THE RIGHT TO EDUCATION IN INDIA

What is education ?
The word "EDUCATION" has been derived from a Latin word EDUCARE which means to
bring out or to nourish. In Hindi language education means Shiksha ,which is derived from a
Sanskrit word shas ,that means to discipline, to control, to construct and to teach.
Education means to develop the faculties of mind by exercising discipline and control.
Mahatma Gandhi said, " By education, I mean an all-round drawing out of the best in man
– body, mind, and spirit."

The 86th amendment 2002

It is fascinating to know that the right to education became Fundamental Right by the 86th
amendment 2002. As a consequence Article 21 A was inserted in the constitution of India. It
states that every child from 6years to 14 years of age has a right to free and compulsory
education. This became a huge victory for every citizen of India as ,before the amendment
children were devoid of their right to education. The 86th amendment imposed a duty upon
the parents and guardians to provide their children with opportunities for education between 6
to 14 years of age, under Article 51A(k). To enforce the said rights THE RIGHT OF
CHILDREN TO FREE AND COMPULSORY EDUCATION ACT 2009 came into force
on 10th April 2010.

Before the amendment, Article 45 of the constitution of India stated: "The State shall
endeavour to provide, within a period of 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 framers of the constitution were aware of the significance of
education and hence article 45 found its place in the constitution. But Article 41, which
states: "The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and public assistance in cases
of unemployment, old age, sickness and disablement, and in other cases of undeserved
want.", makes the impact of article 45 less effective. Right to education(RTE) was found in
part IV – DPSP (Directive Principles of state policy) of the constitution, hence it was
unenforceable in courts under article 32 and article 226. Therefore education sector
remained devoid of the much needed attention and no significant work was done to improve
the educational standards in India.

To the newbies , I would like to elaborate a bit on DPSP. DPSP contains guidelines for the
states, which need to be followed while making legislations and are an integral part of their
development. It is contained in PART IV whereas the Fundamental Rights are enumerated in
PART III of the constitution . Fundamental rights are enforceable in courts but DPSP cannot
be enforced . The harmony and balance between the Fundamental Rights and DPSP is an
important feature of the basic structure of the constitution.

Many writ petitions were filed to enforce the decision given in the case: UNNIKRISHNAN
V STATE OF ANDHRA PRADESH 1993. The supreme court in Unnikrishnan case held
that Right to education is a fundamental right under Article 21 and it flows from the right to
life. It was after this case that the 86th constitutional amendment came into the picture.
The 86 the amendment modified Article 45 which is now read as: "The State shall endeavour
to provide early childhood care and education for all children until they complete the age of
six years." This is under part IV of the constitution, so it is left up to the states to provide with
the early childhood care and education to the children up to the age of 6 years.

The Children’s Right to Free and Compulsory Education Act 2009

The RTE act 2009 is created to enforce the Fundamental Right provided under article 21 A.
The act provides for free and compulsory education to children from 6 to 14 years of age, till
they complete their elementary education. The government schools shall provide free
education to all the children. The private schools should have 25% of seats reserved for the
children belonging to the disadvantaged class and weaker sections of the society. They
have to provide the children with free education from Ist to the 8th class. The expenditure
incurred by the private schools for providing facilities to the reserved category children is
refunded by the government. There is a provision for the constitution of National and State
commission to monitor all the facets of elementary education.
The act incorporates some safeguards for the children such as :
 No children shall be held back or expelled until he/she completes elementary
education.
 If a child is above the age of 6years and has not been admitted yet, then he /she can be
admitted to a class appropriate to his /her age. Special training can be provided to the
child so that he/she remains at par with the other students.
 No child can be refused admission for lack of age proof.
 No child shall be subjected to any mental harassment or physical punishment.
 No screening test of student or parent/guardian shall be done before admission.
 No capitation fee shall be charged from the students.
 The school must obtain a certificate of recognition or else heavy fine will be levied on
it.
 The duty is imposed on the parents/guardians to admit the child into the nearest
school.
 It is the responsibility of the state to provide with early childhood care and education
to the children from 3 to 6yrs of age. This will prepare them to receive further
education effectively.

Scope of Improvement in RTE act 2009

Though a lot of effort is made to provide the children with compulsory and free education,
yet there is a wide scope for improvement in the act.

The act mentions the child as a male or female child of the age of 6 to 14 years. There is no
mention of the third gender, which must be included in the definition. This is necessary to
empower them to come forward and receive schooling. They are the ones who have been
deprived of the basics rights since a long time and are amongst the most vulnerable groups.
The education provided by government schools is not as good as expected. The teachers
teaching in many of the government schools are not fit for teaching. The teacher-student ratio
is not met and hence a single teacher handles many students of different classes.
The implementation of RTE act in private schools

The private schools providing the educational facilities to children under 25% reservation
are not serving the true purpose of the Act .As per a survey done by me in a private school,
the name of which cannot be disclosed, the students were not taught together with the
children from unreserved category .Moreover, the classrooms were not equipped with
modern teaching aid which were usually used for teaching the students from unreserved
category. Such acts aggravate discriminatory practices towards children belonging to
disadvantaged class and weaker sections of society . Discrimination against the standard of
education provided to the students will sabotage the very purpose of the act. The basic
purpose of the act is to provide the children with quality education as they are the future of
the nation. But the vision could not be achieved unless the standard of education is
substantially raised. The survey depicted that in private schools the teachers who teach the
reserved category students are less qualified and receive lesser wages than the ones who teach
the unreserved category students. Salary is a motivating factor for the every employee , more
motivated the staff, more improved is the work. The qualification of teacher is the central
criterion for determining the quality of teaching .If that is not fulfilled the right to education
even if availed would be of no use .

The school timings for the reserved and the unreserved category students are different, thus
creating a big lacuna between them. The students are taught separately leading to no scope of
communication between them .This deprives them of the opportunities to learn from each
other about their lives and be empathetic to each other’s situations . By encouraging inter
mingling between them , the students from reserved category will be able to have a new
outlook towards the world .They can absorb many good qualities like how to communicate
with others, table etiquettes , how to proceed with studies etc. On the other hand , the students
from unreserved category will be able to learn about the life and struggles which the other
students face daily . They will be able to put themselves in other’s shoes and will have
respect towards them . Instilling the feeling of oneness from the childhood will make India a
stronger and united country.
CONCLUSION

How will the nation achieve its visionary goals until and unless the people will be deprived of
quality education? Providing education would not suffice, to break the chains of poverty and
suffering in the nation, the youngest of all must be nurtured with ethics, virtues, and morals.
To fill the gaps in the present act, the National and State commission must come into play.
Frequent inspections must be done to ensure the quality of education provided to the students.
To provide incomplete education is futile. Without giving pre-school education to children up
to the age of 6 years will leave them in a chaotic situation. They would not be able to grasp
the knowledge imparted to them, as they are unfamiliar with the basics. Also, provisions of
free and compulsory education must be extended up to 12 the standard at least.

Only 2.7 % of the GDP was spent in the 2018 financial year on education. The share of
education sector in GDP must be increased in order to ensure enough funding to improve the
education system in India. We need to understand that education is a tool to enhance the
thought process and to use the mental abilities to the optimum, which will then lead to 360-
degree development of the individual. To achieve the long cherished goal of India becoming
a developed country, top-most priority has to be given to Education. The most ignored sector
is the most innate feature of Article 21 - RIGHT TO LIFE. As to endure a life with dignity,
education is paramount.
"Padhega India Tabhi to Badhega India", is the need of the hour.