DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW

Language of Law FINAL DRAFT On Child right: Right to Education

Submitted toMs. Deepika Urmaliya

Submitted byRuchi Verma Semester- II Roll no. 103

Acknowledgment

I, Ruchi Verma, a First year Law scholar at Dr. Ram Manohar Lohiya National Law University, Lucknow, am highly grateful towards our lecturer Ms. Deepika Urmaliya, who gave me the permission to take up right to education as a subject for my project and because of her help and support, this project has reached its completion. I would also like to thank the library staff of Dr.Ram Manohar Lohiya National Law University, Lucknow, for their patient and diligent support in the making of this project. I would like to thank my parents who encouraged me to work hard and motivated me to give my best. Last, I would like to acknowledge my friends who helped me in the research needed for this project. I have tried my best to include all the aspects yet, ignorance or any mistake is deeply apologized. Thanking you, Yours sincerely, Ruchi Verma.

CONTENTS
1. Introduction.................................................................... 4 2. Education in India Under British Rule........................... 5 3. Status Of Right to Education in the world.....................6 4. Construction Of Right to Education in India.................7 5. Article 21-A....................................................................8 6. Major Provisions under the ACT...................................10 7. Grounds of Criticism......................................................11 8. Implementation of Right to Education..........................12 9. Conclusion.....................................................................14 10.Bibliography..................................................................15

INTRODUCTION
A human being is not attaining his full heights until he is educated. -Horace Mann. The Constitution of India in its Directive Principles of State Policy (Art.45) has made provision for free and compulsory education for all children up to the age of fourteen years within ten years of the annunciation of the Constitution. Fifty years had passed but no such act was passed. Later, the task of providing education to children gained momentum after National Policy of Education was announced in 1986. From then on the Government of India, in partnership with the state government has made strenuous efforts to fulfil this requirement. Henceforth, with a view to make right to free and compulsory education the Constitution (83rd amendment) Bill, 1997 was introduced in the Parliament to insert a new article namely Art. 21-A. The Bill was then scrutinised by the Parliamentary Standing Committee on Human Resource Development and further was dealt by the Law Commission of India in its 165th report. As a result the following guidelines were laid: To provide free and compulsory education to children in the age group of six to fourteen years. To provide an Art.45 of the Constitution according to which the State shall provide early childhood care and education to children below the age of six years. To amend Art.51A of the Constitution with a view to provide that it shall be an obligation of the parents to provide opportunities for education for their children. The importance of the Right lies in the fulfilment of these objectives. The realisation of the right to education on a national level may be achieved through compulsory education, or more specifically free compulsory primary education, as stated in both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. Education creates the voice through which rights can be claimed and without education people lack the capacity to achieve valuable functioning as part of the living. If people have access to education, they can develop the skills the capacity and confidence to secure the rights. It gives people the ability to access information detailing the range of rights that they hold, and governments obligations. The project aims at providing deep research on the above objective and analysing the same.
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EDUCATION OF INDIA UNDER BRITISH RULE

After the establishment of British rule in India, some of the English intellectuals like Duncan and William Jones were attracted by Indian literature. The result was the establishment of the Asiatic Society of Bengal in 1784, Sanskrit College in 1791 and the starting of the Bombay branch of the Royal Asiatic Society in November 1804. The first attempts made by Europeans to impart education in India were the results of private benevolence and enterprise, that too not to natives but to Christian children There was a lot of political unrest in universities. This was in fact an expression of the rising class the Indian bourgeoisie, and its aspirations. The Indian National Congress in its sessions of 1902, 1903 and 1904 adapted special resolutions condemning the Raleigh Commission1. Indians on the senates took up the issue and Surendranath Banerjee and Gopal Krishna Gokhlae led protests in the streets. The conflict between the contending classes found expression in the field of education. Jamshedji Tata visualized the need for scientific and technical manpower necessary for the development of independent capitalism, worked out a scheme for a research institute which culminated in the establishment of the Indian Institute of Sciences in Bangalore in 1909. The leaders of the Swadeshi movement started the Jodavpur Engineering College in 1907. Prior to this, the Victoria Jubilee Technical School was established in 1887 and in 1904 an association was formed in Calcutta to send Indians to U.K., U.S.A., and Japan for higher studies in science. In 1906, the British turned down the proposal of the Madras Provincial Government for a Department of Industries and in1911 rejected a bill moved by Gokhale for free and compulsory education. The debates in educational policy reflected the clash of interest between the British and Indian bourgeoisies. While the former attempted to restrict education and impose a control with a view to stop students from taking active pan in politics, the latter saw the advantages of expansion of higher education as strengthening the national movement and providing the human resources for the development of capitalism in Independent India.

. Lord Curzon believed that universities and colleges were becoming cradle of propaganda against the government. Hence to bring the universities and colleges under control he appointed a commission called Raleigh Commission under Sir Thomas Raleigh. 5

STATUS OF RIGHT TO EDUCATION IN OTHER COUNTRIES: U.S., U.K. AND OTHER COUNTRIES
Although there is no federal right to education, there is a strong tradition of support for public schools as evidenced by the recognition of the right to education in all fifty state constitutions. Despite these formal commitments, millions of young people arent protected from violations of their human right to a quality education. Ratified ( formally incorporated into domestic law) treaties such as the International Convention on the Elimination of all forms of Racial Discrimination ( ICERD). The educational system in the U.S. exhibits numerous positive characteristics. In U.K. also its important that the student completes a definite level of education. U.K. also has laws which make education compulsory from ages 3 to 16. The aim of the curriculum is to prepare their kids through different routes to enter a university. Sub-Saharan Africa is the most affected area with over 32 million children of primary school age remaining uneducated. Central and Eastern Asia, as well as the Pacific, are also severely affected by this problem with more than 27 million uneducated children. Additionally, these regions must also solve continuing problems of educational poverty (a child in education for less than 4 years) and extreme educational poverty (a child in education for less than 2 years). . Essentially this concerns Sub-Saharan Africa where more than half of children receive an education for less than 4 years. In certain countries, such as Somalia and Burkina Faso, more than 50% of children receive an education for a period less than 2 years. .The lack of schooling and poor education has negative effects on the population and country. The children leave school without having acquired the basics, which greatly impedes the social and economic development of these countries. The plight of education among girls in Arabic, central Asia, southern and western Asia is also pathetic. It is the girls today, who have least access to education in the world. They make up more than 54% of non schooled population. In sub-Saharan Africa, over 12 million girls are at risk of never receiving an education. In Yemen, it is more than 80% of girls who will never have the opportunity to go to school. Even more alarming, certain countries such as Afghanistan or Somalia make no effort to reduce the gap between girls and boys with regard to education.

CONSTRUCTION OF RIGHT TO EDUCATION IN INDIA HISTORY OF THE ACT:

December 2002 86th Amendment Act (2002) via Article 21A (Part III) seeks to make free and compulsory education a Fundamental Right for all children in the age group 6-14 years. October 2003 A first draft of the legislation envisaged in the above Article, viz., Free and Compulsory Education for Children Bill, 2003, was prepared and posted on this website in October, 2003, inviting comments and suggestions from the public at large. 2004 Subsequently, taking into account the suggestions received on this draft, a revised draft of the Bill entitled Free and Compulsory Education Bill, 2004, was prepared and posted on the http://education.nic.in website. June 2005 The CABE (Central Advisory Board of Education) committee drafted the Right to Education Bill and submitted to the Ministry of HRD. MHRD sent it to NAC where Mrs. Sonia Gandhi is the Chairperson. NAC sent the Bill to PM for his observation. 14th July 2006 The finance committee and planning commission rejected the Bill citing the lack of funds and a Model bill was sent to states for the making necessary arrangements. (Post-86th amendment, States had already cited lack of funds at State level) 19th July 2006 CACL, SAFE, NAFRE, CABE invited ILP and other organizations for a Planning meeting to discuss the impact of the Parliament action, initiate advocacy actions and set directions on what needs to be done at the district and village levels.
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ARTICLE 21-A:
In Mohini Jain v. State of Karnataka2 ,also known as Capitation Fee case, the Supreme Court held that the right to education is a fundamental right under article 21 of the constitution which cant be denied to a citizen by charging higher fee known as capitation fee. The right to education flows directly from right to life. The right to life under article 21, and the dignity of an individual cant be assured, unless it is accompanied by the right to education. In the case the petitioner had challenged the validity of a notification issued by the government under Karnataka educational institutions (Prohibition of Capitation fee) Act, 1984, which was enacted to regulate tuition fee to be charged by private medical colleges in the state. Under the notification, the tuition fee to be charged from students was as follows: candidates admitted against government seats Rs. 2000 per annum; students from Karnataka Rs. 25000 per annum; and outside from Karnataka Rs. 60000 per annum. The petitioner was denied admission on the ground that she was unable to pay the exorbitant tuition fee of Rs. 60,000 per annum. The two judge division bench of supreme court (JJ Kuldeep Singh and R.N. Sahai), opined that right to education at all levels is the fundamental right of citizens under article 21 of the constitution, and charging capitation fee for admission to educational institutions is illegal, and amounted to denial of citizens right to education and was also violative of article 14 being arbitrary, unfair and unjust. Capitation fee makes education beyond the reach of the poor. The right to education is concomitant to the fundamental rights enshrined under part 3 of the constitution. The fundamental right to speech and expression cannot be fully enjoyed unless a citizen is educated and conscious of his individualistic dignity. The correctness of the decision in Mohini Jain was examined by SC in Unni Krishnan v. State of Andra Pradesh3 . The five judge bench by 3-2 majority, party agreed with the verdict in Mohini Jain, and held that the right to education is fundamental right under article 21 of the constitution as it directly flows from right to life. However, as regard its content , the court partly overruled it , and held that the right to free education is available only to children until they complete the age of 14 years, but the obligation of the state to provide education is subject to the limits of its economic capacity , and development.

(1992) 3 SCC 666 (1992) 1 SCC 645. 8

Although the Supreme Court in this case declared that the right to education for the children aged between 6 to14 years is a fundamental right, pressure was being mounted from all corners to make education a fundamental right. Consequently, the government enacted the constitution (86th amendment) Act, 2002, which made education a fundamental right. The said amendment inserted a new article 21-A which makes the right of education of children between age 6-14 years a fundamental right. Education is a basic right. To be successful, any democratic system of government must adopt education as one of its basic elements. An educated citizen chooses the best representatives to form the government. Education gives a person the ability to develop as well as contributes to the development of the country. The framers of the constitution, realizing the importance of education imposed a duty as one of the directive principles of state policy 45 to provide free and compulsory education to all children until they complete the age of 14 years, within 10 years from the commencement of the constitution. The object was to abolish illiteracy from the country.

MAJOR PROVISIONS UNDER THE ACT

1. The Act covers all children within the age range from 6 to 14 who will be entitled to free and compulsory education in a neighbourhood school. 2. The scope of the Act is limited to elementary education i.e. education from class-1 to class eighth. 3. The Central as well as the state governments will have concurrent responsibility for providing funds necessary to meet the expenses under the Act. The government as well as the local authorities defined in the Act will also be responsible for availability of a neighbouring school for admission of such children 4. It will be mandatory for all schools to admit children belonging to weaker sections and disadvantaged groups, to the extent of 25 per cent of the strength of the class, in Class-1. 5. No admitted child can be held back in a class or expelled until completion of the elementary education. The Act specifically bans any type of capitation fees or any screening procedure for admission to a school. The Act also makes it compulsory for the parents of the children in the given age range to admit their children in the schools. 6. The Act specifies various standards & norms including infrastructure, teaching standards, students teacher ratio, and formation of school management committee among others. It also talks about improving the quality of teachers as well as developing a national curriculum for elementary education. 7. The Act provides for monitoring the rights of the children under the Act by the National Commission for Protection of Child Rights or the concerned State Commission. 8. The Act also makes it mandatory for all schools to follow the guidelines of the Act to be eligible for continuity of operation or for start of a new school. 9. Several penal provisions are also prescribed in the Act towards non-compliance. The clauses of the Act thus have far-reaching implications on the way the schools are being established and their operations run in the country, for Primary Education. While the provisions of the Act may be altruistic in their aim in creating an inclusive elementary education system, its implementability at the ground level is doubtful.
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THE GROUNDS ON WHICH THE ACT HAS BEEN CRITICIZED

1. Education coming under Concurrent List, support of the State Government is essential to make things happen. Many state governments have already expressed their apprehension stating that they do not have the required financial resources to support the ambitious project. 2. Some of the quality norms / standards are just not practically feasible particularly in the rural areas. Some estimates forecast that to meet the prescribed 30:1 student-teacher ratio, the country needs at least half a million additional trained teachers, which is a nearly impossible target. 3. Whether the stated directive of mandatory requirement of admitting 25 per cent of children in class-1 from among the children of underprivileged / weaker section of people will ever be adhered to, is doubtful. Many private schools have raised objection to the provision and how this is going to be monitored is also a difficult proposition. Some Societies / Associations of private schools have already termed the Act as an infringement on their Constitutional Right to run private educational venture without government interference. 4. That the children once admitted cannot be held back in class or expelled might result into unhealthy practices among children or their parents who would like to take protection under the provision. 5. One of the major issues in India is reluctance on part of the parents particularly in the rural areas to send their wards to schools because of underemployment related issues. Despite the mandatory provisions prescribed in the Act, the success thereof to large extent will depend on propensity of such parents to send their children to schools. 6. The constitution of the school management committee prescribing minimum 75 per cent from parents / guardians has also come under criticism as this might result into undue interference in managing the schools in a professional manner. It is too early to say about the success or failure of the Act. No doubt, India has joined the League of Nations in declaring education as a fundamental right as well as providing a legal framework for implementing the same. Much will now depend on the willingness and statesmanship of the political leaders as well as administrators to make the desired things happen without too many ripples. A noble cause should not be lost because of political interference.

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IMPLEMENTATION OF RIGHT TO EDUCATION

The National Commission for Protection of Child Rights (NCPCR) has been designated as the agency to monitor provisions of the Right to Free and Compulsory Education (RTE) Act. To ensure that the RTE Act is implemented successfully in letter and spirit, the NCPCR has taken the initiative to build a consensus among institutions, government departments, civil society and other stakeholders. It has instituted an expert committee comprising officials from various government departments, persons of eminence and experience in the field of education, to focus on the roadmap for proper implementation of the RTE. The committee, which has held four meetings so far, has chalked out a plan to facilitate better monitoring. This includes establishing a separate division within the NCPCR to focus exclusively on RTE. This division would be coordinated by two Commissioners and assisted by a separate staff in all its activities. This division would establish links with the Ministry of Human Resource Development (MHRD) and also be supported by it. It would also be necessary to establish modalities of interaction with the MHRD so that they can work in tandem to ensure the successful implementation and monitoring of the RTE Act. A third strategy suggested was the appointment of state representatives to act as the "eyes and ears" of the NCPCR in different states. These representatives would be members of civil society with experience in the field of education and provide information to the NCPCR on the status of implementation of the Act in their respective states. They will also facilitate follow up of complaints received from their states. Meetings with officials from other ministries that are affected by the RTE Act such as the Ministry of Social Justice and Empowerment, Labour Ministry, Tribal Affairs Ministry and Ministry of Panchayati Raj were convened for greater coordination and convergence. For instance, the RTE Act has special implications for the Child Labour Act and the Ministry of Labour has a role to play. Similarly, schools run by the Tribal Affairs Ministry will also come under the purview of the RTE. Thus, for children to benefit from RTE, it is important that there is smooth coordination and communication between NCPCR and these ministries.

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NCPCR has met with representatives of other national commissions like the National Commission for Women, National Commission for Scheduled Castes and Scheduled Tribes to discuss linkages for better monitoring of the RTE. For example, how the Commissions could work together to ensure girls or children from marginalized communities were not denied the right to education. It was also suggested that in public hearings convened by NCPCR, a representative from the concerned Commission could also be included on the jury so that the impact could be strengthened further. A consultation was held with representatives from civil society working in the area of education from various parts of the country to discuss the provisions of the Act as well as its monitoring. Representatives from 20 states attended this meeting. This was the first in a series of such meetings held by NCPCR with civil society to draw terms of reference. However, for better implementation and monitoring of the Act, there needs to be greater awareness in the country so that its provisions are understood and incorporated by all institutions. In order to do so a massive publicity campaign will have to be undertaken, including translation of the Act into different languages, perhaps jointly with MHRD and other agencies. NCPCR has begun this process by preparing materials that can be used in this campaign including a simplified version of the Act, posters, primers and pamphlets describing the basic provisions and rights. It will also design special material for children so that they also understand the Act.

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CONCLUSION
While according considerable attention to the distinctive role played by the courts in India in the struggle to recognize and give effect to the right to education, it would be a mistake to focus only or primarily on litigation as the key to promote the realisation of this right. While the Supreme Court has certainly played an important catalytic role, the key ingredients include the role of the civil society in insisting that substance be given to that commitment, the contribution of sustained analytical critique of the state of education, and the political salience of these demands. Other methods of spreading the knowledge about the Right to Education are: a. Creating an awareness about the Act and its benefits as well as hurdles, b. Helping the governments at various levels in developing curriculum as well as training teachers for primary sector, c. Being a part of the civil society to ensure proper implementation of the Act in our respective places through mentoring /n coaching various stakeholders, and finally d. Conducting research & providing inputs to the governments / relevant authorities about effectiveness of the Act at the ground level. Finally, how far the Act succeeds in creating an inclusive society in the long-run will be the acid test of its effective implementation.

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BIBLIOGRAPHY
No single source can speak with authority on the various phases and facets of RIGHT TO EDUCATION AS A FUNDAMENTAL RIGHT. I therefore have utilised the matter from the following resources:

BOOKS: Singh, Ranbir. Constitutional Law.Lexis Nexis Butterworths. 2006 Bakshi, P.M. The Constitution of India. Universal Law Publishing Co. 2011. M.P.Jain, Indian Constitutional Law, Wadhwa and Company. 2003. Jagadish Swarup, Constitution of India, Modern Law Publications. 2007. Durga Das Basu, Shorter Constitution of India, Wadhwa and Company.2006.

WEBSITES: https://www.google.com https://www.highereduforum.org. https://www.indg.in https://www.indianetzone.com.

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