Right to Education

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Table of Contents
* INTRODUCTION……………………………………………………………… 6 * RIGHT TO EDUCATION: A HISTORICAL OVERVIEW ………………………7-12 * PRE-INDEPENDENCE ERA
* SUPREME COURT ON THE RIGHT TO EDUCATION
* APPROACH OF VARIOUS COMMISSIONS
* INTERNATIONAL TREATY OBLIGATIONS
* THE 86TH AMENDMENT ACT
* THE RIGHT OF CHILDERNS TO FREE AND COMPULSORY EDUCATION ACT, 2009 ………………………………………………………………………..12-15 * HIGHLIGHTS OF THE ACT
* CONCLUSION ………………………………………………………………….15-16 * BIBLIOGRAPHY ……………………………………………………………….17-18

I.Introduction
Education is the most effective tool and medium for human development. Right to education has been judicially construed to fall within the guarantee of right to life in Article 21 and now it is being expressly included in Part III of the Constitution as a fundamental right. The right to education of every child is clearly a human right and its proper direction a human right issue. Children’s right to education has close link to their right to development. India being a party to the Convention on the Rights of the Child, 1989, is committed to support development of children so as to promote their right to life under Article 21 of the Constitution of India. Education is a medium of exposure for a child to different points of view based on depiction of established facts. Education changes the mindset through a continuing process involving research, experiment and innovation. Without such practices a nation cannot expect the future citizens of this country to be informed and creative. The education is an essential and integral component for human development, and consequently it may be regarded as a basic right, beyond security and subsistence. In fact it may even be said that if subsistence is a basic right, then education is inherent to having the capability to subsist. Here, we are not even talking about higher education, just elementary education, which is definitely necessary for everyone to be able to first realize that certain rights are denied to them or are infringed and further protect his or her other rights. Education is central to the realization of substantive equality (equality in fact), which has been legally recognized as the necessary counterpart of formal equality (equality in law). It has been held in numerous cases by the Apex Court that the right to life of dignity is incomplete without the right to education. The right to education is held by the Court to flow from the right to life. Following this ruling, the 86th Constitution Amendment Act, 2002 added Article 21-A, to the Constitution of India, which states, “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, by law, determine.” The 86th Amendment also modified Article 45, a Directive Principle of State Policy, which now reads as “The State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.” II.Right to Education: A Historical Overviews

Before going to detail the debate about the right to education, it is essential to realise how the current position has been reached and what ideas and thoughts have played a part in this process, in order to better appreciate the situation today. Thus, a historical enquiry, into the right to education becomes a necessary, for discussion the above issues. A.Pre-Independence Era

In pre-independent India, a couple of significant efforts were made to introduce universal free compulsory basic education. Gokhale, made an effort to make primary education compulsory. He moved a resolution in the Imperial Legislative Council: “a beginning should be made in the direction of making elementary education free and compulsory throughout the country.” The bill was, however, rejected. Another effort was made by Gandhiji and Dr. Zakir Hussain, what is popularly known as Wardha Scheme of Education. In the British...
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