"Constitutional Right to Education"
July 5, 2019
“Education is not a privilege. It is a human right” as it plays a vital role in widening people’s mental horizons. It gives us the opportunity to become a productive member of a civilized society by acquiring all the necessary skills. The importance of primary education has been neglected by India since independence knowingly or unknowingly. However, Government of India is willing to improve primary email by bringing legislation i.e. Right to Education through (Eighty sixth amendment) Act, 2002 by inserting Article 21-A in the Constitution of India.
Article 21-A in the Constitution of India provides free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine, which clearly states that every child has right of full time education which should satisfy certain norms. Article 45 as one of the Directive principle of state policy 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 two famous cases that shaped the destiny of education in India are Mohini Jain v. State of Karnataka (AIR 1992 SC 1858) in which the Court held that the state has an obligation to discharge its duty of providing educational institutions so that the citizens can enjoy their right to education. The Court further held that the state can discharge its duty either by establishing state educational institutions or by recognizing private education institutions. Therefore, in these circumstances, if the private institutions charge capitation fees in consideration of admission, it amounts to patent denial of the right to education whereas in Unnikrishnan J.P. v. State of A.P. (AIR 1993 SC 2178) where the case reached the door of Supreme Court the very next year. The Court reprimanded the government institutions for being reluctant with the enforcement of Article 45 and held that every child who is deprived of the right to education can issue a writ of mandamus against the appropriate authority for the enforcement of their deprived right.
The right to education is legally guaranteed for all without any discrimination, states have the obligation to protect, respect, and fulfill the right to education there are ways to hold states accountable for violations of the right to education. Education whereas did not receive the attention it deserved an in spite of a framed time limit, education has been least prioritized in the political agenda. The Right to Education Act is a recent development in the field of education and is believed to be a strong approach towards empowering the Indian mass. It is an ardent hope that every child receives the light and makes a life instead of merely making a living. And this can be clearly seen from the work done by the Legal Aid Center at Lloyd Law College where one of the main goals is to carry on legal education activities involving the education of school children, local population and other marginalized communities on their rights and remedies. Legal Aid Center at Lloyd Law College, Top llb colleges in noida, undertakes extensive legal education activities where specific areas are focused on like the POCSO Act, Women Centric Laws, Laws relating to Senior Citizens, Consumer Laws, Banking Laws, Health and Aadhar issues, Governmental schemes.
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