RIGHT TO EDUCATION

This article is written by Dakshita Singh of 1^st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya.

ABSTRACT

India’s Right to Education (RTE) policy is an important step on the path of commitment to guarantee the right to education as a privilege of every citizen. Article 21A of the Constitution of India contains the Right to Education which states, every child in the age group of six to fourteen years shall be provided free and compulsory education. The first notable law contemplating a right to education in India was enacted in 2009 through the Right of Children to Free and Compulsory Education Act against the historical trends seeking to promote ideologies of ‘equity and equalization’ in education, fought over several social movements and global conventions advocating the incorporation of education as a significant determinant of one’s development as well as the development of the community.

Though intended to be a step forward, the enforcement of RTE has faced numerous obstacles such as unprepared systems, the lack of qualified personnel and socio-economic factors that create barriers particularly for the disadvantaged. At this juncture, even as India grapples with these difficulties, Rest of the World is – A Right to Education retains its position as a fundamental right in combating educational injustices and the needs of children in the changing economic order. In view of the present amelioration of the RTE debate, there is a call to action with regards to the insistent need of the innovative approaches to be put in place in order not only to harness the power of the RTE but also to ensure each and every child reaps the benefits of education which is capable of transforming their lives.

KEYWORDS

Free and compulsory education, RTE Act 2009, New education policy 2020, SMC, Discrimination.

INTRODUCTION

The Right to Education (RTE) adoption in India is a far-reaching legal structure that establishes education as a basic right for children in the age group of six to fourteen. Which was introduced in the Indian Constitution in Article 21A and later given effect to by The Right of Children to Free and Compulsory Education Act enacted in 2009, the RTE aims to reach every child and to provide every child a right to better quality education without any discrimination. This legislation is not a sudden invention but has evolved historically due to the social movements for the cause of education equality and the value of education in development and progress.

The RTE Act enforces free and compulsory education and it clearly defines the roles of government, schools and parents in relation to education. It aims at removing the impediments to education especially in the form of economic and social inequality by banning practices like capitation fees and making sure that there are schools in every neighbourhood. Nevertheless, its challenges are many, ranging from lack of adequate facilities, shortage of qualified teachers, and issues of inclusiveness and quality. Although India is working towards achieving the universal education goal, RTE is an essential paradigm year addressing and the educational needs of the children in the country which is constantly changing in its socio-economic structures.

HISTORICAL DEVELOPMENT OF RIGHT TO EDUCATION[1]

An account of the development of the Policy of Right to Education (RTE) in India is worthy of mention as it portrays the Indian ethos of social justice and equality. The seeds of educational reform were sown even before the country won independence, when social reformers Jyotirao Phule and Dr. B. R. Ambedkar were fighting for the cause of education for the masses, especially for the weaker sections of society. Since independence in 1947, the constitutional architects were conscious of the role of education in promoting social and economic advancement, although the right to education was never articulated in the text of the Constitution.

The Kothari Commission which was formed in the year 1964 recommended free and compulsory education for all children up to the age of fourteen years. The commission is credited for spearheading better educational policies in that it made recommendations that were the basis for legislation such as the constitution of education policy in the country. The right to education was recognized by the 86^th amendment of the constitution in the year 2002, which included the right to elementary education in Article 21A that states the state shall provide free and compulsory education to all children between the age of six to fourteen years in the country.

This provision in the Constitution also facilitated the passage of the Right of Children to Free and Compulsory Education Act in the year 2009, which was a landmark development in the field of education in India. The RTE Act made provision for a detailed legal framework with an aim to guaranteeing quality education, abolishing donation system in schools and setting up the minimum requirements of infrastructure in schools. Furthermore, it also provides for the reservation of seats for the backward classes and therefore ensures equity.

LANDMARK CASES FOR DEVELOPMENT OF RIGHT TO EDUCATION

Almost every country has adopted a policy of RTE but it could not be uniformly implemented in all the states. Over the years, quite a few important verdicts in India have determined the contours of Right to education (RTE) and its enforcement. Some of these include:

Unni Krishnan vs. State of Andhra Pradesh (1993)

This historic ruling of the Supreme Court of India highlighted that Right to Education is a fundamental right within the ambit of Article 21 (Right to Life) of the Constitution of India. The bench recognized the duty of the state to provide free and compulsory education to children below the age of fourteen years. The case served as the backdrop for the later introduction of the Right to Education Act 2009[2].

Mohini Jain v State of Karnataka (1992)

In this instance, the Supreme Court determined that Article 21 protected the right to education as a fundamental right. The court maintained that the state has no right to refuse admission to students in educational institutions without reasonable grounds since education is crucial for the growth of individuals and society[3].

People’s Union for Civil Liberties v Union of India, 2001

It was a PIL regarding the right to food and education. Hence, it came before the Supreme Court. The bench ordered the state to provide mid-day meals to children attending schools which imposed a link between the right to education and food. The court was of an opinion that sufficient food intake is a necessary condition for the acquisition of learning skills[4].

S.C. v. State of Uttar Pradesh (2019)

The Supreme Court in this case stressed the significance of the Right to Education once again and held that all children must have the right to quality education provided by the state. The court underlined that The RTE Act does not merely provide for accessibility to education for children but also provides for the accessibility of educational facilities and other supportive systems and infrastructures to aid learning[5].

M.C. Mehta v. State of Tamil Nadu (1996)

The case dealt with the issues of child labor and how it affects education. The instructions given by the Supreme Court were to the effect that children should be free from any kind of work and more so it is the duty of the government to ensure that all children attend schools without discrimination. The verdict stated the apparent link between the right to education and the rights of children[6].

Vishaka v. State of Rajasthan (1997)

This case dealt with sexual harassment at the workplace, but also established that there should be guidelines in place, to prevent sexual harassment in educational institutions. The court underscored the need for safe and healthy educational facilities, thus establishing the right to education, further affirms that the right to education encompasses a right to be educated in a healthy atmosphere[7].

Ashoka Kumar Thakur v. Union of India (2008)

Here, the Supreme Court of India upheld the Constitution 93^rd Amendment providing for reservation of seats for Scheduled castes, Scheduled tribes and Other Backward Classes in educational institutions. The court said that education is a fundamental right and cannot be denied to any citizen due to affirmative action[8].

These precedent-setting decisions have played a great role in the establishment and execution of the Right to Education in India. They show the importance of the judiciary in interpreting the Constitution as making education available, accessible, and of good quality to every child. These judgments have influenced the design of educational policies and have advanced the notion that education is central to the growth of people and that of society, and it should therefore be treated as a fundamental human right.

KEY PROVISIONS OF THE ACT

In India, the Right to Education (RTE) Act of 2009 contains a number of provisions aimed at providing education to all children between the ages of six and fourteen years. The main provisions are as follows:

Free and Compulsory Education: There is a provision in the Act that every child aged between 6 to 14 years shall be entitled to free and compulsory education provided by the state.

Capitation Fees: The Act expressly forbids the imposition of capitation fees which are charges for admission in the form of donations or any other means, for such children of that age thus preventing them to be deprived from accessing.

Neighborhood Schools: The Act states that neighborhood schools must be set up so that there is no need for children to go far away in search of education.

Educational Standards: The RTE Act highlights the importance of providing quality education by providing guidelines with regard to the provision of facilities such as proper classrooms, toilets, water for drinking and washing purposes, play grounds, etc.

Teacher Qualifications: The Act provides for the qualifications and training of teachers as laid down by the National Council for Teacher Education (NCTE) which must be adhered to by each and every teacher, if quality teaching is to be achieved.

Socially Disadvantaged Groups: Provisions are also made for the reservation of seats in favour of children belonging to disadvantaged groups that include Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes who are socially and economically lagging.

School Management Committees (SMCs): The Act provides for the creation of School Management Committees (SMCs) in every school as a way of enhancing community involvement in the school as well as the decision-making processes.

Monitoring and Evaluation: The Act further provides for the framework based and guidelines for the monitoring of the implementation of the RTE and the levels of responsibility within the education system.

No Discrimination: No discrimination of children on any ground including gender, caste or disability shall be permitted in the pursuit of education enabling and encouraging all children to go to school.

Right to Quality Education: In addition to providing opportunities for schooling, the RTE Act goes further to provide for the right to quality education for children enhancing the provision of all round development.

Syllabus and Appraisal: The Act promotes the enactment of a syllabus that is tailored to the needs of the child and nourishes their growth as well as relevant assessment techniques.

These significant provisions together seek to promote inclusion, equity and quality in education in all parts of the Indian education system so that every child can learn in the way they want to, in a conducive atmosphere.

IMPORTANCE

The Right to Education (RTE) is a fundamental human right that is essential for every individual as well as the general development of society. This can be understood more clearly through the following points.

Empowerment and Equality: It is imperative that all inhabitants of a society have to acquire the RTE as it is the basic means available to them to better their lives. This is aimed at fostering equality since all children regardless their socio-economic background, gender or disability should be given the same quality education. Breaking this vicious cycle and promoting more balanced society is quite essential.

 Contribution to Economic Development: Primary education geared towards the children is a significant step in the growth of a nation’s economy. In this case, The RTE aims at providing a more educated workforce, which is an asset to any nation. In turn cut down on this idleness by each individual being involved in bettering the country’s economy, thereby increasing production and general economic growth.

Social Cohesion: Education enhances social cohesion by fostering understanding, acceptance, and tolerance amongst different groups of people. In ensuring that all RTE encourages taking up of education by all sections of the society, inclusiveness within different communities helps in curb the cultural diversities. Such courses are important for peace and stability within communities.

Improved Health and Well-being: Health positively correlates with the level of education. People with high education levels are more likely to make better health decisions, seek treatment when necessary, and appreciate the need for good eating habits and cleanliness. More individuals and the whole community’s health will be enhanced by the RTE making the health system affordable and improving theliving standards.

CHALLENGES

Despite the fact that the Right of Education (RTE) is a crucial step in ensuring that every child has access to quality education, there are many concerns that undermine the mechanisms of its practical realization. The concerns may be regional or contextual but, in general, they are as follow:

Infrastructure Deficiencies: A number of schools especially those found in the rural and disadvantaged regions suffer from lack of appropriate facilities including classrooms, pit latrines and teaching aids. Bad infrastructure could discourage enrollment and lower the quality of education offered.

Shortage and Quality of Teachers: There is, more often than not, a scarcity of competent and qualified teachers especially in the regions that are remote. Most importantly, a number of these teachers might be untrained or suffer from lack of up-to-date professional development hence, it affects the teaching quality and its outcome for students.

Socio Economic Barriers: Children who are members of families that do not earn above a certain level of income can be schooled, but not for free due to affordability. It is the case particularly for school-related things such as uniforms, books, transport and any other costs.

Cultural and Social Norms: In some cultures, and societies, gender roles and the associated cultural values give other activities priority to education – this is more common to girls. For instance, marriage at young ages, responsibilities in the home, as well as societal norms can all curtail education for some groups.

Discrimination and Inequality: Educational opportunities are also restricted for some children belonging to marginalized group of lower castes, ethnic minorities and even children with disabilities. Such inequalities can take forms like harassment, denial of access to school facilities, and lack of adequate resources for support services.

 Political and Administrative Issues: The implementation of the RTE can be compromised due to lack of political will and poor governance. Such factors as bureaucratic inefficiency, corruption and lack of control could result in wastage of resources and bad policies.

Revisions Due to Natural Calamities and Wars: Floods, earthquakes and wars are examples of forces or natural events that can interfere with the educational process of children and even uproot them from their houses. It is at times even more difficult to improve access to education in difficult situations and most of the children may never step in school again.

Technology Gaps: The growing demand for education through the use of digital technology especially during the treatment of covid-19 has widened the technology gap. A good number of the children do not have the internet connection and also digital devices which affects their contrition on remote learning and general education in the resources.

Unconsciousness: The Right to Education and its provisions could be unknown in some parts. Parents and the community may not know their rights or the need for education thereby resulting in lower figures of enrollment and retention.

 Education Standards: Even when children go to school, the education they receive may not be of good quality. There could be problems like teaching people with the information that has been tailored without employing modern methods, too much use of memory to learn, and poor promotion of critical and creative ways of thinking which may lower education standards.

EDUCATION FOR ALL

The movement ‘Education for All’ is a worldwide campaign which propounds the access to qualitative education as a basic right of every individual regardless of their education, economic level and the area they come from. In connection to Right to Education (RTE) in India, the aforementioned principle is incorporated within the RTE act of the year 2009, which provides for free and compulsory education for the children between 6 to 14 years of age. It is also a great milestone in the achievement of the aim of universal education whereby every child is able to learn and develop.

The RTE Achievement’s Act presents some of the qualified features which goes hand in hand with the “Education for all” doctrine. First of all, it requires to ensure free given education for everyone which helps to overcome a common barrier for many which is encouraging enemies to attend school. This kind of provision is very important for the poor and the marginalized social groups as it ensures that every potential student will have the access to education irrespective of how educatively-rich the environment they come from is.

In addition, the Act provides for quality education by stating the requirements of the various levels of infrastructure, teachers’ qualification, learning outcomes etc. It is aimed at all the children, especially the less privileged to encourage a situation where everyone can succeed. The Act made it clear that there should be no bias against individuals based on their caste, sex, or disability for that matter enhancing the access to education for everyone.

Moreover, the RTE Act provides for the way the community is serviceable by creating School management committee (SMC) that consists of the parents and other members and manage the schools. Through this way participation, accountability is promoted and the services required from the people are rendered.

Along with these existing provisions, the new provisions and policies brought in from, for example, the National Education Policy (NEP) 2020, also reinforce the commitment to ‘Education for All’ as advocated in Indian constitution. NEP provides for foundational literacy and numeracy, vocational education, and the use of technology in education and all these aimed at improving the quality and accessibility of education.

In summary, the Right of Children to Free and Compulsory Education in India remains an important tool for the promotion of ‘Education for All’ objectives. It endeavours’ to equip every child with the relevant knowledge and abilities to advance themselves as well as the society in which they live thus ensuring a more just and prosperous society.

RECENT DEVELOPMENTS

In recent times, the nature of the Right to Education (RTE) in India has been witnessing changes and improvements in accessibility and provision of education. For instance, the RTE Act was revised and re-enacted in 2020 where there was an introduction of new provisions increasing the age limitation for children’s free and compulsory education from the previous enrolment of 6-14 years to 3-18 years up to incorporating preschool and upper secondary education. This amendment is in line with the National Education Policy (NEP) 2020, which seeks to develop a new curricular framework representing 5+3+3+4 years to provide for children’s cognitive development stages while also giving priority to basic literacy and numeracy. Further, the PM Schools for Rising India (PM SHRI) guidance has also been launched with a focus to build model schools in excess of 14,500 in number which will adhere to the NEP precepts on equitable and inclusive schooling. In addition, the government has increased budgetary allocations for education significantly which will culminate in Rs 1,12,898.97 crore in 2024 which demonstrates commitment to the enhancement of the education sector in terms of its infrastructure as well as quality. Because of the advent of the COVID-19 pandemic, programs such as PM eVidya have been developed for the ease of learning through the distance mode- this shows the need of e- learning. The NEP also calls for vocational education to be offered in schools, with the objective of making 50 percent of the population exposed to vocational training by this year in order to

Increase skills for the labor market. In this regard, teacher empowerment strategies, which incorporate instruments such as the Pandit Madan Mohan Malaviya National Mission on Teachers and Teaching, seek to enhance the quality of teacher training and their continued professional development. In addition to that, there is also a provision in the RTE Act, which encompasses the mechanism for monitoring adherence to and enforcement of specific provisions of the Act which provides checks and balances in the education system. Education for all continues to be the main focus of various educational endeavours’ which seek to tailor education to several outcast groups. In addition, recent changes in the education system emphasize the enhancement of not only access but also quality aspects to learning experiences. All these changes, taken together, indicate a more integrated perspective in enhancing the Right to Education in the country with respect to every child envisaged having a fair, just and good quality educational system.

CRITICISM

Education is often upheld as a basic human entitlement to improve the attendance levels at schools. This, however, has numerous criticisms. For instance, there is a serious concern of a disconnection between the written laws and practical realities since many kids do not go to school because there are no good schools within their reach, no enough qualified teachers or the schools have very few materials and resources. Critics also contend that although the RTE law portrays itself as one focused on the need to enroll everyone, the actual education provided in many of the schools is often very poor, having old and irrelevant curricula and incompetent teachers. This focus on enrollment may consequently encourage a “tick the box outlook” where numbers are put into consideration rather than real progressive outcomes of education. Besides, the critics of the RTE contend that it did not concentrate on the unique problems of children with disabilities, and lower caste children, thus fostering disparities in educational access. Additionally, strong bureaucracy and the widespread corruption have also affected the execution of the RTE since processes tend to be lengthy and lead to a waste of resources. Also, the concept tends to be discouraging towards parental and community participation because of the education in which many parents do not know what rights they possess or how to go about fighting for the education of their children. Critics have also noted that the RTE does not consider the varying contexts of different communities which have cultural and social aspects which differ and thus is ethnocentric and stresses formal education while neglecting other means such as vocational training.

CONCLUSION

To sum up, the Right to Education (RTE) constitutes an epochal advancement in the global endeavour to ensure every child’s access to education; however, several barriers and criticisms stand in its efficacy. Difference between the rhetoric and reality, an emphasis on enrollment instead of quality education, and failure to include all social categories in enforcement suggests the difficulties of such a fundamental right. Furthermore, inefficiency of bureaucracies, minimal participation of citizens and insufficient resources adds to obstacles to access education. In order to transform the RTE from mere rhetoric to actual practice, it is important to pursue a multipronged strategy which emphasizes access as well as quality and relevance of education. This entails regular interactions with different stakeholders, special measures for specific groups, and ways of educating people that are not rigidly set in one style. Only then, the society can dream of building an inclusive and just education system that will guarantee all children the opportunity to enjoy their rights to the maximum. Ultimately, the Right to Education needs to develop past the boundaries of just being a legal construct, finally allowing each child to experience it in reality, one which will help transform both the individual as well as the society to which such individual belongs.

REFERENCES

1. Almeida, F. A. (2019). International Journal of Law and Social Sciences. Retrieved from (IJLS): file:///C:/Users/royal/AppData/Local/Microsoft/Windows/INetCache/IE/P3NKG71B/Right-to-education-in-india[1].pdf
2. Ashoka Kumar Thakur vs Union Of India And Ors, 6 SCC 1 138 (Supreme court of India April 10, 2008).
3. M.C. Mehta vs State Of Tamil Nadu And Others, AIR 1997 SUPREME COURT 699 (Supreme Court of India December 10, 1996).
4. Miss Mohini Jain vs State Of Karnataka And Ors on 30 July 1992, 1992 AIR 1858, 1992 SCR (3) 658 (The supreme court July 30, 1992).
5. People’s Union Of Civil Liberties … vs Union Of India (UOI) And Anr. on 18 December 1996, AIR1997SC568 (Supreme court of India December 18, 1996).
6. Prem Singh vs The State Of Uttar Pradesh Secretary on 2 September 2019, AIR 2019 SUPREME COURT 4390 (Supreme Court of India September 2, 2019).
7. Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc, 1993 AIR 2178, 1993 SCR (1) 594 (Supreme Court of India Feb 4, 1993).
8. Vishaka & Ors vs State Of Rajasthan & Ors, AIR 1997 SUPREME COURT 3011 (Supreme Court of India August 13, 1997).

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[1] Almeida, F. A. (2019). International Journal of Law and Social Sciences. Retrieved from (IJLS): file:///C:/Users/royal/AppData/Local/Microsoft/Windows/INetCache/IE/P3NKG71B/Right-to-education-in-india[1].pdf

[2] (Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc, 1993)

[3] (Miss Mohini Jain vs State Of Karnataka And Ors on 30 July 1992, 1992)

[4] (People’s Union Of Civil Liberties … vs Union Of India (UOI) And Anr. on 18 December 1996, 1996)

[5] (Prem Singh vs The State Of Uttar Pradesh Secretary on 2 September, 2019, 2019)

[6] (M.C. Mehta vs State Of Tamil Nadu And Others, 1996)

[7] (Vishaka & Ors vs State Of Rajasthan & Ors , 1997)

[8] (Ashoka Kumar Thakur vs Union Of India And Ors , 2008)

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