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3 ISSUE 4 Journal of Legal Research and Juridical Sciences ISSN (O): 2583-0066
NAVIGATING EDUCATION AS AN INDUSTRY: BALANCING GROWTH AND
SAFEGUARDING RIGHTS
Divya Ojha*
ABSTRACT
“Education is the manifestation of the perfection already in man.”
- Swami Vivekananda
In India, the education sector reflects a complex landscape where the growth and the
safeguarding of rights must be balanced in the right way. The Right to Education (RTE) Act
of 2009 explicit the government's commitment to providing free and compulsory education
to all children aged 6 to 14 years. However, as education increasingly becomes an emerging
industry, both public and private institutions face significant legal and ethical challenges in
the country. Public institutions always face issues with funding constraints and resource
allocation of the people and equal distribution, while private entities navigate the fine line
between profitability and accessibility to the common people. The legality of the education
system in India is furthermore complicated by issues such as regulatory compliance, quality
standards, and equitable access. Ensuring the right to education needs rapid
commercialization and demands advanced legal frameworks and urgent enforcement. This
balance is critical to prevent the marginalization of vulnerable populations and to uphold
the constitutional promise of education for all. As stakeholders, including the government,
educators, and legal experts, engage in this dynamic environment, the focus must remain on
fostering an inclusive, high-quality educational ecosystem that prioritizes the rights of every
child while supporting sustainable growth and innovation within the industry.
INTERSECTION OF LEGAL FRAMEWORKS INTO EDUCATIONAL
PRACTICES
Globally, education is evolving through cross-border exchanges and a reinterpretation of the
learning process. Around the world, communities and individuals are being empowered by
the waves of change that are sweeping through everything from distant villages tucked away
*
BA LLB, SECOND YEAR, UNIVERSAL SCHOOL OF LAW, BANGALORE.
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in the heart of Africa to busy metropolises in Asia. 1
Education institutions play an immensely important role in the ongoing engagement model
inculcated in young people and in emerging a sense of collective responsibility for our
common future. That is becoming the key pillar of global citizenship education as well as
learning about the rule of law.
The rule of law plays a pivotal role in developing trustworthy institutions and the
relationship of mutual trust in institutions, by ensuring they are held accountable,
transparent, and accessible to all. Promoting the rule of law requires systems, such as
governance and justice, that safeguard human rights and also citizens who are empowered
to participate and engage constructively in society.
It must be the utmost priority of the education system to uphold and promote respect for the
rule of law, in relation to international human rights and fundamentals for the growth of trust
between learners and public institutions.
Moreover, education that complies with the principles of the rule of law can help in
developing learners’ ability to critically understand crucial elements of accountability,
equality, justice, and fairness. For instance, schools can modernize the culture and practice
of transparency by creating or implementing a policy of sharing school data with the public.
Stimulating the rule of law by taking the assistance of education also helps learners acquire
the knowledge, skills, values, and attitudes they need to contribute collectively to society.
This assures them to positively and genuinely shape public as well as private institutions and
their policies, thereby encouraging non-violent and peaceful avenues of civic engagement 2
Governments must encourage education that builds healthy values and attitudes in the next
generations, as youngsters play an integral part in developing a culture of lawfulness.
The Organization for Scientific and Cultural Affairs of the United Nations and the Office of
the United Nations are working together to create a tool on Drugs and Crime, which will
help decision-makers in implementing policies and programs that promote the rule of law
via education. It includes guidance and demonstrations of best practices for how the
1
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renaissance/
2
https://www.unesco.org/en/articles/how-education-can-strengthen-rule-law
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education system, in general, may assist young individuals to emerge as active, contributing
citizens who make morally responsible choices lead their lives, and act with kindness,
empathy, compassion, and decency toward everyone. 3
If the law is inculcated into the daily life of children, freedom of speech, assembly, belief,
and participation in governance by teachers and students remain an impression in a
democratic society, but they have a specific meaning in schools, and those rights pretend to
be balanced with responsibilities to others, and the priority of safety and security. The role
of the law in education is equally important as to morals and discipline because the growth
of a country depends on how many people are educated in it.
People in the field of education are adapting to it as business changes the whole means by
corrupt means, but if they have the knowledge of the law, this would be reduced and article
21-A of the Indian constitution in India would be in effect strictly. Whereas fundamental
rights are also violated in India without the knowledge of the law.
The knowledge of basic laws amounts to a greater rate of achieving success as the public
will act with good conscience.
TRANSFORMING EDUCATION: FROM KNOWLEDGE ACQUISITION TO A
THRIVING BUSINESS MODEL
The system of education has been evolving since time immemorial, in ancient days people
used to visit the gurukul or even spend their lives until a certain age in the gurukul to acquire
the knowledge required for leading a life. According to Kautilya’s arthashastra, the life of a
brahmachari i.e. Student life had a great impact on the education of those times. People who
undergo the stage of brahmacharya learn the four steams of education that is anvikshiki
(intellectual training), Vedas (theology), Varta (economics), and dandaniti (the science of
politics) which inculcate the sense of humanity, morals, and discipline into the student and
after completion of the period the student would know the value of that education as well as
know the basic laws and rules of the society and nature which helped them lead a peaceful
life.
3
Marie Moncet “Strengthening the rule of law through education, A guide for policymakers”(2019) UNESCO
and United Nations
<https://www.unodc.org/documents/e4j/UNESCO/2795_18_Global_Citizenship_Education_for_the_Rule_of_L
aw_gris_complet.pdf > accessed on 26 july 2024
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The system of education gradually evolved with an intention to spread knowledge and
literate everyone, but the change also brought a negative impact on society where people in
the 21st century made education an industry to acquire wealth for their livelihood. The
evolution of education wasn’t negative but, the mindset of people and the greediness in them
amounts to the educational business. There are many heinous crimes happening in this
educational industry because we have competition. There are some so-called rules followed
by educational institutions, which sometimes affect the students' whole career, and the
student under pressure does an act which is not of his will and wish.
As India is following the system of mixed economy in the country, the main problem that
arises is the classification of institutions into public and private. This system indirectly or
even directly impacts the students' lives. By classifying the institutions we create a financial
barrier between the public as well as the narrow mindset of people doesn’t amount to any
jobs for government school children. Society discriminates against the child in such a way
that the child will be scared of taking any step in his life. The problem also lies in the lack
of knowledge of the schemes and policies by the government for these below-poverty-line
people. The institutional difference is enough to understand the situational difference
between a government school child and a private student. Though the private institutions run
for profit, there is no law giving these institutions to spoil any students' lives. For instance,
the private institution plays games when it comes to giving the hall tickets for fees. They
may go to a level of instance until the student feels stressed and does a wrongful act. Here it
does not mean that the rights need to be violated by the institutions. There should be an
equal and supportive mechanism for the private institutions which needs to be initiated by
the government for the benefit of people, which should be enforced by each and every
institution equally without any kind of discrimination. This innovation of a proper
mechanism will help to save many students' careers and lives as well.
THE EDUCATION SECTOR IN INDIA: CHALLENGES AND PATHWAYS TO
GROWTH
Opportunities
There are numerous chances to raise the standard of education in India as a result of
technological advancements with the pace of the development of the Indian economy.
Students can learn and gain knowledge more interactively and effectively than before when
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technology is used in the classroom to make them understand the concepts. Additionally, it
can aid in granting access to education in isolated places.
To raise the standard of education in India, the government might collaborate with private
groups inclusively and also increase public-private partnerships. Funding and experience in
the form of private organizations can be made available to enhance infrastructure, teacher
preparation, and curriculum development in the emerging educational system of the country.
Whereas, considering all the factors, the most important factor is skill-based education,
which should be an ulterior objective of the educational system in our country.
Challenges
Providing all children with access to education, especially children in rural areas, is one of
the largest issues that India's educational system faces and is facing. The Ministry of Human
Resource Development report clearly states that only one instructor teaches in about 35% of
Indian schools. Also, in addition to this, a considerable number of females at a very young
age drop out of school as a result of social and economic issues.
Another of the biggest problems in India is the country's educational system. Students'
development has not been taken care of and into consideration. The main focus of our
educational system lies in the concentration and memorization of the students. The absence
of critical thinking comes into play when memorization is given a bigger place than
knowledge achievement. The problem of opportunities for teachers to get professional
development and training is exacerbated because the process of change takes time, which
creates a gap between one generation's education and the others rather the one nation
education's is not followed.
Classrooms, libraries, and playgrounds are examples of the fundamental equipment and
supplies that many Indian schools lack and still do not implement any policy to build this
system due to insufficient funds or many other reasons. This has an immense impact on the
kids' overall educational experience in their lives and makes it challenging for them to study
in a supportive setting of the Indian educational system.4
4
“Challenges and opportunities in indian education system” (2023)<https://www.ekyaschools.com/ekya-
blog/challenges-and-opportunities-in-indias-education-system/>
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The government allows a fund for every school in India which is supposed to be spent on
kids' education and school infrastructure but there are some cases in which teachers and
tehsildars use that money for their personal use by window dressing accounts of their school
or department. The fund that is to be used for books, stationery, and sports materials for
students is spent by some selfish teachers and school administration on their home expenses.
It does not mean that every teacher is corrupt, but some are.
Red Tapism Or Bureaucracy is like a nightmare that never ends. The process, which can be
finished in a week, takes months to process. When school demands certain infrastructural
development in their schools, they have to wait for years only because of slow bureaucracy.
Take the example of one of the schools. The headmaster said that the school was about to
experience some infrastructural development because most of the classes were under a tin
shed. It was the year 2020 and the building process had started a few months back and it
would take a minimum 2 years to complete.
Students don't know what is caste until is they clear 10th the class exam. The segregation
game of students on the basis of caste starts from there. In the 11th class, everyone knew
who was of which caste. Because of reservations, some unqualified teachers get jobs in the
govt.
The goal of universal education is greatly aided by private schooling. To ensure a varied and
inclusive learning environment, the Right to Education Act of 2009 requires private schools
to set aside 25% of their seats for students from economically disadvantaged groups and
sections.
In the 2012 case of Society for Unaided Private Schools of Rajasthan v. Union of India, the
Supreme Court maintained the constitutional legitimacy of the 25% reservation provision.
PROVISIONS OF THE RTE ACT 2009
All children between the ages of six and fourteen are to get free and compulsory education,
according to the comprehensive legislation known as the Right to Education Act, of 2009.
Among the Act's most important clauses are the following:
1. Section 3 of the Act stipulates that all children between the ages of six and fourteen
must receive free and obligatory education in a neighborhood school until they have
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completed their elementary education.
2. No Discrimination (Section 9): According to the Act, schools are not allowed to treat
students differently based on their gender, race, religion, caste, or place of birth.
3. Reservation of Seats (Section 12(1)(c)): The Act mandates that private unaided
schools, with the exception of minority institutions, set aside a minimum of 25% of
their seats for students from the neighborhood's economically disadvantaged groups
and sections.
4. Section 13: No Capitation Fees and Screening: The Act forbids institutions from
using any screening processes or collecting capitation fees during the admissions
process.
5. Section 17: Prohibition of Corporal Punishment: This section of the Act makes it
illegal to physically or mentally abuse children, and it also makes such behavior
punishable.
6. Infrastructure and Facilities (Sections 19 and 25): The Act establishes guidelines and
requirements for the facilities, infrastructure, and student-teacher ratios in
educational institutions. Additionally, it stipulates that within three years of the Act's
implementation, all schools must follow these guidelines.
7. No Detention and Continuous Evaluation (Sections 16 and 29): The Act states that
until a child completes their basic education, they cannot be detained or dismissed
from school. It also mandates that schools use an extensive and ongoing evaluation
system to gauge a student's progress in learning.
8. The function of Local Authorities (Sections 9 and 24): The Act gives local authorities
particular duties, including making sure that there are neighborhood schools
available, supplying infrastructure, and keeping an eye on how the Act is being
implemented.
9. Teachers' credentials and Training (Section 23): The Act emphasizes the necessity
of frequent in-service training to provide quality education and establishes basic
credentials for teachers working in schools.
10. Section 21 of the Act requires government and government-aided schools to establish
School Management Committees (SMCs), of which parents or guardians of pupils
must make up 75% of the membership. The SMCs are in charge of creating school
development plans and keeping an eye on how the schools are run.
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The challenges mentioned are not only challenges to the education system but also to the
constitution of India. There are many ways in which the public and private institutions
violate the rights of the students, which indeed violates Article 21-A of the constitution of
India. Thus, the conclusion which can be drawn from this is the educational system of India
needs to adapt to the changes and be more flexible than before for a healthy system in the
country.
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