Education: A Fundamental Right

                              

                                 In a historic decision, the Union Cabinet finally cleared the long-pending Right to Education Bill, paving the ways for free and compulsory education for children. Now education would become a fundamental right and it would be legally enforceable duty of the Centre and the states to provide free and compulsory education. The Right to Education Bill is the legislation to notify the 86th Constitutional amendment, which gives every child between the age of 6 and 14 years the right to free and compulsory education. It was passed by Parliament in December 2002.

                    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 emancipates the human beings and leads to liberation from ignorance.

                  In accordance with the Preamble of UDHR, education should aim at promoting human rights by importing knowledge and skill among the people of the nation states.

Article 26 (1) of UDHR proclaims that: Every one has a right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit."

Article 26 (2) states that 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 Nations for maintenance of peace. Further, Article 26 (3) provides that parents have a prior right to choose the kind of education that shall be given to their children."

The right to education has also been recognized by the International covenant on Economic, Social and Cultural Rights. Article 13

(1) states that,: The states parties to the present covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and sense of its dignity, and shall strengthen the respect for human right and fundamental freedoms.... Article 13

(2) further provides that the states Parties to the present covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the

progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received on completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

                        Legislation guaranteeing free and compulsory education as a fundamental right for children between the ages of 6 to 14 years has been enforced in the country under The Right of Children to Free and Compulsory Education Act 2009 (RTE). The RTE, which will require Rs 1.7 lakh crore for the next five years, is expected to benefit almost one crore children who are currently not enrolled in school.

               In developed countries, above 40 percent of those between 18-24 years move into the university system. The global average is 23 percent. However, in India that figure is just 12.4 percent. The notification of the RTE greatly increases the potential to channel students into secondary and then higher education. Along with implementing the act, the education ministry’s next focus area will have to be on re-examining secondary and higher education capacities and systems in order to handle the increased numbers of children coming out of elementary education.