Education helps people and communities grow and become better. In a nation like India, where millions of youngsters lack access to even the most basic education, the right to education is not only a social imperative, but also a governmental objective. With Article 21A of the Constitution, India recognized this and made education a fundamental right, marking a historic stride.
With Right to Education under Article 21A of Constitution of India, every child from six to fourteen years old is entitled to free and mandatory schooling. It is predicated on the idea that education is the key to attaining equality and social justice, as well as being necessary for the complete development of the human psyche. Let’s track the historical aspect, and the present picture of the right to education in India.
History of Right to Education
In India, Education before Article 21A was covered by Article 45 of the Directive Principles of State Policy, which required the State to provide free education to children up to the age of 14. However, it was felt that education needed to be made a justiciable right, because Directive Principles are not legally binding.
In the landmark case of Mohini Jain v. State of Karnataka (1992), the Supreme Court states that demanding capitation fees violates the right to education, which is considered a fundamental right derived from the Right to Life and Human dignity under Article 21 of Indian Constitution.
And Unnikrishnan JP v. State of Andhra Pradesh (1993) played a vital role for right to education. The Supreme Court in this case stated that children upto 14 years have a fundamental right to free and compulsory education under Article 21 of Constitution. This right is supported by Article 41. The court also said that the government must work towards fully providing this right, as much as its financial capacity allows. In these cases, the Supreme Court interpreted the right to life under article 21 to include the right to education.
As a result, the 86th Constitutional Amendment Act of 2002 was passed, inserting Article 21A, which made education a fundamental right for children between the ages of 6 and 14. The Right of Children to Free and Compulsory Education Act (RTE Act), 2009, which came into effect on April 1, 2010, was the next to be passed.
Article 21A of Constitution of India
As per Constitution of India Article 21, all children between the ages of six and fourteen must receive free, obligatory education from the State in a way that the State may specify by law.
No child should have to pay any fees or costs that would keep them from attending school, which is known as free education. With compulsory education, parents and the government are obligated to make sure kids go to school.
Key Features of the RTE Act
The Right to Education Act which came in force in 2010, ensures the following:
- Free and Compulsory Education: All children aged 6 to 14 are entitled to attend a local school full-time for elementary education.
- No Screening or Capitation Fee: Schools are not allowed to ask for donations or hold admissions interviews.
- Private Schools Require 25% Reservation: Children from economically disadvantaged areas must be given a seat in private, unaided schools.
- Infrastructure and Teacher Norms: Schools are required to adhere to fundamental standards for facilities, infrastructure, and the student-teacher ratio.
- Prohibition of Physical Punishment and Detention: The right to education being a fundamental right, no child should be subjected to corporal punishment or mental harassment.
- No Discrimination: It is illegal to discriminate on the basis of caste, religion, gender, or handicap.
- School Management Committees: To guarantee responsibility and transparency, each school needs to setup a School Management Committee constituting members of the local authority, parents or guardians of children admitted in such school and teachers.
- No Private Tuitions: The RTE Act (Section 28) particularly prohibits teachers from engaging in private tuitions.
Challenges in Implementation of Right to Education
Despite being a strong statute, a number of obstacles prevented it from being implemented effectively:
- Lack of infrastructure: Basic amenities like electricity, drinking water, and restrooms are still absent from many public schools.
- Lack of qualified teachers: The quality of education is impacted by shortages of qualified teachers and inadequate training.
- Different Standard in Government and Private schools: There is still a huge disparity between rural government schools and metropolitan private schools.
- Poor learning outcomes: Despite an increase in enrolment, many kids still struggle with basic maths and reading skills.
- Dropout rates: Due to poverty, early marriage, or domestic duties, a large number of children, particularly girls, continue to drop out of schools.
Impact of Article 21A and RTE Act
Notwithstanding obstacles, Indian society has benefited from the Right to Education. The same is evident through the following pointers:
- Increased Enrolment: More children are attending schools, particularly those from underrepresented groups.
- Education empowers children, particularly girls, by providing them with the means to break the cycle of poverty.
- Social Inclusion: By uniting kids from various origins, RTE fosters inclusion.
- Boost to Democracy: A healthy democracy and informed citizenship depend on an educated populace.
Conclusion
Article 21A’s Right to Education is a historic legal provision that demonstrates the nation’s dedication to empowering its youth via education. Building a society where every child has an equal shot at achievement, dignity, and freedom is more important than merely sending them to school.
However, the law is insufficient on its own. Strong political will, community involvement, and efficient oversight are necessary to guarantee that every child obtains a high-quality education rather than just any kind of education.
We must all work together as citizens, educators, and legislators to make this fundamental promise of right to education a reality. Only then can we hope for an India that is just and fully developed.
The concept of right to education under Article 21 of Indian Constitution has been decoded by our intern, Ms jai Shree. She has been assisting the team in bringing informational legal blogs.
