lol final project

8/2/2019 Lol Final Project

1/15

1

DR. RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY LUCKNOW

Language of Law

FINAL DRAFT

On

Child right: Right to Education

Submitted to- Submitted by-Ms. Deepika Urmaliya Ruchi Verma

Semester- II

Roll no. 103


2/15

2

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.


3/15

3

CONTENTS

1. Introduction.................................................................... 42. Education in India Under British Rule........................... 53. Status Of Right to Education in the world.....................64. Construction Of Right to Education in India.................75. Article 21-A....................................................................86. Major Provisions under the ACT...................................107. Grounds of Criticism......................................................118. Implementation of Right to Education..........................129. Conclusion.....................................................................1410.Bibliography..................................................................15


4/15

4

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 tofourteen years.

To provide an Art.45 of the Constitution according to which the State shall provideearly 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 anobligation 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, ormore 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.
http://www.famous-quotes.com/author.php?aid=4688http://www.famous-quotes.com/author.php?aid=4688


5/15

5

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 wasestablished 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.

1

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


6/15

6

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. alsohas 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 themost 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 areat 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.


7/15

7

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

thehttp://education.nic.inwebsite.

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.
http://education.nic.in/http://education.nic.in/http://education.nic.in/http://education.nic.in/


8/15

8

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 KarnatakaRs. 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.

2 (1992) 3 SCC 666

3(1992) 1 SCC 645.


9/15

9

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.


10/15

10

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.


11/15

11

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.


12/15

12

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.


13/15

13

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.


14/15

14

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.


15/15

15

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

lol final project

Documents