Preview

Right to Education

Powerful Essays
Open Document
Open Document
4743 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Right to Education
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



Bibliography: * D. Wilson, “Minority Rights in Education, 2002” sourced from www.right-to-education.org. * Deepa A, “A Right Full of Wrongs”, India Together, 11 September 2005. Available at: http://www.indiatogether.org/2005/oct/edu-rightedu.htm, visited on 25th August, 2006. * J.V. Deshpande, “Elementary Education as Fundamental Right” Economic and Political Weekly, September 20, 1997. * M.A. Wani, “Education as a Human right: Policy and Action in India” 40 Journal of the India Law Institute, 1998. * M.R. Madhavan & R. Manghnani, “Legislative Brief: Right to Education Bill, 2005”, India Together, 28 December 2005. Available at: http://www.indiatogether.org/2005/dec/edubill. htm, visited on 26th August, 2006. * S. Balagopalan, “Free and Compulsory Education Bill, 2004” Economic and Political Weekly, August 7, 2004. * S. Mane, “The Coming of Article 21A” 10 Lawyers Collective 15 (2003). B. Books * B. Shiva Rao, The Framing of the Constitution - Select Documents (New Delhi: Indian Institute of Public Administration, 1968). * S.P. Agrawal & M. Usmani, Children 's Education in India: From Vedic Times to Twenty First Century (New Delhi: Shipra, 2000). * Central Advisory Board of Education Committee, Report on Free and Compulsory Education Bill & Other Issues Related to Elementary Education, 2005 * Convention on the Rights of the Child. * International Covenant of Economic, Social and Cultural Rights, 1976. * Right of Children free and Compulsory to Education Act, 2009. * The Constitution of India, 1950. * The Universal Declaration of Human Rights, 1948. [ 3 ]. D. Wilson, Minority Rights in Education, 2002; www.right-to-education.org. [ 4 ]. Mohini Jain v. State of Karnataka, (1992) 3 SCC 666, at 679-680; University of Delhi v. Ram Nath, MANU/SC/0143/1963. [ 5 ]. S.P. Agrawal & M. Usmani, Children 's Education in India: From Vedic Times to Twenty First Century (New Delhi: Shipra, 2000) at127-129. [ 6 ]. Ibid, at 136-141. See Also, S. Balagopalan, “Free and Compulsory Education Bill, 2004” Economic and Political Weekly, August 7, 2004, at 3587. [ 8 ]. Bandua Mukti Morcha case, (1984) 3 SCC 161. [ 9 ]. Mohini Jain v. State of Karnataka, (1992) 23 SCC 666. [ 10 ]. Unnikrishnan v. State of Andhra Pradesh, (1993) 1 SCC 645. [ 15 ]. S. Mane, “The Coming of Article 21A” 10 Lawyers Collective 15 (2003), at 15. [ 18 ]. UNICEF Website, http://www.unicef.org/crc/crc.htm, visited on 6 November, 2005. [ 21 ]. M.A. Wani, “Education as a Human right: Policy and Action in India” 40 Journal of the India Law Institute 243 (1998), at 243-244. [ 23 ]. A. Sadgopal, “Political Economy of the Ninety-third Amendment Bill” Mainstream, 22 December, 2001 at 43. [ 24 ]. See, M.R. Madhavan & R. Manghnani, “Legislative Brief: Right of children free and compulsory Education Act, 2009”, Available at: http://www.education.nic.in/elementary/free%20and%20compulsory.pdf, visited on 5th December, 2011. [ 25 ]. Section 3, The Right of Children free and Compulsory to Education Act, 2009. [ 26 ]. The Right of Children free and Compulsory Education Act, 2009.

You May Also Find These Documents Helpful

  • Good Essays

    An education provides people not only with the academic skills required, but also the social skills such as having the self confidence and belief in ones self to achieve a fulfilling and happy life. It is every child’s human right to receive such an education from early years to higher, and therefore several stages in which they must travel for this to happen.…

    • 1487 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Salamanca Statement

    • 1433 Words
    • 6 Pages

    “.....every child has a fundamental right to education and must be given the opportunity to achieve and maintain an acceptable level of learning,” (UNESCO…

    • 1433 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Desmond Tutu said it best – all children everywhere deserve a quality education which is one of their fundamental human rights. For many, it is truly impossible to understand the experiences of people who grow up without access to basic human necessities. We live in a time where centuries of suppressed inequalities are being brought to light and access to basic human rights is being threatened. The belief that a quality public education is a human right for all children, coupled with my own experience, is what motivates and inspires me to want to become an urban teacher.…

    • 470 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Sociological Issues

    • 1489 Words
    • 6 Pages

    It is very important for everyone to get education, it helps in changing life. There should be a wish for to improve the educational system and to always be ready to develop it. There are numerous ideas as to what comprises an ideal education. There may be lot of factors come together to make an ideal education (Haralambos, 2000). Deprivation may effect a child 's education in many ways. Children that live in poverty often live in the most deprived areas of a neighbourhood (Ball, 2003). These areas often have schools which may be at the lower end of performance league tables. League tables show that schools in areas of social…

    • 1489 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Indian Poverty

    • 6708 Words
    • 27 Pages

    [ 18 ]. Kurian, R. (2002). India: To Act and Learn. In (pp. 41-55) Oslo: Fafo.…

    • 6708 Words
    • 27 Pages
    Powerful Essays
  • Powerful Essays

    India stands out for the size and dynamism of its services sector. The Service Sector in India today accounts for more than half of India's GDP. The contribution of the services sector to the Indian economy has been manifold: a 55.2 per cent share in gross domestic product (GDP), growing by 10 per cent annually, contributing to about a quarter of total employment, accounting for a high share in foreign direct investment (FDI) inflows and over one-third of total exports, and recording very fast (27.4 per cent) export growth through the first half of 2010-11. Services, especially education service plays a major role in service sector. India has the third largest higher education system in the world, next only to China and the United States. The education is start from the right time of child is born throughout his life time he is in a constant state of learning and finding new things in order to better equip himself to face the world. Such is the scope of the education that providing the right, equal, and relevant education should hence be a matter of utmost priority for the policy makers in the country. This paper discuss about the problems, Ethics of India’s education system due to changes through policy reforms.…

    • 3116 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    A stable and democratic society is impossible without a minimum degree of literacy and knowledge on the part of most citizens and without widespread acceptance of some common set of values. Education can contribute to both. In consequence, the gain from the education of a child accrues not only to the child or to his parents but also to other members of the…

    • 622 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the post- independence era, numbers of steps were initiated in this direction. The preamble of Indian constitution emphasized the need for equal opportunities for the entire population of the country irrespective of caste, creed or religion. The Constitution of India in A- 21 (A), 24 and 39 of the directive principles of state policy pledges its commitment towards the cause for upliftment of children. According to A-21(a) the state shall provide free and compulsory education to all children of age of 6 to 14 years as stated by law.…

    • 792 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Even now after 60 years of our independence, no such right has been provided to the children of India. Successive governments at the centre had not given any consideration and have pathetically failed in providing public education in India.…

    • 1201 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Childs Right to Education

    • 1434 Words
    • 6 Pages

    The rights of education are stressed out in the Convention on the Rights of the Child in article 23, 28 and 29 respectively. In these articles, it is about the right of mentally or physically incapacitates children, the right of children to educations and all that goes with it such as disciplines and among other things.…

    • 1434 Words
    • 6 Pages
    Good Essays
  • Better Essays

    essay on indian education

    • 3103 Words
    • 13 Pages

    To strengthen the Indian Education System, an educational policy was adopted by the Indian Parliament in 1968. Education was made an important and integral part of the national development efforts. After independence there has been an effort to spread education to all levels of Indian society. Statistics point to the fact that 99 per cent of children in age group 6-11 years have been enrolled in school. However, to bring the remaining into the ambit of universal primary education is proving difficult because some reside in inaccessible areas, there is a deep rooted prejudice against educating girls there are practical difficulties of distance and inaccessibility of schools. Moreover, the dropout rate is so high that universal elementary education (UEE) is quite an elusive goal.…

    • 3103 Words
    • 13 Pages
    Better Essays
  • Satisfactory Essays

    Midterm

    • 382 Words
    • 2 Pages

    There are people who affirm that education is one of the most valuable factors that are important for a country’s development. But they don’t take into account that there are other important factors in the development of a country, such as health. This essay will discuss both positions about education and the development of a country and it will present different ideas that agree and disagree with the principal statement.…

    • 382 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Research Proposal

    • 1248 Words
    • 5 Pages

    The increasing expectation toward education (and getting ‘qualifications’ and ‘English’ ability) is visible almost all over India, even among those who have not been able to access to education. New schools, especially so-called ‘public’ schools, recognized and un-recognized, are being set up, and the enrolment ratio at the primary level have reached almost 100% (in some states, over 100%), though the drop-put ratio at primary level is still alarmingly high in some states.…

    • 1248 Words
    • 5 Pages
    Better Essays
  • Good Essays

    “Everyone has the right to basic education free of charge. Provisions on the duty to receive education are laid down by an Act. The public authorities shall, as provided in more detail…

    • 912 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Education and Privilege

    • 470 Words
    • 2 Pages

    Education is not a right, because people are not forced to go to school. In poor countries the education is the last thing on people’s minds. Eating, drinking clean water, and surviving the day are their main concerns. Education is a blessing to the ones that actually get to attend school.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays