RIGHT TO EDUCATION: CONCEPTIONAL
AND CONSTITUTIONAL DIMENSIONS
CHAPTER-I
INTRODUCTION
Introduction
Education is one of the most important means for an individual through which he or she can develop his/ her personality and
can live a dignified life. In a developing society, formal education becomes a fundamental prerequisite for improving a
person's status. Better skills, a wide range of information and more knowledge are essential for administering programmes
and agencies, improving productivity and a meaningful role in a democratic process . Now education is recognized as a Human
Right. The Universal Declaration of Human Rights in Article 26 states that "Everybody has the right to education, hence the
right accuses to all individuals, although children are understood as main beneficiary". The fact is that it is the birth right of
every man and woman and the state is required to ensure it to the citizens. Denial of access to education is the denial of
access to power and status. In the Indian situation though, the right to education is accepted, yet it is deeply affected by the
statificatory system of caste, class and gender. Access to education is easier for boys than girls, for upper caste than for
scheduled caste and scheduled tribe, and for upper and middle classes than the poor. According to the Annual Report (2006-
2007) of the Government of India; in 2004-05, around 88 percent of boys and 79 percent of girls were attending school
nationally. It reflects that a large proportion of girls than boys are denied access to schooling. Recognition of right to
education for girls is the cornerstone of women's empowerment. Although international and national legal laws have been
formulated to make education as a right for all but the task of making the right to education available for all children along
with ensuring quality education has been proved to be a difficult one due to various problems.
OBJECTIVE OF STUDY
• To investigate into the implementation strategies for realization of
Right to Education.
• To develop a conceptual understanding on the issue of right to
education.
• To study whether girls students are achieving quality education or not.
• To study the effectiveness of the participation of the community in
school management and administration for removing the social,
regional and sex differences.
• To provide additional measures for empowering the girls students for
addressing their problems in getting quality education.
• To suggest policy recommendations to improve the education
HYPOTHESIS
Hypothesis based on the topic of the study the following hypotheses have
been formulated-
• Present legal provisions related to right education are not implemented
effectively.
• Right to Education Act, 2009 is not sufficient in realization of
educational rights of children in India.
• Article 21-A. of Indian constitution i.e. “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.". Are not
implemented effectively.
RESEARCH QUESTIONS
1. Does Right to education justify the age
group of 6-14?
2. Does RTE provide what it promises?
3. Does RTE compromise the quality issue?
4. Do the parents prefer the Government
Schools after passage of the act?
CHAPTER-2
RIGHT TO EDUCATION: INTERNATIONAL
PERSPECTIVE
The Right to Education is recognized,
promoted and protected at all levels national,
as well as International, Education is the
primary vehicle by which economically and
socially marginalized adults and children can
lift themselves out of poverty and obtain the
means to participate fully in their
communities. Several International
Conventions, numerous writings and reports
by UN bodies stress the importance of the
fundamental Right to Education.
• UNITED NATIONS CHARTER 1945
• UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948
• Convention Relating to the Status of Refugees 1951
• Convention Relating to the Status of Stateless Persons 1954
• Declaration of the Rights of the Child (1959)
• CONVENTION AGAINST DISCRIMINATION IN EDUCATION 1960
• Convention against Discrimination in Education 1962
• United Nations Declaration on the Elimination of All Forms of Racial Discrimination 1963
• International Convention on the Elimination of AH Forms of Racial Discrimination 1965
• Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between
Peoples 1965
• International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966
• International Covenant on Civil and Political Rights 1966
• Declaration on the Elimination of Discrimination Against Women 1967
• Declaration on the Rights of Disabled Persons 1975
• Declaration of the World Conference to Combat Racism and Racial Discrimination 1978
• Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief 1981
• Convention on the Elimination of all Forms of Discrimination Against Women 1981
• UNESCO Documents with reference to Right to Education
• Convention against Discrimination in Education, 1960
• Convention Against Discrimination in Education, 1962
• The Beijing Declaration and Education 1995
• World Declaration on Higher Education for the Twenty- First Century 1998
CHAPTER-3
RIGHT TO EDUCATION: CONSTITUTIONAL
ASPECT
INDIAN FRAMEWORK
• Constitutional Provisions
• Entries Mentioned in the Union List
• Entry mentioned in the Concurrent List
• Other provision Contained in the Constitution Relating to Education:
• Directive Principles of State Policy
• Fundamental Right;
• Article 21 -A: Right to Education
• Education, Minorities and Weaker Sections:
• EDUCATION AND RIGHTS TO LIFE
• Education and Right to Equality
OTHER IMPORTANT LEGISLATIONS
1.The National Policy on Education, 1986(NPE)
2.Programme of Action, 1992
3.The Delhi School Education Act, 1973
4.National Council for Teacher Education Act, 1993
5.The Right of Children to Free and Compulsory Education (RTE) Act, 2009
6. The University Grants Commission Act, 1956
7.The National Commission for Minority Educational Institutions Act, 2004
8.The Central Educational Institutions( Reservation in Admission) Act, 2006
9. The Central Universities Act, 2009
10.UGC (Establishment of and Maintenance of Standards in Private universities)
Regulations, 2003.
11.The All India Council for Technical Education Act, 1987.
CHAPTER-4
RIGHT TO EDUCATION ACT
Main Features of The RTE Act
• Every child of India in the 6 to 14 years age group; has a right to free and compulsory
education in a neighborhood school till the completion of elementary education.
• Children who have either dropped out from the school or have not attended any school will
be enrolled in the schools and no school can deny them for taking admission.
• Private and unaided educational institutes will have to reserve 25 percent of the seats for the
students belonging to economically weaker section and disadvantaged section of the society
in admission to class first (to be reimbursed by the state as part of the public-private
partnership plan).
• All schools except government schools are required to be recognized by meeting the specified
norms and standards within 3 years, failing of which they will be penalized for up to Rs. one
lakh.
• It also prohibits all unrecognized schools from practice and makes provisions for no donation
or capitation fees and no interview of the child or parent at the time of admission.
• For the purpose of admission in a school, the age of a child shall be determined on the basis
of certificate issued in accordance with the provisions of the Births, Deaths and marriages
Registration Act, 1856 or on the basis of such other document, as may be prescribed.
• The National Commission for Protection of Child Rights (NCPCR) and state commissions will
monitor the implementation of the Act.
• All schools except private unaided schools are to be managed by school managing committees
with 75 percent parents and guardians as members.
• Child’s mother tongue as medium of instruction, and comprehensive and continuous
evaluation system of child’s performance will be employed.
DISADVANTAGES OF IT ACT,2000
• The National Education Commission, Policies and Programmes on the Right to Education
• Education Commission (1964-66)
• National Policy on Education (NPE, 1968)
• National Policy on Education (NPE, 1986)
• Operation Black Board
• Non Formal Education with the Assistance of the NGOs and the Non Formal Education (NFE)
Centres
• Restructuring and Reorganisation of Teacher Education
• Community Mobilisation and Participation
• Shiksha Karmi Project
• The Mahila Samakhya (MS)
• Bihar Education Project (BEP)
• The Lok Jumbish (LJ)
• Andhra Pradesh Primary Education Project (APPEP)
• Mid-Day Meal Scheme (MDMS)
• Sarva Shiksha Abhiyan (SSA)
• 165TH LAW COMMISSION REPORT, 1998
CHAPTER-5
RIGHT TO EDUCATION: JUDICIAL ASPECT
Unni Krishnan v. Andhra Pradesh
In the landmark Unni Krishnan v. Andhra Pradesh, the court reviewed the state's right to interfere in the
admission policy and the fee structure of private professional institutions. It held that education, being a
fundamental right, could not be the object of profit-seeking activity. On this ground, the Court sought to regulate
the activities of what came to be known as capitation fees colleges that charged students high fees to recover
costs. In the view of the Courts, the government would continue to have jurisdiction over these colleges in two
respects. Entrants would have to qualify under an exam common to these and all other colleges. At least 50
percent of seats in these colleges would be reserved for students who so qualified on the basis of merit, and the
college would be entitled to charge only the level of fees prescribed for government institutions. Twenty-five
percent of seats would be reserved for admission with merit, but the college would have discretion over the
fees, while over the remaining twenty-five percent, the college would have jurisdiction with respect to both
admission criteria and fees. The Supreme Court argued that all private colleges would be subject to the
constraint that education cannot be the object of "profiteering" and the fee structure should be compatible with
the principles of "merit and social justice alike." The judgment argued that all colleges offering professional
courses would have to reserve 50 percent of the seats for candidates selected through an entrance examination
conducted by the government.
P. A. Inamdar & others v. State of Maharashtra
& others,
The Supreme Court in its judgement on August 12, 2005 ruled on the following
issues in relation to minority and non-minority unaided higher education
institutions. In fact, the Supreme Court through these judgments in this case has
drafted a higher education policy having serious reparations in the education
sector of the Nation vis-a-vis the following.
a) reservation policy
b) admission policy
c) fee structure
d) regulation and control by the state and
e) the role of committees dealing with admission and fees,
CHAPTER-6
CONCLUSION & SUGGESTIONS
CONCLUSION
There are several issues that need to be addressed for effective implementation of
the RTE Act. Some of these can be resolved through legal recourse or policy changes;
others will need to be addressed as the Act is rolled out. While the ultimate
responsibility of providing education rests with the Government, as enshrined in the
Constitution, it is evident that the Government's efforts alone will not be sufficient to
provide good quality education to all. There are several pilot initiatives that have been
taken up by nonstate players. These initiatives are improving certain aspects of
education at some of the places where they are being implemented. The formulation
of the RTE Act has provided an opportunity to converge different efforts by using it
with the National Policy on Education 1992 as the backdrop.
SUGGESTIONS
• Need for Modifications in Other Constitutional and Legislative Provisions
Related to Children Education
• Governments need to consult with the community in the design and
construction of schools. The needs of children with different physical
abilities, as well as the needs of both girls and boys, should be reflected in
the design of all equipment and resources, as well as play and sports
facilities in schools and surrounding community spaces.
• Schools must ensure that hygiene and sanitation facilities are appropriate
for both boys and girls - clean water, proper toilet facilities and privacy,
particularly for girls - and take account of any religious requirements.
• To ensure a good quality education in schools, a head master and teacher
are required to maintain the required standard and quality of teaching. A
headmaster is also needed for general administration of the school to
ensure that quality education is imparted.
• The Right to Education act should not be limited to the age of 14
years it should be up to the secondary level. The government
should make some changes like introducing diplomas/degrees
with specialization in IT,mobile communication, media,
entertainment, telecommunication, automobile, construction.
• CSS ( Common School System) was an indispensable step for
achieving equality decades ago however now it should be changed
into MSS (Model school system) based on the wants and demands
of the society where education should be provided free of cost
and on private institute patterns.
• Parents need to play asignificant role to make RTE a main success
in India. It can be done only by motivating them
throughcounselling and they must be made aware about the RTE
Act through meda,pamphlets campaigns,hoardings, rallies etc.
only then we can expect that our future generation will be well
educated.
THANKING YOU
