Education is a cornerstone for individual empowerment and national progress. Recognizing this, India enshrined the Right to Education as a fundamental right under Article 21A of the Constitution, introduced by the 86th Amendment in 2002. This transformative step marked a significant shift in the nation’s approach to education, emphasizing its necessity for fostering equality, development, and social justice. In our series of Indian Laws, let us explore this right.
The Right to Free and Compulsory Education
Article 21A mandates the State to provide free and compulsory education to all children aged six to fourteen years. This right is operationalized through the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into force on April 1, 2010. Together, Article 21A and the RTE Act create a robust framework to ensure that no child is denied access to elementary education.
What Does ‘Free and Compulsory’ Mean?
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Free Education: No child, except those admitted to private, unaided schools by parental choice, is required to pay fees or expenses that could hinder their elementary education. This provision aims to eliminate financial barriers to schooling.
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Compulsory Education: The State is obligated to ensure that every child attends school and completes their elementary education. This places a dual responsibility on the government to provide adequate infrastructure and ensure consistent attendance.
Provisions of the Right to Education Act, 2009
The RTE Act lays down essential norms and standards for delivering quality education, including:
- Universal Access: Every child is entitled to elementary education in a neighborhood school. Non-admitted children must be enrolled in age-appropriate classes.
- Equity in Education: Private schools are required to reserve 25% of seats for children from economically weaker sections, ensuring inclusivity.
- Quality Standards: The Act prescribes norms for teacher-student ratios, infrastructure, working hours, and teacher training to ensure equitable and quality education.
- Prohibition of Discrimination: Practices such as physical punishment, mental harassment, capitation fees, and screening procedures for admissions are strictly prohibited.
- Curriculum Development: Curricula must align with constitutional values and prioritize the holistic development of children, fostering creativity, confidence, and a fear-free learning environment.
Historical Evolution of the Right to Education
India’s journey toward recognizing education as a fundamental right has been marked by several milestones:
- Directive Principles of State Policy: Article 45 originally directed the State to provide free and compulsory education to children up to the age of 14 within ten years of the Constitution’s adoption.
- Judicial Interpretation: Landmark cases such as Mohini Jain v. State of Karnataka (1992) and Unnikrishnan v. State of Andhra Pradesh (1993) underscored education’s indispensability, interpreting it as an integral part of the Right to Life under Article 21.
Legislative Developments: The 86th Amendment introduced Article 21A, modified Article 45 to focus on early childhood care, and imposed a duty on parents under Article 51A(k) to ensure their children receive education.