Right to Education


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Right to Education - never fades : An informative slide presentation by Soundararajan, Biz and Legis, International Law firm India. Pioneers in Virtual Legal Practice Globally. Biz and Legis provides online legal service, legal answers and Litigation support services.

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Right to Education

  1. 1. Presented at Biz & Legis(as a part of Internship)bySoundararajan.RSymbiosis Law School-NOIDASIU, Punewww.bizandlegis.com
  2. 2. Universally Accepted Article 26 of 1948 Universal declaration of humanrights - “Everyone has the right to education” Directive principles of State policy under Article 45(by then) Not enforceable and justifiable. Is there any justification for the right to education? Are there minimum guidelines for the right toeducation?08-06-2013 2www.bizandlegis.com
  3. 3. Stepping Stone Dadabhai Naoroji and Jyothiba Phule werepioneers who demanded free education in India. Education is a fundamental human right andessential for the exercise of all other human rights. Itpromotes individual freedom and empowermentand yields important development benefits. The first regulation on compulsory education -introduced by the State of Baroda (now Gujarat) in1906. 08-06-2013 3www.bizandlegis.com
  4. 4. Transformation.. Free and Compulsory Education made its wayinto the Constitution as a Directive Principleof State Policy under former Article 45. States were required to ensure the provisionof Free and Compulsory Education to allchildren till the age of fourteen years within aperiod of ten years of the commencement ofthe Constitution.08-06-2013 4www.bizandlegis.com
  5. 5. Amendments made… Article 21–A (education for children in the agegroup of six to fourteen years) {Former} Article 45 Article 51–A (k) (fundamental duty on parents)08-06-2013 5www.bizandlegis.com
  6. 6. After amendments Article 21-A : The State shall provide free andCompulsory education to all children of the age ofsix to fourteen years in such a manner as the Statemay, by Law, determine. Art. 45: The State shall endeavour to provide earlychildhood care and education for all children untilthey complete the age of six years Art. 51 A (k): who is a parent or guardian to provideopportunities for education to his child or, as thecase may be, ward between the age of six andfourteen years.".08-06-2013 6www.bizandlegis.com
  7. 7. Constitutional Validity Came into force on April 1, 2010 The Supreme Court in Society for Un-aided PrivateSchools of Rajasthan v. U.O.I. & Anr. upheld theconstitutional validity of the Right to EducationAct, 2009, which mandates 25% free seats to thepoor in government and private unaided schoolsuniformly across the country. Chief Justice S.H.Kapadia said the act will apply uniformly togovernment and unaided private schools exceptunaided private minority schools.08-06-2013 7www.bizandlegis.com
  8. 8. Highlights Section 3(2) inter alia provides that no child shallbe liable to pay any kind of fee or charges orexpenses which may prevent him or her frompursuing and completing the elementaryeducation. The other purpose of enacting Section 3(2) is toprevent educational institutions chargingcapitation fees resulting in creation of a financialbarrier which prevents a child from accessing orexercising its right to education which is nowprovided for vide Article 21A08-06-2013 8www.bizandlegis.com
  9. 9.  25% of seats in private schools for weakersections. A fixed student-teacher ratio should bemaintained. Commissions to keep a check on schools The Schedule – provides basic norms andforms for effective implementation of theAct.08-06-2013 9www.bizandlegis.com
  10. 10. Judicial pronouncements In Ashoka KumarThakur v. Union of India;observed that without Article 21A the otherfundamental rights are rendered meaningless.08-06-2013 10www.bizandlegis.com
  11. 11.  In Miss. Mohini Jain v. State of Karnataka andOrs,"right to education" u/art. 45 of theConstitution a reality, the fundamental rightsunder Chapter III shall remain beyond thereach of the large majorities which areilliterate. The State is under an obligation tomake an endeavor to provide educationalfacilities at all levels to its citizens”.08-06-2013 11www.bizandlegis.com
  12. 12.  In Unni Krishnan, J.P. and Others v. State ofAndhra Pradesh and Ors,“The right to education is contained in asmany as three Articles in Part IV, viz., Articles41, 45 and 46, which shows the importanceattached to it by the founding- fathers. Theright to compulsory and free education up tothe age of14 years is a fundamental right ofevery child”.08-06-2013 12www.bizandlegis.com
  13. 13. Affecting factors Locality Poverty Early Marriage Health issues (malnutrition)08-06-2013 13www.bizandlegis.com
  14. 14. Obligation Social face of India is poor and dark. A healthy;happy and educated population is the basiccomponents and indicators of development andprogress of a nation.The State is under obligation to provideeducation facilities at affordable cost to allcitizens of the country. Private institutes (then)are not under any such obligation and they arerunning the education institutes purely ascommercial monetary profit earning activity.08-06-2013 14www.bizandlegis.com
  15. 15. Conclusion Every generation looks up to the next generationwith the hope that they will build up a nationbetter than the present. Therefore, education which empowers the futuregeneration should always be the main concernfor any nation. It is the Sign of freedom, a controlling grace, andbasis of successful life. Education is not apreparation for life; education is life in itself.08-06-2013 15www.bizandlegis.com
  16. 16. Writer can be reached at : nellai94@gmail.com08-06-2013 16www.bizandlegis.com