Right of education(21-A)

Education is one of the important part in each and every human life. If a person was educated he acquires knowledge, learns behavioral activities and methods to survive in the society. In simple manner, a person will be respected if he had some dignity in the society, and the only way to attain dignity and personality is educating himself. Education is a basic human right for all and is important for everyone to make the most of their lives. Other human rights include the right to freedom from slavery or torture and to a fair trial.

Having an education helps people to access all of their other human rights. Education improves an individual’s chances in life and helps to tackle poverty. 

Education reduces poverty, decreases social inequalities, empowers women and helps each individual reach their full potential.

It also brings significant economic returns for a country and helps societies to achieve lasting peace and sustainable development. Education is key to achieving all other human rights. 

 After Independence only it was raised to great extent. According to the 86th Amendment Act 2002, right to education was justified under the Article 14 and 21 as a part of fundamental right guaranteed to all citizens.

Right to Education – Article 21(A):
This article says state shall provide free and compulsory education to all children of the age of six to fourteen years.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

The administration activities in educational department in India was not much active. It must be developed by the proper planning by the executives. Though it was planned it does not exercise it properly, due to the corrupted hands in administration level. This situation must be deserted to the development of India in education system.

Every person is entitled to a quality education without discrimination, which means:

  • A compulsory free primary school education for every child
  • Secondary school (including technical training) must be available to everyone – states must work towards providing this for free
  • Higher education must be equally accessible, with countries working towards the goal of making this free
  • Fundamental education for those who missed out on primary school should be encouraged and available

It also means parents have the right to choose schools for their children and for individuals and organizations to set up schools that meet minimum standards.

Governments must provide good quality education and make sure all children can access it, without discrimination.

This is an international legal obligation and governments can be held accountable for failing to provide education for all its citizens.

Governments have to make sure all children can get the education they are entitled to by doing the following:

  • Removing anything that prevents access to quality education, such as repealing laws that cause discrimination
  • Preventing individuals or groups from stopping children from being educated
  • Taking steps to make sure children can get a quality education – this could include building schools or training teachers

The prominent organizations around the world striving for promotion of Right to Education are:
1. United Nations Educational, Scientific and Cultural Organization (UNESCO)
2. United Nation Children’s Fund (UNICEF)
3. World Bank
4. International Labour Organization (ILO)

The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into a fullness of physical and vital energy.

Every generation looks up to the next generation with the hope that they shall build up a nation better than the present. Therefore education which empowers the future generation should always be the main concern for any nation. It is now an undisputed fact that right to education can be realized on a national level only through compulsory education.