Abstract

This article will cover a wide range of topics related to the Indian constitution, including the fundamental necessity for education in light of human rights, educational issues in India, rights linked with education, actions, amendments, and funding allocation. A basic human right, education is necessary for the fulfillment of all other rights. It provides significant benefits for growth and encourages personal autonomy and empowerment.

However, millions of people and children continue to lack access to education, many of them as a result of poverty. All Indian citizens are guaranteed access to education by the state through provisions in the constitution. When the Indian constitution was first passed, education was designated as a state subject.

Introduction

It's terrible that only 50% of Indian children between the ages of 6 and 14 attend school. Three million kids in the six to fourteen age range don't go to school. Additionally, 70 million kids worldwide are prohibited from attending school every day. Education is the process of acquiring knowledge, skills, beliefs, and habits; it also aids in the social and economic marginalization of people and helps them escape poverty.

The Indian government responded to these concerning developments by enacting the Right to Free and Compulsory Education Act (RTE) and designating education as a basic right for children aged 6 to 14. The Right to Education Act is a parliamentary act that was proposed on August 4, 2009, and it serves as a model for the significance of free and compulsory education in India for children that fall between the ages of six and fourteen. With the implementation of the right to education as a fundamental right given to every child under Article 21A of our constitution, India has risen to the position of 135th among all countries. This act becomes operative on April 1st, 2010.

Features of the Right to Education Act (RTE)

• No child will be delayed, banished, reprimanded, or asked to pass a board exam until they have completed primary school.
• A child above the age of six who has not yet been admitted to any school will be placed in a class appropriate for their age. In contrast, a child who is expected to be admitted to a class based on age has the right to particular care and instruction within any time constraints that may be stipulated, so that the kid can be compared to others. As long as the child is further granted admission, he or she will be entitled to free elementary education up until the age of 14 and will get it until the completion of the program.
• Proof of age required for entrance: A child's age is based on the birth certificate that was issued in compliance with the provisions of Birth for admission to primary school. marriages and death registration act of 1856 or using any further documentation that may be included in the appendix. But no youngster should be denied entry to a school because they don't have the necessary documentation or proof of age.
• All private schools shall require a twenty-five percent reservation for students from economically challenged and underprivileged communities upon entrance to Class I.
• Within five years, school instructors must obtain a sufficient professional degree; if they fail to meet this requirement, they risk losing their jobs.
• Every three years, schools with problematic infrastructure must make improvements; otherwise, their accreditation will be revoked.
• Since education is under the concurrent list, the federal and state governments will split the associated costs.

Criticism Related to the Right to Education Act

1) Lack of proper infrastructure

Another threat is the lack of infrastructure that is secure and safe. Most schools lack the required elements found in the Schedule of the RTE Act, which is read with Sections 19 and 25 of the RTE Act. These provisions include things like a correct teacher-student ratio, separate restrooms for boys and girls, ramps for the physically disadvantaged, and other standards and norms for the school. Adequate funding allocation and mismanagement of allocated funds have posed a significant obstacle to the establishment of adequate school infrastructure.

2) Lack of care towards children outside the age mandate

Only students between the ages of six and fourteen are served by such provisions. However, the majority of preschool education begins just at the age of 2.5 years. The only directives in nature are those found in Section 11 of the RTE Act and Article 45 of the Constitution, which require the state to implement appropriate preschool-level policies. Therefore, even if the RTE Act permits children to enrol at any level that is appropriate for them, the lack of appropriate bridging courses or classes or of free and required education prior to the age of six puts real obstacles in the way of the children's educational journey.

3) Lack of coordination with child labour prohibition laws

The fact that millions of child labourers continue to toil away in the shadows is a significant additional factor in the revaluation of the age category under the RTE Act. The majority of these kids are not in the six to fourteen age range. Child labour will not disappear if the provisions of the RTE Act and the Child Labour (Prohibition and Regulation) Act, 1986 are not properly synchronized and appropriately referenced, nor if societal problems such as child abuse are properly mitigated. Enacting laws that prohibit child labour in conjunction with protecting children's rights to education will increase the likelihood of getting kids from dangerous jobs into schools.

Right to Education as a fundamental right

Right to Education under Article 21-A of the Indian Constitution

The 86th Constitutional Amendment Act, 2002 (effective 1.4.2010) was passed by the Parliament in order to better implement the Unni Krishnan ruling. It inserted Article 21-A under Part III of the Constitution, which guarantees every child between the ages of six and fourteen the fundamental right to free and compulsory education. Since education provides the foundation for one's capacity to uphold one's fundamental rights, Article 21-A has been lauded as the most important of all the fundamental rights. In Ashok Kumar Thakur v. Union of India, this was noted.

In this context, it should be mentioned that every kid has the right to receive their education in the language of their choosing under Article 21-A read in conjunction with Article 19(1)(a). The state of Karnataka v Associated Management of Primary & Secondary Schools &. Ors. held it.

Furthermore, as stated in the Avinash Mehrotra v. Union of India & Ors. case, every child has the fundamental right under Article 21-A to receive an education free from fear of security and safety. This is because the children have the right to receive an education in a sound and safe building with certain fire safety precautions in place.

Constitution on Education

Every person is guaranteed social justice by the fundamental structure, and as education is a social issue, politicians must address it if the populace is not reading at a level that allows for equality of opportunity to exist in practice. And social transformation—the cornerstone of education—cannot be reached if a person is not given the opportunity to live a life free from suffering and issues.

The right to education has evolved into a fundamental right and is protected under article 21-A of part III of the Indian constitution. In the Mohini Jain v. State of Karnataka case, this was carried out. A division bench of the Supreme Court decides this matter. A justice panel made up of R.M. Sahai and Kuldip Singh declared:

"The right to education is fundamental to the right to life, and it is closely related to it. Only when education plays a major role in life can one be guaranteed to live with dignity?"

In J.P. Unnikrishnan v. State of Andhra Pradesh, a five-judge panel later re-examined the legitimacy of this decision and concluded that:

"The right to education" refers to a citizen's ability to request that the state give educational resources to them in accordance with their financial situation.

The aforementioned cases list the right to education as a fundamental right in section III. The Supreme Court cited the aforementioned ruling in connection with the case of Bandhua Mukti Morcha, etc. v. Union of India. There are numerous other cases that argue that the right to education is a fundamental right, such as Maharashtra State Board of Secondary and Higher Education vs. K.S. Gandhi.

As a result, the State would have a duty to guarantee children the resources and opportunities specified in Articles 39(e) and 39(f) of the Constitution, as well as to stop the exploitation of children because of severe poverty and other issues.

Conclusion

In general, education accounts for 5% of a nation's GDP in order to promote social reform. The key to becoming more refined or ahead of others who lack education is education. Education is an effective means of giving people the chance to reach their greatest potential. Numerous other conventions address the right to education in support of the UN Human Declaration on the advancement and promotion of that right. The international organizations AMNESTY, UNESCO, and UNICEF worked tirelessly to advance the right to education for all people everywhere. India is now the 135th nation to have enacted the right to education after this move.

In order to improve the creation of the educational framework, the Indian Parliament also passed the Education Act, which established the right to education as a fundamental right under Article 21-A of the 86th constitutional amendment. which offer students in the age range of 6 to 14 free and mandatory schooling. They have some elements that require municipal and state governments to guarantee every child in our nation the right to an education; if they don't, they are all responsible for it. Since the rate of literacy is still in its early stages, further legislation and an ordinance protecting the right to education will need to be implemented in order to see an increase in this rate. Then, the only country that can become a developing nation is India.

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