Constitutional Provisions Regarding Right to Education in India Constitutional Provisions Regarding Right to Education in India (original) (raw)
Related papers
2019
From 1945 onward education became compulsory for Indian students. The government took useful steps to making education free for all children. In this way only Kerala was success in making all the children literate. But for poor even though the education is free but the charge for uniform, books and food is really high for them to effort. So many poor people avoid their children to go to school due to poverty problem so many children are still illiterate. One third of India's population is living under poverty line. To solve the education problem, government has made primary and secondary free for Indians.
The cost and financing of the right to education in India: Can we fill the financing gap?
International Journal of Educational Development, 2012
Constitution have binding character-and their violation invites penalties. In December, 2002, the Indian Parliament passed the Constitution 86th Amendment Act which mandated the provision of free and compulsory education, by inserting Article 21A in the list of Fundamental Rights: ''the State shall provide free and compulsory education to all children of the age of 6-14 years in such a manner as the State may, by law, determine''. Article 21A in the Fundamental Rights chapter replaced Article 45 in the Directive Principles of State Policy: ''the State shall endeavour to provide early childhood care and education for all children until they complete the age of 14 years''. But the 86th Constitutional
The Right to Elementary Education in India: Connotations and Reflections
Universal Journal of Educational Research, 2020
This Research paper deals with the conditions of the education of children in India, the various schemes and policies carried out in providing education. How Elementary Education has developed in India? Attempts are made to find out the laws in the country, in which basic education finds the place in this respect nature and scope of Right to Education Act has been analysed. Education plans, policies and various Government schemes have been discussed. Paper examines and investigates the constitutional growth of Education with aims to achieve the goal of equal opportunity to all and social justice as enshrined in the Preamble of the Constitution. Various articles inherent in the Indian constitution have been discussed. Judicial response to the need of the right to education has also been highlighted. Global Commitment for Compulsory Education has also been discussed with agenda 2030 which refers to the global dedication of the Education for all. Lastly, there is a conclusion and some suggestions. The certainty and promise RTE Act which shows up on paper should be fulfilled in its execution which is very defective. Despite the fact that several legislative enactments, judicial pronouncements, and many government schemes make effective implementation of elementary education, we are lacking behind to achieve the desired goals and to meet with an international commitment regarding compulsory education. In the same way, as other endeavoured social changes in India, this also needs to begin at the grass-root level and requires a boundless effort to make a difference in a deep-rooted mind.
Indian Perspective on Child's Right to Education
Procedia - Social and Behavioral Sciences, 2012
Purpose of Study: The education system does not function in isolation from the society of which it is a part. Unequal social, economic and power equations, deeply influence children's access to education and their participation in the learning process. This is evident in the disparities in education access and attainment between different social and economic groups in India. There were an estimated eight million 6 to 14 year-olds in India out-of-school in 2009. The world cannot reach its goal to have every child complete primary school by 2015 without India. In 2010, India implemented the Right to Education Act (RTE), to legally support inclusive education. Today, 18 crore children are taught by almost 57 lakh teachers in more than 12 lakh primary and upper primary schools across the country. This notable spatial spread and physical access has, however, not been supported by satisfactory curricular interventions, including teaching learning materials, training designs, assessment systems, classroom practices, and suitable infrastructure. The present paper attempts to: (a) Understand the Indian perspective on child's right to education, (b) Analyse the feasibility of RTE and highlight the challenges in its implementation in India, (c) Present Case Studies to describe the present Indian scenario in education for the marginalised children in two progressive states of India that have the potential to show a way for the rest of the country. In this study, the common issues that emerged, in deterring inclusion in two states of India were: attitudinal barriers, lack of awareness of the legal provisions and subsequent schemes, accessibility of schools being meagre, lack of necessary infrastructure , lack of and retention of trained staff adaptation of curriculum and materials and lack of control systems. Though India has taken ownership for inclusive education by establishing legal provisions through the RTE, several issues continue to be faced. While many innovative programmes have been initiated, a stronger partnership between the government and the common man together is what is required to bring about the desired difference.
Right to Education in India: A Study
SSRN Electronic Journal, 2012
In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right to primary education part of the right to freedom, stating that the State would provide free and compulsory education to children from six to fourteen years of age. 1 Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008. 2 The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), which was passed by the Indian parliament on 4 August 2009, describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010. The bill was approved by the cabinet on 2 July 2009. Rajya Sabha passed the bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It received Presidential assent and was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the Prime Minister. In his speech, Manmohan Singh, Prime Minister of India stated that, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." People are not aware
Children ( under 15 years of age) growing up in poor and/or nutritionally deprived households also live with a number of layers of deprivations that stifle their freedom to actively participate in and benefit from elementary school education. Lack of health care, limited access to quality schooling and opportunity cost of participation in education are some of these layers. Human Development Report 2010, using Oxford University’s newly developed Multidimensional Poverty Index, adds more dimensions to poverty measures over and above those of the Indian Planning Commission’s (2009) new measure or absolute poverty used in this paper. These enrich our understanding but do not directly deal with children growing up in absolute poverty and non- participation in schooling. This issue can be meaningfully explored with household as the unit of analysis. The paper uses household level data for 2004–05 (NSS 61st Round) and 1993–94 (NSS 50th Round) for India and also major states to analyze these issues. We start with the size of child population, changing share of states and uneven demographic transition in India (particularly the movement in Total Fertility Rates across Indian states) during 1961–2001. Changes in the number of children and the household size in very-poor, poor, non-poor low income and nonpoor high income households from 1993–94 to 2004–05 are analyzed within the crosssections and also between the two cross-sections. Participation in education, and nonparticipation separated as child labor and Nowhere (neither in schools nor in labor force) by poverty status at the all-India and the state levels are reported and commented upon. Changes in magnitudes & proportions of children in poverty in India and across states during 1993–94 & 2004–05 are presented and the share of some states in these magnitudes is highlighted. The determinants of non-attendance in schools (i.e. child being in the labor force or ‘no-where’) for 5–14 year olds are analyzed using formal econometric models — Probit with binary variables and also Multinomial Logit Models. The results are robust and confirm our descriptive analysis. Finally, broad features of The Free and Compulsory Elementary Education Act, 2009 (Law w.e.f. April, 2010) are reported and linked to the policy implications of our empirical findings for meaningful implementation of the Elementary Education Law. Potential usefulness of Unique ID in delivery of child focused services and monitoring is also highlighted.