Abstract
The right to education in India has undergone a tremendous change and has become a constitutionally protected fundamental right under Article 21, which provides for the Right to Life and Personal Liberty. This paper analyzes how education transforms from a simple directive principle to an enforceable right through judicial activism and legislative amendments, in particular, the landmark 86th Amendment and the Right to Education Act, 2009. By analyzing the pertinent judgments such as Mohini Jain v. State of Karnataka and Unni Krishnan, J.P. v. State of Andhra Pradesh, this paper gives attention to the role that the judiciary has played to interpret and enforce that right. It also dwells on the practical execution challenges of the Right to Education, which include problems in infrastructure gaps, problems in quality, and social inequities. The paper has thus reinforced the idea about collaborative efforts from governments and educators and civil society by making the best use of it to ensure it transforms into people’s lives and remains for empowerment and social justice.
Keywords
Right to Education, Article 21, Indian Constitution, judicial interpretation, 86th Amendment, Right to Education Act, social justice, fundamental rights and implementation challenges.
Introduction
A country builds its future on a foundation called education. The very nature of education has the ability to empower citizens, create economic development, and set a stage where equal opportunity becomes a real practice rather than an ideal theory. The importance of education in the Indian context runs far beyond the books a student might read for examination purposes as it addresses grave social inequality and empowers marginalized sections of society. The Indian Constitution is a living document which responds to the changing times and societal needs and recognizes the transformative power of education.
When India became free, the primary goal still was nation building, and with this view, education as an important tool to achieve this objective gained importance. On the other hand, it initially became embedded in the Directive Principles of State Policy as laid out under Article 45 which called upon the State to work towards delivering free and compulsory education amongst all children up to age 14. This is the constitutional arrangement that did not make education into a legally enforceable right so, it was still just a guiding principle though. As India changed, and people’s aspirations thus went up, the cause for education being a right earned momentum. The judiciary began reading Article 21-right to life-by interpreting that in order for the right to live, it was pointless without enjoying education with dignity. So, education as a fundamental entitlement, though it evolved from a directive of state policy into that. The Supreme Court’s intervention, in cases like Mohini Jain v. State of Karnataka and Unni Krishnan, J.P. v. State of Andhra Pradesh, fundamentally changed the legal landscape. These judgments were eye-openers where the proposition was established regarding the fact that education establishes an intrinsic link with right to life and must so be identified. The 86th Constitutional Amendment in 2002 inserted Article 21A in the Constitution-an landmark amendment since it was now that education for children of age 6-14 years was declared as fundamental rights. Still, such rights are not obtained sans fights. But turning this legal entitlement into daily life for hundreds of millions of children nationwide is quite another story. The difficult question remains, how is this right best to be implemented in India, this vast and very diverse nation? Challenges from the angle of inadequate infrastructural systems, the kind of quality education provided, high drop-out rates, and more importantly, wide disparities existing between rural and urban education systems still dominate the problem.[1]
This paper explores the evolution of the Right to Education under Article 21, tracing its judicial and legislative history and examining the impact of various laws and policies. It also takes a close look at the challenges faced in implementing this right and the measures needed to overcome these obstacles. At its core, the Right to Education is about more than just classrooms and textbooks but it is also about ensuring that every child, regardless of their background has a fair chance at a better life.
Constitutional Basis and Evolution of the Right to Education
The right to education in India has undergone a profound transformation, rooted in the country’s constitutional framework and shaped by judicial interpretation and legislative amendments. Originally, the framers of the Constitution emphasized education in the Directive Principles of State Policy under Article 45. This provision urged the State to make efforts to provide free and compulsory education for children up to the age of 14 within a decade of the Constitution’s adoption. But, because these principles were non-enforceable or non-binding, the fulfilment of this vision faced significant delays and challenges.
The journey of transforming education from a directive into a fundamental right began through judicial intervention. The Supreme Court, in the early 1990s, played a crucial role in this transformation. The breakthrough case Mohini Jain v. State of Karnataka (1992)[2] established that the right to education is implicit in the Right to Life under Article 21, recognizing that education is vital for an individual’s dignity and personal development. This judgment marked a paradigm shift in this transformation but it was the subsequent case of Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)[3] that provided a clearer framework. The Supreme Court delineated the State’s obligation, ruling that education is a fundamental right for children up to the age of 14 and articulating the need for structured governmental support to make this right a reality.[4]
In response to these judgments and increasing societal demands, the government took a decisive step by enacting the 86th Constitutional Amendment in 2002. This amendment introduced Article 21A, which explicitly made free and compulsory education for children between the ages of 6 and 14 a fundamental right. This constitutional change underscored the State’s binding obligation to ensure access to education, elevating it from an aspirational goal to an enforceable right. The amendment revised Article 45 to prioritize early childhood care and included Article 51A which emphasizes parental duty in facilitating education.[5]
Later, The Right of Children to Free and Compulsory Education Act, 2009, operationalized Article 21A, specifying mechanisms for providing education and setting quality standards. This Act not only addressed access but also laid down norms for teacher-student ratios, infrastructure and a no-detention policy to support student retention and overall development. In essence, the evolution of the right to education reflects a continuous commitment to social empowerment and equity. The Indian constitutional framework, supported by progressive judicial interpretations and legislative initiatives has transformed education into a key pillar of the Right to Life, emphasizing its role in fostering a just and inclusive society.
Interplay Between Article 21 and Article 21A
The interplay between Article 21 and Article 21A of the Indian Constitution thus highlights the integral link between the right to life and the right to education. Article 21 guarantees the Right to Life and Personal Liberty, interpreted by the judiciary to encompass a wide range of rights that are essential to living a life of dignity. It was through the very broad interpretation that led to the Supreme Court setting some precedents in such cases as Mohini Jain and Unni Krishnan. In these cases, the Court declared that right to education is a constitutional component of the Right to Life. The Court indicated that a meaningful and dignified existence is impossible for individuals without education because the very act of education propels them to assert themselves over their rights and work within society.
Article 21A, which was introduced by the 86th Constitutional Amendment, further builds on this foundation by explicitly recognizing the State’s obligation to provide free and compulsory education to children aged 6 to 14 years. It concretizes the right to education which makes it a direct and enforceable responsibility of the State. While Article 21 provides the philosophical and judicial underpinning for the right to education as a component of a dignified life, Article 21A operationalizes this right by defining the duty of the State and transforming an implicit judicially recognized right into an explicit constitutional guarantee.
Together, Articles 21 and 21A present a unified structure which clearly underlines the fact that education is not only a fundamental constituent of the Right to Life but also an original right empowering citizens and building up the fabric of democracy. In other words, the concrete articulation of this right through Article 21A gives an effect to the abstract principle of living with dignity under Article 21 through the real provision of education to every child.
Challenges and Implementation Issues
Despite the progressive strides made in enshrining education as a fundamental right, the practical exercise of this right across India has been fraught with difficulties. To translate the constitutional promise into meaningful outcomes for children, fast and coordinated efforts are required especially in a diverse and populous country like India to overcome persistent hurdles.
The biggest challenge still remains in the inadequacy of school infrastructure, especially in rural and poverty-stricken areas. In most schools, there are still very basic amenities like safe drinking water, adequate sanitation, sufficient classrooms, and other teaching tools and equipment. Such a deficiency makes it challenging to set up a learning environment conducive to retention of students as well as quality education. In many rural areas, most children walk long distances to reach school, and overcrowding in the classrooms compromises what is taught.
The quality of education is another major challenge. Enrollment rates have improved over the years, but learning outcomes are still a concern. Many children in primary schools lack foundational literacy and numeracy skills, and the education system is often criticized for prioritizing rote learning over critical thinking and creativity. The shortage of well-trained and motivated teachers exacerbates this issue. The teacher absenteeism rate, poor training, and limited mechanisms of accountability have seriously hampered the provision of quality education. Additionally, unequal ratios of teachers with students across the states also have compounded the inequalities in terms of standards.[6]
Social inequities play a very critical role in hindering the right to education. Systemic barriers to access remain a big challenge for the marginalized communities, including Scheduled Castes, Scheduled Tribes, and other economically weaker sections. Caste-based discrimination, economic hardship, and child labor prevent many children from attending schools regularly. For girls, the issue remains tougher to solve. Generally, it is not difficult for safety and social concerns or for home-bound engagements to hamper their educations. Still, with 7 out of every 10 girls out-of-school students in this range, many are losing an increasing length of school; much greater effort needs to go toward policies and other interventions tailored to be particularly helpful to girls.
The case was the same with governance and coordination as the key challenges in the implementation of the Right to Education Act. In most cases, the decentralized administration has brought inconsistency in policy implementation by states. Funding is the biggest issue since most of the state governments are facing problems in raising enough money to improve the educational infrastructures and training programs of teachers. Corruption and ineptness in the management of funds exacerbate such problems, thus delaying required reforms and further eroding public confidence in the whole process.
Integration of technology in education is facing massive challenges that the COVID-19 pandemic exposed as a huge need. Despite the emergence of digital learning as a very powerful tool, many children, particularly in rural areas, were not equipped with the appropriate devices and internet connectivity. This technological gap has deepened educational inequalities and made it necessary to call attention to the urgency of policies that ensure fair access to digital resources.
These implementation issues will require a multi-dimensional effort. Infrastructure strengthening and training of teachers form the base along with generating an understanding for the significance of education within the deprived communities themselves. It also requires a greater focus on a more child-centered pedagogy focused on all-round development as against examination-based learning. The task of bridging these gaps requires coordinated action from the government, NGOs and civil society. There has to be an enabling and inclusive environment to transform the constitutional promise of education to a lived reality for every child in India.[7]
Conclusion
The essence of the doctor-patient relationship is based on confidentiality in medical practice. This is not only a legal requirement but also a moral and ethical duty to protect trust and motivate patients to seek medical care without the threat of judgment or exposure. The legal framework has evolved over time in India to balance patient privacy with public interest, though there are challenges. An incessant process of responsiveness becomes necessary with the emergence of digital healthcare and increasing data sharing and the change in patient’s rights.
Healthcare professionals should always be aware of their legal obligations but should still be attentive to the ethical nuances that accompany that role. Safeguarding patient information has become a dynamic responsibility of more than just adherence to statutes, but also means the promotion of a privacy-respecting culture, utilizing secure data management practices and updating knowledge as technological advancement brings it into being. Ensuring appropriate response to a breach, understanding exceptions that may relieve confidentiality obligations-including when public safety concerns are paramount-is key.[8]
Eventually, in the increasingly digital and interconnected world, it will depend upon how privacy is guarded yet simultaneously disclosed. Preserving patient confidence becomes an activity that India can undertake along with stringent standards of privacy and robust legal and institutional frameworks. The rights of the patients should continue to be protected in collaboration by providers of healthcare, legal authorities, and policymakers to ensure both effectiveness and equity of healthcare systems.
[1] KISHORE SINGH, RIGHT TO EDUCATION India International Centre Quarterly, Vol. 42, No. 3/4, Education at the Crossroads (WINTER 2015–SPRING 2016), pp. 119-130 (12 pages) https://www.jstor.org/stable/26316578
[2] Mohini Jain v. State of Karnataka (1992) 3 SCC 666
[3] Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) 1 SCC 645
[4]S. P. Sathe, Economic and Political Weekly, Vol. 27, No. 35 (Aug. 29, 1992), pp. 1847-1848 (2 pages) Supreme Court on Right to Education https://www.jstor.org/stable/4398806
[5] Francis, A. (2024, April 19). Bridging the gap between education and learning | IDR. India Development Review.
[6] Right to Education. (n.d.). Drishti IAS. https://www.drishtiias.com/to-the-points/Paper2/right-to-education
[7] Right to Education under Article 21A of Indian Constitution – Drishti Judiciary. (n.d.). Drishti Judiciary. https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/right-to-education-under-article-21a
[8] P.P. Rao, FUNDAMENTAL RIGHT TO EDUCATION, Journal of the Indian Law Institute, Vol. 50, No. 4 (OCTOBER-DECEMBER 2008), pp. 585-592 (8 pages) https://www.jstor.org/stable/43952178
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