UNIVERSITY INSTITUTE OF LEGAL STUDIES

Class : Bachelor of Arts – Bachelor of Legislative Law [BA LLB]

Subject : Legal Project
Supervised By : Ms. Anuradha ( Assistant Professor)
UID : 22BAL70306, 22BAL70307, 22BAL70308, 22BAL70311,
22BAL70314, 22BAL7017, 22BAL7018, 22BAL7019
(FUNDAMENTALS OF RIGHT TO EDUCATION)
Ref. to article 21(A)
 INTRODUCTION
• Right To Education formally known as The Right of Children to free and compulsory Education Act,2009 no.35
of 2009.
• It is a fundamental human right affirmed by the united Nations and recognized in regional treaties and
numerous national constitutions.
• RTE is an India legislation enacted by the Parliament of India on 4 August 2009,received President’s assent on 26
August 2009 and became an act .
• It describes the modalities of the importance 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.
• RTE presently consist of one schedule, VII chapter and 38 section and various clauses and sub clauses which
describe in detail the rules and regulations for admission of children in school .This act shall extend to whole
India except the state Jammu &Kashmir.
 Key Features of right of children for Free and compulsory
Education Act are :-
1. Free and compulsory education to all of India in the 6 to 14 age group in neighborhood school till elementary education .

2. No Child shall be held back, expelled , or required to pass a board examinationuntil completion of elementary education

3. A child above six years of age has not been admitted in any school ,could not complete his or her elementary education ,then ,he or sheshall be admitted in a class appropriate to his age .

4. For the purpose of admission to elementary education , the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the birth , death and marriage Act .

5. A child who completes elementary education shall be awarded a certificate .

6. No student should be denied admission on the basis of absence of transfer certificate .

 ORIGIN AND HISTORY
Although RTE’s content and practice have been a source of controversy for as long as anybody can remember
and have evolved in function of time and place ,education for everybody is unanimously accepted as a
necessity .
The same can be said for the school, which has become the norm in our contemporary world even if one does
not learn only in school (there is also for example , the family and work , and even prison can furnish a
framework for learning) and even if , at times there have been those who have dreamed of a world without
school.
‘’A nation is said to be strong and united when divisive forces causing disintegration are totally absent in it”

In India there is always a corner of creating a good literate environment , there has been always a need of such
law which should provide a quality and purposeful education to all citizens especially the children who are the
future developer of the country . For this very purpose the thinker started working on this project immediately
after the Independence of India , but the real result arrived in mid 1960s with the introduction of National
Education Policy .
 THE EDUCATION COMMISION(1964-66) Suggested certain steps to create a strong and united
country to make people conscious of what ‘India ’ is and to create an integrated society . This is the
1st step for introduction of RTE in India . The suggested steps include:-

1. The common school system – The common school system of public education has
been suggested by the commission as a powerful instrument for achieving social
and national integration , because the school under this system would be open to
all ‘ children , irrespective of caste community ,religion , economics or social
status’.
2. Social and National Service as an integral Part of Education –The commission
suggested that programmers of social and national service should be incorporated
in the education of children .
3. Promoting National Consciousness –The school under the English regime taught
loyalty to the English people by giving instruction to our students In their
literature , history and culture.
 THE CONCEPT OF EDUCATION
One child , one teacher, one pen and one book can change the world .
• Education is a systematic process through which a child or an adult acquires knowledge,
experience, skill and sound attitude.
• The motion of education is as old as the history of mankind itself . The need of education was
perceived by human generations with the passing of time .
• In India , from Vedic period to Mughal period to Mughal period, Idea of education was always
prevalent but in different contexts.
• In Hindi , the term “ Siksha” has come from the Sanskrit word “ Shahs”.
• It makes an individual civilized, refined, cultured and educated. For a civilized and socialized
society, education is the only means. Its goal is to make an individual perfect.
• In ancient Roman civilization , Education was of crucial importance . The rich people in Ancient
Rome put a great deal of faith in education .
In English ,the “ Education” has been derived from two Latin
words Educare ( Educere ) and Educatum . “ Educare” means to train or mould . The term Educare or Educere
mainly indicates development of the latent faculties of the child .
The term “ Educatum ” denotes the act of teaching . It throws light on the principles and practice of teaching .
 INTERNATIONAL PERSPECTIVE
• The right to education is high on the agenda of the international communities . It is affirmed in numerous human
rights treaties and recognized by governments as pivotal in the pursuit of development and social transformation.
Article 26 of the Universal declaration of Human Rights ,1948 which declares ‘Right to education’
as basic human right reads as-
1. “Everyone has the right to education . Education shall be free, at least in the elementary and fundamental stages.
2. “Education shall be directed to the full development of the human personality and to the strengthening of respect
for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further the activities of the United Nation for the maintenance of peace.
3. "Parents have a prior right to choose the kind of education that shall be given to their children." There are three
important aims of education, viz., to give the child the necessary knowledge and skill so as to enable him to earn a
livelihood, to develop his personality and character and to train him for citizenship.
 IMPORTANCE OF EDUCATION
• The importance of basic education has been aptly described by Jean Dreaze and Amartya Sen in their book, "An
Uncertain Glory: India and its Contradictions" (Penguin, 2013), as: "In a society, particularly the modern world, where
so much depends on the written medium, being illiterate is like being imprisoned, and school education opens the
door through which people can escape incarceration .
• "Besides that, India has a rich cultural history and in the past, Nalanda, Taxila and Vikramsila universities were
renowned for higher learning but today, in the 21th century, India is still a developing country with literacy rate of
64.8% only. Fourteen (14) States / Union territories have recorded less than 60 percent rural Literacy rate. Literacy
and level of education in any particular state are the basic indicators of overall development of the nation.
• Education is the most potent mechanism for the advancement of human beings. It enlarges, enriches and improves
the individual's image of the future. A man without education is no more than an animal. Education confers dignity to
man.
• India is also known for its ancient caste system. Even after 70 years of the independence and 67 years of adopting the
Constitution, efforts to eradicate the caste systems are not up to the mark.
 Education is an essential part for the development of any state or community.
Independent India's first Education Minister Maulana Abdul Kalam Azad, in an
educational conference in 1948 remarked that:

"It is the birth right of every individual to receive at least the basic education without which he
cannot fully discharge his duties as a citizen.”
In Ashok Kumar thakur vs Union of India Supreme Court observed that, "In the first place where
caste can be eradicated is the classroom.
It all starts with education. belong to a lower caste but are well qualified, hardly anyone would care
about your caste.
Free and compulsory education is now a fundamental right under Article 21A
 Schemes under RTE act,2009

The 86th amendment to the

Constitution of India made free and
compulsory education a Fundamental
Right for children in the 6 to 14 age
group. This was followed by the
Central Government Scheme, “ Sarva
Siksha Abhiyan” (Universalization of
Elementary Education).
 Mid day meal scheme

• With a view to enhancing enrollment, retention and attendance and simultaneously improving nutritional levels
among children, the National Programme of Nutritional Support to Primary Education (NP-NSPE) was launched
as a Centrally Sponsored Scheme on 15th August 1995, initially in 2408 blocks in the country.
• By the year 1997-98 the NP-NSPE was introduced in all blocks of the country. In October 2007, the scheme has
been further revised to cover children in upper primary (classes VI to VIII) initially in 3479 Educationally
Backwards Blocks (EBBS).
• Around 1.7 crore upper primary children were included by this expansion of the scheme. From 2008-09 i.e with
effect from 1st April, 2008, the programme covers all children studying in Government, Local Body and
Government-aided primary and upper primary schools and the EGS/AIE (Education Guarantee Scheme and
Alternative and Innovative Education) centers including Madrasa and Maqtabs supported under SSA of all
areas across the country.
 JOURNEY OF RIGHT TO EDUCATION
• In the words of Professor J. M. Sen (1925), "Although a provision in the East India Act of 1813 empowering the
Governor General of India to spend one lakh of rupees each year for the purpose of education .
• the first legislative admission of the right of education to participate in the public revenues of India, and though
the Education Dispatch of 1854 issued by the Court of Directors of East India Company (re-affirmed by Lord
Staley, the first Secretary of State for India, in his Dispatch of 1859) was the first basis for a state educational
programme in India.
• Indian Educational Policy of 1904 that we find for the first time the Government of India declaring that the rapid
spread of primary education is one of the foremost duties of the State" (p.4). Even various inquiries were held in
presidency towns and number of committees made recommendations for compulsory education but for various
reasons, Britishers failed to introduce compulsory education in India.
• The leading reason for weak attempts of Britishers was limited resources and being foreign rulers, they argued
that they cannot compel Indians to send their children to school.
• The Commission report also provides that local authorities shall admit few poor pupils for free to
the schools managed by them but unfortunately it was another failed attempt.
• In 1882, Indian National Congress came into the picture and some leaders took the issue on a
serious note .A Resolution on National Education was also adopted by the 22nd Indian National
Congress in 1906 which was held at Calcutta.
• In 1911, Gopal Krishna Gokhale moved free and compulsory education in the Imperial Legislative
assembly but unfortunately, the bill got rejected. It was the first definite demand for the
introduction of compulsory education. According to Professor J. P. Naik (1943), Gokhale did not
contemplate the universal introduction of compulsion at one stroke.
 RIGHT TO EDUCATION IN INDIA
• There is a famous saying that Child is the future of nation. While realizing the need of educating the
poor and underprivileged masses of the country, our constitution makers imposed an obligation over
state authorities through various directive principles of state policy under Part IV of the constitution and
certain other provisions.
• In other words, the spirit of equality which flows from plethora of articles of the constitution declares
the Union as the principal responsible authority to take every step in the favour of welfare of the state
while preserving the rights of individuals through fundamental rights .
• Education is something which is a prerequisite to exercise fundamental rights available to citizens.
Absence of education means absence of knowledge. To ensure Education to all, especially to young
minds of the nation, welfare state is required to take every possible step in this direction .
• Ideals and goals of our constitution-makers are embodied in Preamble which aims at securing Equality,
justice, liberty and fraternity to Indian citizens. To achieve these goals, education is unavoidable .
 CONSTITUTIONAL PROVISIONS
• Originally, Article 41 and 45 were the only provisions pertaining to Right to education. Being
Directive principles to state policy, these provisions were not justiciable in the court of law. Article
41 states that-
• Right to work, to education and to public assistance in certain cases The State shall, within the
limits of its economic capacity and development, make effective provision for securing the right to
work, to education and to public assistance in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.
• In Bandhua Mukti Morcha v. Union of India and others, [1984] 2 SCR 67, apex Court held as
under"-"Right to live with human dignity enshrined in Article 21 derives its life breath from the
Directive principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41
and 42 and at the least, therefore, it must include protection of the health and strength of
workers men and women, and of the tender age of children against abuse, opportunities and
facilities for children to develop in a healthy manner and in conditions of freedom and dignity,
educational facilities, just and humane conditions of work and maternity relief."
• Article 45 reads as "The state shall Endeavour to provide within a period of ten
years from the commencement of this Constitution for free and compulsory
education for all children until they complete the age of 14 years."
• The term 'Compulsory' in this article was added with a view that state is under obligation to make
people aware of their basic right, i.e. right to live with dignity which is guaranteed under Article 21
of the Constitution. It refers to the state of social health of the large segment of our society, which
is steeped into deep poverty, ignorance, superstition; a society which has no idea about what is
'education' and what it means to them19. Parents of this segment of our society need to be
persuaded and pressurized to send their children to schools.
 RIGHT TO EDUCATON ACT ,2009
• In 2005, the government circulated a draft of The Right to Education Bill which would implement the
86th Constitutional Amendment. A High-Level group created by the Cabinet later decided that the
financial implications of the legislation were too high, and the government did not introduce the Bill
in Parliament. However, Right to education bill was again introduced in 2008 and on August 26, 2009
bill was passed. Right to Education act [in short, RTE ACT], 2009 is applicable to whole of India except
Jammu and Kashmir. It came into force on April 1, 2010.
• Highlights of the act are: -
Free education means that none of the child has to pay any fee or any kind of charges for
completing and getting education except for the child whose parents are there and are capable of
paying fees and affording all other kinds of expenses for their child related to studies .It declares that
every child of the age of six to fourteen years shall have the right to free and compulsory education in a
neighbourhood school till the completion of his or her elementary education22'Child' includes: -
• child belonging to disadvantaged group" such as child with disability or

• A child belonging to such parent or guardian whose annual income is lower than the minimum
limit specified by the appropriate Government, by notification the socially and educationally
backward class or such other group having disadvantage as may be prescribed by the
appropriate Government by notification.

• A child belonging to the Scheduled Caste, the Scheduled Tribe.

• Act provides that a child who has not been admitted to a school or admitted but could not
complete his/her studies, shall be admitted to school to complete his elementary education
according to his/her age. He shall be entitled to free education even after fourteen years23.

• Act under Section 6 confers a duty upon state to establish, within such area or limits of
neighbourhood , as may be prescribed, a school, where it is not so established, within a period
of three years from the commencement of this Act.
 CHALLENGES BEFORE RIGHT TO
EDUCATION
Right to education act, 2009 though introduced many reforms in the field of education but has many
loopholes under the act as well as in its implementation. Free and compulsory education is not actually free
everywhere in the country. Some of the challenges before Right to education to reach every child and
transform the nation can be categorized in the manner as mentioned below.
1. Insufficient Budget allocated
• Although Centre is taking every possible step to ensure that states are working in conformity to right to
education but due to insufficient budget allocation for education, provisions of the act cannot be applied
fully.
• Infrastructure requirement and recruitment of more teachers, mid day meal schemes and establishing
new schools following the provision of section 6 of the act all need much more attention of the states and
the union than now.
• In the annual financial statement of 2016-17, central government allocated Rs 43,554 crores for school
education and literacy programmes . However, the amount allocated is hardly in consonance with the
need of hour . Education being the primary requirement of the state for better future of the country is
not receiving adequate attention from the government.
[Link]-elementary education

• Pre-elementary education or pre-school care is the other issue that states are neglecting while framing
education policy. Physical verification of the infrastructure and supports provided to Aanganwadi
centres revealed that 59% of them have adequate space, and thus the remaining 41% have either
shortage of space or unsuitable accommodation.

• It was also found that 40% of Aangwadi centres have their own accommodation and the remaining
60% are located in rented accommodations.

• Moreover, pre-school informal education is the not only activity carried out in Aanganwadi centres.
It is promoting Private creches and nursery schools. Thus, it poses another challenge to
effectiveness of RTE Act.
[Link] condition of Government schools
• According to District information system for education (DISE), Share of private schools to total schools in
2015-16 was 23.08%.64 Popularity of private schools over government schools due to obvious reasons like
poor infrastructure, lack of facilities and lack of academic efficiency is the serious issue. Privatisation in
education is increasing day by day.
• The academic performance of government schools hardly matches the standards. Where some
enthusiastic teachers and heads of government schools are improving the conditions of their school
and have proved that government school students can beat private school students in every field, some
government schools are not even bothering about studies.
[Link] detention policy needs reconsideration

• The policy of not holding back children in any classes' suggested by the Act might have further
worst impact on the quality of education. According to education experts, at least there should be
some monitoring system for student's academic progress and a system of better treatment for
the weak students
• It compromises student's ability to withstand pressure and compete harder in order to excel. This will
create a generation of drifters who have never tasted hard work or competition. According to
education experts. it can promote indolence and insincerity among children towards their studies and
carelessness and laxity among the teachers. In other words, no detention policy also needs
reconsideration.
5. Dropouts in schools

• According to UNICEF Report on Primary education in India, Dropout is one of the key
challenges. It is found that Dropout rates are high. Despite achieving close to universal
enrolment at primary level, 27% children drop out between Class 1 and 5, 41% before reaching
Class 8, and 49% before reaching Class 10. The figures are higher for children from Scheduled
Castes (27%, 43%, and 56% respectively) and Scheduled Tribes (36%, 55%, and 71%)
 SUGGESTION
B.R. Ambedkar once quoted that, "by independence we have lost the excuse of blaming the British
for anything going wrong, we will have nobody to blame except ourselves".
• With the RTE Act coming into force on April 1, 2010, India joined the league of over 130 countries
all over the world that have legal guarantees to provide free and compulsory education to
children.
• Despite the serious concerns and efforts of the authorities, Right to Education is still in the word of statute only.
The Union and State Government has made many alternative schemes to send poor children to schools but
their efforts make little improvement.

• Right to education Act, in its present form, seems to be another right guaranteed in the papers only. State
governments as well as central government, both are responsible for establishing schools and to provide
infrastructural facilities in the schools. Thus, there are two authorities to ensure the effective implementation
of Right to education act and sharing of this duty may lead to neither authority being held accountable for its
implementation.
• Violation of the provisions can be seen in the miserable conditions of the government schools throughout
the state with poor infrastructure. Children are deprived of basic facilities like toilets, drinking water or
proper classrooms in the schools. The government schools are still waiting for grants from the authorities
to meet the requirements of RTE Act, 2009

• On October 18, 2017 Punjab state government issued a notice for closing about 800 schools in the
state in which strength of the students were less than 20. Such is the plight of government schools in
states. Thus, government should take steps to improve the conditions of government schools by way
of engaging private contractors to improve infrastructure.

• Reforms must begin from an area where private schools are in vogue or in competition to government
schools. Popularity of private schools due to various reasons has to be taken into consideration by the
central as well as state governments while framing rules under RTE Act so that efforts can be made to
control commercialization of the education. Since article 19(1) (a) guarantees every citizen, freedom of
trade, occupation and profession, state cannot prevent commercialization of the education
 CONCLUSION
• Importance of education is profoundly realised in every society. For developing countries like India, there is
no other way of growing than educating the future of the nation. Investment in education has the highest
paybacks in the history.
• No one can deny that knowledge is power and education is the way to get knowledge. Education is the
careful nurturing of a child to prepare him for future which is full of struggles. It is an invaluable gift that
parents can ever give to their children. Right to education is a part of Universal declaration of Human rights,
1948 and various international organization are working for spreading awareness regarding significance of
primary education and to ensure the right to education is guaranteed to all in developing states.
• In twentieth century, our freedom fighters had a long battle to ensure right to education to every child, but
the carelessness of the governments buried the dreams of freedom fighters. However, Supreme Court of
India revived the right and made it a part of Right to life directing the governments to ensure right to
education to every child. Eighty-sixth amendment, 2002 and Right to education act 2009 is preparing a path
for better India. Today, there are 19.67 crore children enrolled in 14.5 lakh elementary schools in the
country