RIGHT TO EDUCATION

By- Sarthak Neema (BBA.L.L. B) Sap id (81022018020)

Introduction
What is Education?
Change is the end result of all true learning
What is Right to Education?
Basically, Right to Education Means Providing Free and Compulsory education to all Children
Between Age 6 To 14. This is introduced by the 86th amendment of constitution Article 21 A of
the Indian constitution. on 4th August 2009 this because at that Time government thought there is
serious need for something to do for education as the standard of education was very low at that
time. The right to education also includes a responsibility to provide basic education for
individuals for the person or the students those have not completed their primary education. In
addition to these access to education provisions, the right to education encompasses the
obligation to avoid discrimination at all levels of educational System, to set minimum standards
and to improve the quality of education.

FEATURES OF THE RIGHT TO EDUCATION.

 It aims to provide free and compulsory education to all students from 6 to 14 age group
students.
 The act helps in prohibits donation, screening test/interview of child or parents,
physical punishment or mental harassment, and running schools without recognition.
As it helps the students to study freely in the school.
 This act also allows that the child should not be failed in the class up to 8th standard .as
a result it helps student to study without pressure.
 According to this act-There should be appointment of extremely qualified teacher at
the schools so the student can have a better outlook of the education i.e. what he/she is
learning.
 This act also lays down the mid-day meal scheme which also results in admission of
children as a poor man can send their children to school for quality education and food.
 One of the important features is that there should be proper infrastructure of the school
if it is not proper than there.
 There is also provision in private school for reservation up to 25% seats in private
schools as it is mandatory for them to admit at least 25% students for providing free
and compulsory education to the children.
CASE LAW WHICH HAVE IMPACT ON RIGHT TO EDUCATION
 Avinash Mehrotra v. Union of India & Others,
Summary of the Decision- In this decision, the Supreme Court of India interpreted the right
to education to include the right to the provision of a safe environment in schools, and
imposed an obligation on schools to comply with certain fire safety precautions which were
detailed in the judgment.

SIGNIFICANCE TO RIGHT TO EDUCATION

The right to education became a fundamental right in the Indian Constitution in 2002 and
Article 21A provides that: ‘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.’ This decision provided that the State’s duty cannot be discharged by the
provision of unsafe schools. The State must ensure that children suffer no harm in exercising
their fundamental right to education and, accordingly, must ensure that schools provide safe
facilities as part of a compulsory education.

REASON FOR SELECTING THIS TOPIC

The main reason for selecting Right to education as a topic Because I feel this is the area in
which government should really focus on as the nation will progress rapidly if the there is proper
access to education to the children’s because ultimately, they will help in future progress
As India’s literacy rate is also low which also reflects that is educationally backward Which is a
Major Concern for the country. And we are the country which implemented this act very late. As
the other country implemented way back i.e. from 1980 or 90 ‘s so that the other countries are
very well ahead from us in the education progress so I think I should select this topic. As in
implementation there are major critics which have to be looked up.

IS RIGHT TO EDUCATION IS REALLY RIGHT OF THE STUDENTS OR

THEY ARE GETTING PROPER ACCESS TO THEIR RIGHTS OR NOT?
THE MAIN PROBLEM IN THIS IS IMPROPER IMPLEMENTATION OF RIGHT TO
EDUCATION-
As we all know that in each and everything there are some flaws which need to be corrected or
seen or otherwise leads to the failure of a programmed. So as there in Right to education there is
also some flaws which needs to be corrected as a result of good initiative by government this act
is implemented so there is need to see the flaws and enforce corrective measures.
Flaws are –
 Out of school Children -As the students remains out of school its major concern in
implementing the right to education as this act made is for the students only as majority
of students remains out of the school are from Jharkhand, Bihar, West Bengal as
according to a report around 20% of out of school children are from this state only.
According to UNESCO Report – Around 7.74 Cr Children around the world are out
of School. Three – Fourths of these out- of school children reside in 15 Countries
Including India, Bangladesh, Pakistan, Indonesia, China, brazil And the African
Nations. With one -third of the world’s Illiterate the report places India 105 th among
128 nations.
 Lack of funds – This also results in lack of proper access to the education for the students
as the government not have proper funds to give schools for implementing right to
education effectively .as it is matter of concurrent list. many times, there is conflict
between Centre and state regarding conflicts of funds.
 Lack of proper professionals – As the in the act says that there should be proper
qualification for the teachers but in real scenario this not there as there is lack of proper
qualified teachers. so then how can a student can get a proper access to the education.
 Extra charges – Apart from many things provided by time to time by government there is
also several fees and payments charged from the students that also results in not proper
implementation in right to education.
 Age limitation – The act says that there is compulsory education for 6 to 14 age but there
is No Provision for student’s echo is above the 14 age so there should be the
advancement till graduation of the student. So, they can do something in their future after
getting proper education.

WHY THE ACT IS SAME IN OTHER COUNTRIES BUT NOT THE RESULTS ARE SAME?

IMPLEMENATAION OF RIGHT TO EDUCATION IN OTHER COUNTRIES

AND COMPARISON WITH INDIAN IMPLEMENATATION.

In China
As in India education is subject of concurrent list but in China it is different as the education
system run in china is State run system .so there is no conflict between state and central as in
India. China public education system is run by ministry of education. So, in china there also the
provision of providing free and compulsory education in 3 tiers.
  Primary education for 6 to 9 Years Starting at the age of 6 to 7
 Secondary education for 6 years from 12 to 18
 Higher education also for 3 years.
As due to the highly impressive Education setup in china there is almost 90 % of students get
primary education so the India should have done this by putting education in one list rather than
concurrent list.so this will help in proper implementation of right to education. As in china it is
mandatory to pursue higher studies so this would also help in proper implementation of right to
education. Which is not in India to compulsory pursue higher education.

In Germany
As in the Germany there is also provision for free education till the higher studies so as a result
here is more literacy rate in Germany as compared to India as in India there is free and
compulsory education is for the period of 8 years only which is Way less than Germany I.e. 12
years. There is also a system in Germany of compulsory attendance for the students.in Germany
but this system is not followed in the India. The education sector is look by one department that
is state. But this negative part according to me because there should be one central should be
there to frame laws regarding education policy.

In U.S.A
In U.S.A there also state frames law regarding education policy according to their state and these
states also provide basic education to age of 18 years So there should be a flaw that India should
see if this programmed has to be really implement correctly. But India is also Ahead of this
country as far as from this country Because both national and state can frame laws but in other
countries only state law prevails. In U.S.A there is also not basic Problem what India faces that is
the U.S.A have better Financial structure than India and also there is Majority of competent and
qualified teachers.

CONCLUSION
According to me The Government is right in Implementation with right to education as it is need
for something To improve the standard of education in the country but due to some flaws it
becomes ineffective to some extent as in other countries it is working effectively for years to
years as right to education is a good initiative by government so there should be proper planning
and organizing of the programmed so that we can achieve the more . As it Cannot be said that
government has done nothing to improve the education standards they have done several things
such as various educational programs.

Rastriya Uchchatar Shiksha Abhiyan

e path Shala
Rastriya Avishkar abhiyan.
And many more programs but it is not too late they have done many more programs also so that
we can conclude that government has done things for proper implementation but due to some
problem we are short for accurate implementation if they can properly access all major points it
will lead to one of the successful programs of a government of India.

SO as According to me government Should have done Following things –

 Proper qualification for the teachers as they is ultimately helping in providing education
so there should be minimum qualification for the teacher if they want to teach students
 There should be efforts to provide better infrastructure to the Students so that helps
Children for better studies.
 There should be adequate funds available to schools.
 There should be proper efforts from the government that people should be aware of their
rights which are available to them.
 The Government should refer other countries that how effectively the system working in
other countries than why it is not working as effective as it is working in our countries.
 Implementation of more and more small programs for the students.