Right to Education: As a Fundamental Right

Education is definitely a fundamental right, necessary for a person's empowerment and the advancement of society as a whole. India has the world's highest proportion of illiterates. Although the government claims that our country's literacy rate is quickly growing, a large proportion of the individuals who are legally listed as literate are not in fact literate. The right to education is the fundamental human right of every Indian citizen, whether born in a high-profile civilization or in a remote, underdeveloped town.

What is Right to Education?

In 2009, the Right to Education Act (RTE) provided compulsory and free education to children and enforced it as a fundamental right under Article 21-A of the Indian Constitution.

Each and every person has the fundamental right to education, which is crucial if they are to maximize their lives. In addition to this, every person has the right to a fair trial and to be free from slavery or torture. People's access to all other human rights is facilitated by education. An individual’s personal opportunities in life are improved through education, which also helps to combat poverty.

Historical Background

The right to education is recognized in international law under Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social, and Cultural Rights. More than 135 nations have a constitutional clause requiring free and non-discriminatory education for all citizens. India passed a constitutional provision in 1950 to offer free and compulsory education to all children up to the age of 14. This was accomplished by inserting a provision for free and compulsory education under Article 45 of the directive principle of state policy. The right to education was included as a Fundamental Right under Part III of the Constitution on December 12, 2002, with the passage of the 86th constitutional amendment.

The Right of Children to Free and Compulsory Education Act, which was enacted in 2009 and eventually went into effect on April 1, 2010, was passed. The statute mandates free and compulsory education for all children between the ages of six and fourteen. The government is now required by law to offer free and compulsory education to all children between the ages of 6 and 14, as well as to maintain basic standards in primary schools. It also prevents all unrecognized schools from operating and outlaws any contribution or capitation fees, as well as any interview of the kid or parent for admission. Additionally, the Act forbids the school from expelling or retaining any student. The act also includes provisions for additional training for school dropouts in order to bring them up to speed with other students their age.

Essential Feature of Right to Education Act, 2009

• The RTE Act intends to give all children between the ages of 6 and 14 access to a basic education.

• It makes education a fundamental right (Article 21).

• The act requires a 25% reserve for underprivileged portions of society, 

• It also provides for the admission of a non-admitted youngster to an age-appropriate class.

• It also emphasizes that the Central and State Governments share financial and other duties.

• It contained a "No Detention Policy" section, which was deleted by the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.

• It also prohibits the use of teachers for non-educational purposes other than the decennial census, elections to local governments, state legislatures, and parliament, and disaster assistance.

• It calls for the selection of instructors who have the necessary entrance and academic credentials.

• It focuses on removing the child's fear, trauma, and anxiety through a child-friendly and child-centered learning framework.

Constitutional Provision of the Right to Education

 Following are the major constitutional provisions in reference to the right to education:

• Article 21A was included to make the right to education a Fundamental right for children aged 6 to 14.

• Originally, Article 45 of the Indian Constitution and Article 39 (f) of the DPSP provided for state-funded, equal, and accessible education.

• The Ramamurti Committee Report, published in 1990, was the first formal document addressing the right to education.

• In the landmark case of Unnikrishnan JP against the State of Andhra Pradesh & Others, the Supreme Court ruled that education is a fundamental right derived from Article 21

• The Tapas Majumdar Committee was established in 1999, with the goal of inserting Article 21A.

• Under 2002, the 86th amendment to India's constitution designated education as a basic right in Part III of the Constitution.

• Article 21 A states that the State shall offer free and compulsory education to all children aged six to fourteen years in the manner determined by the State.

• As a result, this clause recognises only primary education as a Fundamental Right, not further or professional education.

• The 86th amendment paved the way for the Right to Education Bill 2008 to be followed by the Right to Education Act 2009.

• The term "free" appears in the title of the article. What this means is that no child (except those allowed by their parents to a non-government school) is responsible to pay any fee, charge, or expense that may prohibit him or her from pursuing and completing primary education.

• This Act makes it mandatory for the government to ensure that all children aged six to fourteen years are admitted, attend school, and complete their elementary education.

• Essentially, this Act ensures that all children from economically disadvantaged families receive free elementary education.

Constitutional Provisions other than Article 21A

86^th Constitutional Amendment Act of 2002

The 86th Amendment Act of 2002 inserts three specific sections into the constitution to improve comprehension of free and compulsory education for children aged six to fourteen as a basic right. They are as follows:

• Adding Article 21A to Part III would establish the right of every child to a full-time primary education of adequate and equitable quality in a formal school that meets certain key norms and standards.

• Amending Article 45

• Adding a new clause (k) to Article 51A (basic obligations), making parents or guardians accountable for providing educational opportunities to their children aged six to fourteen. The most compelling argument for insertion is the need to address insufficiencies in retention, residual access, particularly for unreached children, and quality concerns. After nearly seven years of stalling following the 86th Amendment to the Constitution, the RTE Act 2009 obtained presidential assent on August 26, 2009, advancing the aim of free and universal primary education.

After several rounds of drafting and redrafting, the Right of Children to Free and Compulsory Education Act of 2009 was born, which would be a true tool for any kid to demand her basic claim. However, a detailed examination of the clauses shows troubling aspects. This framework of the 4-As may become a tool for individuals to think through what the right to education means to them and link their actual reality to this ideal environment through a participatory approach.

• Available − There must be enough resources, classrooms, and skilled teachers, among other things, so that every kid can receive a decent education.

• Accessible − Schools must be accessible, accessible to impaired pupils, and functional. All youngsters must be able to afford them. There must be no discrimination on the basis of gender, colour, religion, or any other factor.

• Acceptable − Education must be of high quality and offer relevant and suitable material. Children with disabilities have the same right to an equal education as other children.

• Adaptable − Schools and educational institutions must be appropriate for the populations they serve.

Limitation of the Right to Education

• The age group for which Right to Education is offered ranges from 6 to 14 years, although this can be expanded to 0 to 18 years to be more inclusive and broad.

• As evidenced by many ASER findings, there is no emphasis on learning quality, and the RTE Act appears to be primarily input driven.

• Five states, namely Goa, Manipur, Mizoram, Sikkim, and Telangana, are yet to publish notifications under the RTE of 25% seats for impoverished students.

• More emphasis is being placed on RTE numbers than learning quality.

• Lack of instructors' effect on the pupil-teacher ratio prescribed by RTE, which in turn affects the quality of education.

Conclusion

The right to education for everyone and free education for specific age groups is a fantastic government policy that we applaud, since literacy is essential for a developed nation's population to earn their bread and contribute to the economy. Every coin must have the same face. RTE has met with both criticism and praise. The right to education is a basic right, and UNESCO aims to achieve universal education by 2015. India, along with other countries throughout the world, should make true and honest efforts to make this aim a reality.

Frequently Asked Questions

Q1. What is the main objective of the RTE Act of 2009?

Ans. The RTE Act's major goal is to ensure that every kid in India obtains a quality elementary education, regardless of economic or caste background; this includes children who are forced to drop out of school. It also guarantees that schools follow specific criteria regarding facilities and labour in order to preserve educational quality. The Act places the government in charge of ensuring its implementation.

Q2. Is education a right or a privilege?

Ans. Education is a right, not a privilege, for every individual. This means that everyone has the legal right to an education. Individuals cannot be discriminated against in education because of their caste, religion, gender, or socioeconomic status. The Right to Education Act (RTE), Article 21-A of the Indian Constitution, grants this right in India.

Q3. What is the age limit for RTE?

Ans. Under the Act's provisions, all children between the ages of 6 and 14 have the right to free education.