Value education
Early childhood care and education
Operation black board
Right to education
Navodaya Vidyalayas
Work experience

Resources for education

Constitutional Perspective Regarding Right to Education In India

Education is the most potent mechanism for the advancement of human being . It enlarges,enriches and improves the individuals image of the future. The founding fathers of the nation recognizing the importance of India .The commitment

Artical15(3)enables the state to make special provisions .
- Article 21A deals with Right to Education .
- Article 24 prohibits employment of childhood again exploitation and moral and material abandonment.
- The founding fathers made these safeguards to protect interest of the weaker sections of the society.
- Article 45 directs the state to provide free and compulsory education to all the children under the age of 14 years.

Further,Article46 declears that state shall promote with special care the education and economic interst of the weaker section of the people .it is mention here that among several Articles enshrined in part 4; Article 45 has been given much importance as education is the basic necessity of the democracy. In simple words, compulsory education is one of the elements for stability of democracy ,social integration and to climate social evils.

Judicial Interpretation

The judiciary showed keen interst in providing free and compulsory education to all the children below the age of 14 years . In the year the Supreme Court of india decided to public Interst Litigation case .

In Mohini Jain v. State of Karnataka^[3], a petition was filed under article 32 challenging the validity of the “capitation fee” imposed by private medical colleges in Karnataka charging high tuition fees from seats who failed to get admission to “government seats”. In this case, Supreme Court relates the human right of education with Article 21 by saying that the right to education is a

fundamental right under Article 21 of the Indian Constitution and also that education is the right of everyone that flows from birth. Supreme Court also said in the same case that charging high fees is a violation under Article 14 for being unfair, unjust and arbitrary.

In the case of Unni Krishna, J.P. & Ors. v. State of Andhra Pradesh & Ors.^[4],

the querying whether the “Right to Life” under Article 21 of the Constitution of India guarantees

a fundamental right to education to citizens of India or not.

role of economic resources in limiting the right to education
the interplay between Part III i.e. Fundamental Rights and Part IV i.e. Directive Principles and State Policy(DPSP)
whether the right to education includes adult professional education.

The court said that the right to free education is for children below the age of 14. States can provide higher education to such children under their own capacity for resource development and finances and also it can establish their own institutions while implementing Articles 41, 45 and 46 of the Constitution of India.

The division bench of the Supreme Court said that the ‘right to life’ is an essential element for all those rights which the Courts must enforce as they are important to the dignified enjoyment of life. The right to education moves directly from the right to life. The right to life provided under Article 21 and the dignity of an individual life is not being achieved unless it is tossed and coupled with the right to education.

Education in India can not be a product for sale. We hold that every citizen of India has the ‘right to education’ under the Constitution. The State is under a legal obligation to formed educational institutions to enable the citizens to enjoy the right mentioned above. The State may discharge its duty through State- owned or State-recognised educational institutions. When the State Government gives grants recognition to the private educational institutions it mandates an agency to fulfill its duty given and mentioned under the Constitution. The students must be given admission to the educational institutions – whether State itself owned or State recognized in bearence of their ‘right to education’ under the Constitution. Charging capitation fee for the purpose of admission to an educational institution is a violation of a citizen’s right to education under the Constitution.

Thus Supreme Court established harmony between the Part III and Part IV of the Constitution of

India and creating a right to education as a basic fundamental right. Also in another case of Bandhuwa Mukti Morcha v. Union of India and Others^[5] decided by Supreme Court, held that it is the solemn duty of states to provide education to children working in industries and factories and directed states to imply laws to provide education to children working in industries and factories.

In Islamic Academy of Education vs.State of Karnataka ,another issue arose for the determination of fees structure in private unaided educational institutions.It was submitted that management has been given complete autonomy not only as regard to admission of Students but also as regard to fee structure which could include a reasonable revenue surplus for the purpose of development of education and expansion of education .

The Apex Court also held that right of education further means that a citizens has right to call upon the State to Provide Education facilities within the limits of it’s economy Capicities and development . In connection to this , Supreme Court in the case of State of Bihar and others vs. Project Uchcha Vidhya , Sikshak Sangh and others vs. Union of India , also observed that establishment of High Schools may not be a constitutional function in the sense that citizens of India above 14 years might not have any fundamental in relation thereto, but education as a part of human development indisputably is a human right . Chief justice of India Dr. A.K . Lakshmanan rightly observrd .

“(E)ducation is perhaps the most important function of state and a local government .It is required in the performance of our most basic responsibilities , even service in the armed forces. It is the very foundation of good citizenship. Today ,is the principal instrument in awakening the child to his cultural values , in preparing him for later professional training , and in heping him to adjust normaly to his environment . In these days , it is doubtful and child may reasonable be expected to succed in life if he is denied the opportunity of education .

Tapas Majumdar Committee

In 1999, the National Democratic Alliance government established a committee to look into the financial implication to operationalize the 83^rd Amendment. This committee was Tapas Majumdar Committee. The 83^rd Amendment was introduced by the United Front government in 1997 aiming to make the Right of Children to Free and Compulsory Education a Fundamental Right for children up to age 14.

The committee suggested that “the total additional requirements for UEE of Rs. 137,000 crores over the next ten years would be sufficient to provide a primary school with at least two teachers and two rooms within one kilometer of every habitation in India, at least three teachers and a room for the Headmaster in Upper 44

Primary schools, at least one Upper Primary school tor every two primary schools, and full coverage of disabled children in the school going age group. Provision for distribution of teaching-learning materials has been made for all children.

The coverage for scholarships and uniforms has been restricted to poor children and provision for 50 % of all children has been provided. Mid Day Meals/foodgrains distribution program has been limited to poor regions and here again a 50 % coverage has been suggested.”

Eighty-Sixth Amendment Act, 2002

The act of Right of Children to Free and Compulsory Education of 2009 was given a spark only in 2002 with the introduction of the 86th (Eighty-Sixth) Amendment Act. This act aimed to make the Right to Education a fundamental right. However, this amendment specified the need for legislation that can be enforced to education compulsory for everyone. The following changes were made after 86th Amendment Act:

Insertion of Article 21-A which read as : “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.”

Substitution of new article for Article 45: “Provision for early childhood care and education to children below the age of six years.- The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.”
1. Amended article 51A (Fundamental Duties) by inserting clause (k) which read as: “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Right To Education Act, RTE 2009

Historical Background

1950: Constitution of India provided under Article 45, as one of the directive principles of State policy, which states that: The State shall endeavor to provide for a period of ten years from the inception of the Constitution, for free and compulsory education for all children until they reached the age of fourteen.

1968: First National Commission established for education under the supervision of Dr. Kothari and submits its reports. It introduced several far-flight changes as a uniform syllabus for both boys and girls, mathematics and science should be made as compulsory subjects and It is also proposed a common school system.
1976: Constitutional amendment for making education in a concurrent subject (responsibility of central and state) was passed.
1986: The National Policy on Education (NPE) supports to Common School System (CSS) and was formulated. Subsequent NPE’s endorsed CSS but it has never been implemented.
1991: A book is written Myron Wiener bearing the title The Child and State in India: Child labour & Education in comparative perspective highlighting the states’ failure to swap up child labour and exploitation on child and enforce compulsory education in India.
1993: The Supreme court in the case of Mohini Jain and Unnikrishnan vs State of Andhra Pradesh ruled that the right to education is a fundamental right that flows from the Right to life in Article 21 under Indian Constitution.
1997: Constitutional Amendment for making Education as a fundamental right was introduced.
2002: 86th Constitution Amendment takes place and insertion of Article 21A has been done, which states that “The State shall be bound to provide free and compulsory education to all children of the age group between six to fourteen years in such as a law, determine.” This 86th Amendment also brings changes in Article 45 which reads as “The state shall endeavor to dispense early childhood care and free education for all children until they reached the age of 6 years”. And also added a new fundamental duty under Article 51A(K).
2005: CABE committee report established to draft the Right to Education Bill submits its report.
Every time a new phase or version was placed until it was presented in Parliament in 2008.
The bill was approved by the cabinet members on 2 July 2009.
Lok Sabha passed the bill on 4 august 2009 and the Rajya Sabha on 20 July 2009.
It received President assent and was conferred as the law on 3 Sept 2009 as The Children’s

Right to Free and Compulsory Education Act RTE, 2009.

After many schedules of meetings, drafting and redrafting the right to education act was made which is a genuine instrument to full fill the basic demand and securing social justice for every child. This policy work on 4A’s which tells about what education means to them and their present situation in the context of this ideology.

Availability – In that sense education is free and the government is bound to fund the education and expert teachers in his/her subject and well qualified are there and sufficient infrastructure able to support educational framework.

Accessibility – Means the education is for all, there is no sense of discrimination especially to support the weaker section of the society.

Acceptability – That the value of education is appropriate, there is no discriminatory and culturally acceptable, and subject to some quality; that the school place which is harmless and teachers are well qualified.

Adaptability – That education dynamic and develop with the changing needs of society and its people and contribute to overcome the inequalities, such as sex discrimination.

Main features of the Right to Education Act

Compulsory and absolutely free education to all children of India, between the age group of 6 to 14.
No child shall be put off, expelled and scold or required to pass a board examination until he reached up to elementary education.
If a child above the age of 6 years has not been admitted to any school or may not complete his or her elementary education, then he or she shall be admitted to a class which is according to his or her age. However, if the case may be where a child supposed to be admitted in a class according to his or her age, then, in order to comparison with others, he or she shall have a right to receive special training and special care within such time limits as may be prescribed. Provided further that a child so admitted must have the right to elementary education and guaranteed free education till he/she completes the elementary education even after he/she reached the age of 14 years.
Proof of age to take admission: For admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Marriages and death Registration Act 1856, or on the basis of such other documents as may be provided in the annexure. however, no child shall be left out for admission in a school for lack of age proof or other documents.
When a child who completes his/her elementary education shall be given a certificate
Call needs and attendance need to be taken for a fixed student-teacher ratio.
Twenty-five percent reservation for economically disadvantaged and weaker communities in admission to Class I in all private schools is to be compulsory.
Improvement in the quality of education should be dynamic and important.
School teachers will need adequate professional degree within five years or not fulfill the condition might lose the job.
School infrastructure (if there is a problem) need to be improved in every 3 years, else recognition to that particular school will be canceled.
The Financial burden will be shared between the central and the state government as an educational subject comes under the concurrent list.

Observation

According to my research, it seems likely to me that there was awareness about spreading the awareness of the importance of education across the country. But this sense of awareness was limited to a small number of people. There was little or no government intervention until 1990 when the implementation recommending committee came.

Before 1990, there was an Emergency during Indira Gandhi’s tenure, inter- states conflicts, boundary disputes with the Republic of China, the Tibet issue and the Cold War happening in the world. Also, India was one of the founding members of Non- The aligned Movement. In between all of this, India’s basic

features were at stake and also there was a conflict between the Judiciary and the Legislation of the country.

In midst of all these issues, the development of education and others was not seen as necessary. After soon after the awakening, education was given a push. Today India has a 74% literacy rate according to the census of 2011. Also, India became one of the 135 countries to make the Right to Education a Fundamental Right.

India is still a developing country. It is 2nd (second) populated country. This is a negative factor as it leads to more illiteracy. India has the world’s largest illiterate population according to UNESCO’s Education For All Global Monitoring Report (GMR) 2014.

Right to Education Act 2009 came to effect on 1st April 2010. It provides that every ‘poor’ child shall get a compulsory education in neighbor school and that child is not allowed to pay his fees as he is already poor to afford an education at all.

Ever since this act came into effect, several private unaided schools filed a petition in the Supreme Court challenging the validity of the concerned act. The main aim of this petition was to challenge the 12(1) (c) of the act which read as:

“Specified in sub clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty- five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory education to its completion..”

Section 12(1) (c) is read with 2(n) (iv) and the petition challenging the validity of the section in the case of Society for Un-aided Private Schools of Rajasthan v. Union of India.

Conclusion

The right to education is a universal entitlement to education. The right to education was introduced in 2009 and enacted in 2010. It is provided by our constitution to ensure that every child gets primary education. The Right of Children to Free and Compulsory Education Act of 2009 is legislation envisaged in Article 21-A of the Constitution of India.

It is a universal right and is basically a primary right of a growing city. Earlier it was a Directive Principle of State Policy but given a shape of Fundamental Right that to be in article 21 of the constitution-making it

important to live a life. It becomes as article 21- A went through a long journey. Hence, in the end, it received

its recognition. It provides that every ‘poor’ child shall get a compulsory education in neighbor school and that child is not allowed to pay his fees as he is already poor to afford an education at all.

The right to Education is one of the best legislation in our country. As per the layman’s perspective, the provision is either good or bad but the law holds the accountability, more. A famous philosopher has said that “law is the public conscience” – Thomas Hobbes. Law is made for the welfare of society and not for the purpose of making the welfare of oneself.

Providing seats to children in unaided and unaided minority schools is good enough to pursue the dream of development of society which will lead to the stem of equal participation of everyone and education is the root of all such prospective.

End Notes

Emile Durkhem, Education et Sociologie p.262 (1992).
Article 21-A of the Constitution of India, 1950 [3] AIR 1992 SC 1858
Mohini jain vs. State of Karnataka , Air 1992 SC 1858. The court observed that right to life was a compendious expression and the dignity of an individual could not be assured unless it was accompanied by the right to education . The court declared that right to education flows directly from right to life.
Article 21A of Constitution of India, 1950
Article 45 of Constitution of India, 1950 [7]Eighty-Sixth Amendment Act, 2002

[8] Right To Education Act, RTE 2009 [9]https://indiankanoon.org/doc/48937/

DEVELOPMENT OF RIGHT TO EDUCATION AS A FUNDAMENTAL RIGHT IN INDIA