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A Review of Right to Education < Back to Archive

     Atma Prakash
     Assistant Professor
     Innovative Institute of Law
     Recognised by Bar Council of India New Delhi
     Affiliated to CCU Meerut
     Greater Noida

Knowledge is such a property which solves and gives all the human aspirations. It produces and develops consciousness by which we understand the difference between duty and non duty, religion and the non religion and right and wrong. Knowledge or Education is the key of all Physical necessaries. Education is derived from Sanskrit word Shiksha which means learning and to enable others to learn.

In India Education is not only provided in the Right to Education Act 2009 but also provided in Indian Constitution for all education including primary education which can be mention as under:
    Article 15(4) : Provides that this Act or Article 29(2) will not bar state Government to provides any special arrangement for S/C and S/T candidates means nobody shall be barred from getting education according to his choice.
  1. Article 15(5) : Maintain that any thing mention in Article 15 or 19 (1) (g) shall not bar state Government to provides education to all backward classes of society or S/C, S/T in any government or Government aided education institution etc. minority institution which are mentioned in Article 30 (1). It means that state can provides reservation in public and private institutions for education to all concern.
  2. Article 21-A : Which is rejoined by the 86 Constitutional Amendment maintain that state shall provides free and compulsory education to the children group of 6 to 14 years.
  3. Article 28 (3) : Maintain that no institution shall provides religious education which are approved and getting aid fro the state Government.
  4. Article 45 : Maintain that the state shall provides facilities for the children below 6 years for their supervision and education. It means that state shall provides education to children below 6 years.
  5. Article 51-A (g) : Maintain that it will be group of parent and guardian of 6 years group children that they will arrange for their education.
  6. 350-A : Maintain that every state and every executive, Local executive officers in the state shall arrange for minorities languages children to provides education in mother tongue at primary level.
Honorable Supreme Court has declared in many cases that right to education is fundamental Right and it is a law according to Article 141 and mandatory to be followed by all subordinate court.

In Mohini Jain Versus State of Karnataka (1993) 3SCC 666 : Case it is maintain that Right to Education is a fundamental Right according to Article 21.

In Unikrishanan Versus State of Andhra Pradesh (1993) 4 SCC 645 : Case it was again maintain with the comment that education to all is the responsibility of the state with the restrictions that this right is limited up to 14 years children age group. In Higher education this right will depend on the financial condition of the state.

Thus on the basis of above statement it is clear that Right to Education is Fundamental Right for the children of 6 to 14 age group children was already in existence in Indian Constitution before the Right to Education Act 2009 as Right to education is a Fundamental Right any aggrieved person can directly appeal in any High Court or Supreme Court on the basis of Article 226 and 226. We need not to go any lower Court.

At present Right to Education Act 2009 has been implemented from 1 April 2010 all over India except Jammu and Kashmir State. This act has provided a serious question on teacher and medium of education because a teacher if punishes a child can be prosecuted on the basis of Section 17 of this Act. But this Act is silent on the medium of instructions because it does not provided any Section about the medium of primary education. This Act also provides that a child of 6 to 14 years group can take admission according to his qualification in any nearest Government or Government Aided Institutions and that institution can not denied for admission.

In this way it can be said that Right to Education is a Fundamental Right according to Article 21-A and Legal Right on the basis of Right to Education Act 2009. In spite of some deficiencies in this act the goodness of this Act is that any person can move to the Court for implementation of this Right. At present in our country there are 74.04 % people are educated and among them there are so many people who can not get education due to not admission in any institution. If this Act 2009 has been made compulsory and mandatory, the object of 100% education which is the need and demand of the nation can be achieved and India can be come in the category of developed nation.
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