What is Right to Education?
Historical Background
Key Points
10 points- 1.
Article 21A: Inserted by the 86th Constitutional Amendment Act, 2002, it states that 'The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.'
- 2.
Right of Children to Free and Compulsory Education (RTE) Act, 2009: Enacted to operationalize Article 21A, making education a justiciable right for children aged 6-14 years.
- 3.
Mandates 25% reservation for economically weaker sections (EWS) and disadvantaged groups in private unaided schools.
- 4.
Prohibits physical punishment and mental harassment of children in schools.
- 5.
Lays down norms and standards for schools, including pupil-teacher ratio, infrastructure, and school working days.
- 6.
Requires appropriate governments to ensure the availability of neighborhood schools.
- 7.
Emphasizes quality education, not just access, by focusing on curriculum, teacher training, and learning outcomes.
- 8.
Article 45 (DPSP): After the 86th Amendment, it directs the State to endeavor to provide early childhood care and education for all children until they complete the age of six years.
- 9.
Article 51A(k) (Fundamental Duty): Makes it a duty of every citizen who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years.
- 10.
Aims to achieve universal elementary education and reduce disparities in educational access and outcomes.
Visual Insights
Evolution of Right to Education in India
Key milestones in the journey towards making education a fundamental right.
The journey of RTE from a directive principle to a fundamental right reflects the growing emphasis on education as a tool for social and economic empowerment.
- 1950Constitution of India: Education as a Directive Principle
- 1993Unnikrishnan J.P. vs. State of Andhra Pradesh: Right to education implicit in right to life
- 200286th Constitutional Amendment: Article 21A added, making education a fundamental right for children aged 6-14 years
- 2009Right to Education Act enacted
- 2020National Education Policy (NEP) 2020: Aims to align RTE with a broader vision of education
- 2026Focus on integrating newspapers into classroom activities to improve reading habits.
Article 21A vs. RTE Act, 2009
Comparison of the constitutional provision and the legal framework for the Right to Education.
| Feature | Article 21A | RTE Act, 2009 |
|---|---|---|
| Nature | Constitutional Right | Legal Framework |
| Scope | Enshrines the right to education | Provides the mechanism for implementation |
| Age Group | 6-14 years | 6-14 years |
| Enforcement | Enforced through writ petitions | Enforced through statutory bodies and courts |
| Responsibility | Places duty on the State | Defines duties of government, local authorities, and parents |
Recent Developments
5 developmentsThe National Education Policy (NEP) 2020 aims to universalize education from pre-school to secondary level, expanding the scope beyond the 6-14 age group.
Increased focus on foundational literacy and numeracy (FLN) through initiatives like the NIPUN Bharat Mission.
Persistent challenges in achieving equitable access to quality education, especially in remote, rural, and tribal areas.
Debates surrounding the effective implementation of the 25% reservation clause in private schools and its impact.
Acceleration of digital learning and online education platforms, particularly post-COVID-19, to ensure continuity of learning.