Right To Education

Life these days without education is hard to survive. Education is the only process to govern the life process smoothly. Without education man is like an animal, every single person has the right to education as a fundamental right for this The government introduced the right to education in our Indian constitution for free and compulsory education to all children aged 6 to 14.

What is education?

Education is an important or purposeful activity based on which person pulls himself/ herself towards achieving a goal due to lack of it, they don’t know about their right.

Educating the mind without educating the heart has no educating at all. ( Aristotle)

So in our Indian constitution Right to education was introduced from the 86th Amendment Act 2002 to Article 21A as a fundamental right no child shall be deprived of getting an education to the age of 6 to 14.

Child labor:

In India, there are several families whosoever not send their children to school because of the lack of money, Due to this cause they send their children to earn money to work at dangerous places, but some people hire these children to work in their organization but in our Indian constitution, it is crime to hire child up to the age of 6 to 14.

Therefore kids are still involved in work in these types of places to get some money for their families.

The situation of India in Ancient times as well as present time in regards to education:

In Ancient times in India, even people were not aware of the importance of education.

if we look at the situation of girls in our society families just believe that girls are born to stay at home and do household chores and when they become adults or when they reach the age of 18 years, they get married to someone and go their home but the situation Is different after marriage when the dispute arises between husband and wife and husband would not agree to continue to his marriage ceremony then he leaves his wife without any support.

Now my question is who damn responsible for the situation of girls? Only our society and their morals don’t want to see the girl child move forward, education is the only source based on which girls can improve their situation.

Hence on 26 JANUARY 1950, our Indian constitution was reinforced. It had in its Article 45 a Directive principle promising free and compulsory education for all children until the age of it. This was to be attained within 10 years.

Sarv Siksha Abhiyan

In the year 2005 in the government of ATAL BIHAR BAJPAI, Prime Minister Atal Bihari Bajpai introduced Sarv Siksha Abhiyan in the form of giving free education to all children up to the age of adolescence. They provide free dress, meals, and books to the school for the families who were not able to afford these expenses.

Then in the year of 2009 Article 21(A) introduced the Right to education as a fundamental Right from the 86th Amendment Act 2002 ( education for 6 to 14-year-old children), if we talk about children with learning disability like mentally disabled children or child unable up understand anything properly or PWD it is 6 to 18.

Unikrishnan Judgment

This enforced and acquired admission into schools Several public interest litigation petitions were filed in different High Courts. This created tremendous pressure on the parliament and after that a proposal Constitutional Amendment including the right to education as a fundamental right was made in 1996.

The 83rd Amendment Act that Article 2(A) be introduced former Article 45 be repelled or omitted and Article 51(A) fundamental duty of parent now admitted, though the parent and neighborhood must send their child and get recognized in school until the age of 6 to 14.

And the school also must admit a child according to their age in the appropriate class.

Now we can see the state of Rajasthan that this state regulates lots of missions to encourage parents to get admitted to their wards in school, One instance is in the year 2022 the Rajasthan government provided milk for the children of primary class two days a week and they also provided the scholarship to for the girls who get 90% marks in high school or more then government provides scholarship up to the rupees 21000 of each year after 10 ( 11 or 12th std) and if a girl gets a secure high percentage in 12 board then Rajasthan Government must afford their expense for further studies in abroad.

Conclusion:

1. The RTE Act was introduced to educate the economically weaker child. The government must see the situation of our country and if somebody hires a child up to the age of 14, they must suffer imprisonment and be punished with a high penalty.
2. As a law student, my only opinion is that Education is a topic under the concurrent list in the seventh schedule this RTE Act lays down specific policies followed by the central government.
3. The state shall provide 25% reservation for economically weaker sections in government schools as well as in private institutions.
4. No child shall be expelled from the class till 8 because this act goes a long way in ensuring no kid misses out on their elementary education.
5. Provide a proper teacher-student ratio in the school because these days the burden of student classes going on, based on which teacher would not concentrate individually on every student.
6. Provide quality education to the children and hire trained teachers for the students.

 

Written By

Sabreen Sheikh