The document explores the concept of education in both a broad and technical sense, outlining its role in transmitting knowledge and values across generations. It delves into the educational framework in India, highlighting constitutional provisions, the Right to Education Act, and the efforts to eradicate child labor through legal reforms. Key issues in the current education system, such as government-centric policies and lack of accountability, are also discussed.

2. What is education?
• Broader & general sense – means through
which habits of a group of people lives on
from one generation to the next
• Narrow & technical sense - education is the
formal process by which society deliberately
transmits its accumulated knowledge, skills,
customs and values from one generation to
another, e.g., instruction in schools

3. EDUCATION IN INDIA
• Provided by Public and private sector
• Funds – federal, state and local
• With the establishment of British Raj in India –
Western education
• Nalanda University – old institution

4. STILL A DREAM FOR SOME…
• Why???
Child labor
Bihar, MP, AP, UP
Illiteracy

5. UDHR
• Article 26
(1) Everyone has the right to education. Education shall be free, at
least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights
and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for
the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that
shall be given to their children.

6. CONSTI. PROVISIONS IN INDIA
• Directive Principle - article 45 – ‘provision for
free and compulsory education for all children
up to the age of fourteen years within ten
years of promulgation of the Constitution’.
• Fundamental duty – article 51A(k) - who is a
parent or guardian should provide
opportunities for education to his child or, as
the case may be, ward between the age of six
and fourteen years.

7. CONSTI. PROVISIONS IN INDIA

8. JUDICIAL PRONOUNCEMENTS
• Mohini Jain Vs State of Karnataka
Issue Raised – Is there a 'right to education'
guaranteed to the people of India under the
Constitution?
Court Held – Art. 41 & 45 (DPSP)
Now, FR – Art. 21A (86th amendment, 2002)
• Ashoka kumar thakur Vs Union of India
Court Held – Without art 21A, all other
fundamental rights are meaningless.

9. • RTE heralded as Means to End Child Labour in India
• The National Commission for Protection of Child
Rights (NCPCR), ILO, UNICEF, UNESCO and the
corporate sector - WORLD DAY AGAINST CHILD
LABOUR

10. All these factors
contributed and
finally gave birth to
the new Act –
RIGHT OF CHILDREN
TO FREE AND
COMPULSORY
EDUCATION, 2009

11. Education a Fundamental Right : India
DIRECTIVE
PRINCIPLES OF
STATE POLICY
Supreme Court (1992) : Right to
Education inherent in ‘Right to Life’ and
‘Right to Equality’
Article 21A (2002): “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 determine, by law.”
Right of Children to Free and Compulsory Education Act, 2009
21A and RTE Act enforced w.e.f. 1st April, 2010

12. Right to Education means:
• (a) Every child/ citizen of this country has a
right to free education until he/she completes
the age of fourteen years and
• (b) After a child / citizen completes 14 years,
his/her right to education is circumscribed by
the limits of the economic capacity of the
State and its development

13. Right of Children
Free and Compulsory admission, attendance,
Completion of Elementary Education
Removal
of
Financial
barrier
Compulsion on Government
Duty of Parents
Special provision for children
with disabilities
No Expulsion
No detention
Bars corporal punishment
Mental harassment
Special provision
for Out-of-School children

14. IMPORTANT DEFINITIONS
 Sec. 2 (d) “Child belonging to disadvantaged
group”
 2 (e) “Child belonging to weaker section”
 2 (f) “Elementary Education”
 2 (h) “Local Authority”
 2 (n) “School - 4 categories of schools”

15. SCHEMES LAUNCHED
• Navodaya Vidyalaya Samiti
to provide good quality modern education to the
talented children predominantly from the rural
areas, without regard to their family's socio-
economic condition.

16. SCHEMES LAUNCHED
• Sarva Shiksha Abhiyan
Sarva Shiksha Abhiyan (SSA) is Government of India's
flagship programme for achievement of
Universalization of Elementary Education (UEE) in a
time bound manner, as mandated by 86th
amendment to the Constitution of India making free
and compulsory Education to the Children of 6-14
years age group, a Fundamental Right.

17. RTE – MAJOR HICCUPS
• Excessively govt centric
• Antagonistic towards private initiative
• Lack of accountability and transparency
• Lack of clarity in financing
• Alternative educational methods – American
model, Kendriya Vidyalaya model.
• Lack of public debate
• Disconnect btwn society and law