Education is a fundamental human right and is essential for the realization
of all other human rights. It promotes individual freedom and empowerment and
provides important development benefits. However, millions of children and
adults are deprived of educational opportunities due to poverty.
Normative documents of the United Nations and UNESCO establish international
legal obligations for the right to education. These tools promote and promote
everyone's right to access to quality education without discrimination. This
instrument testifies to the importance that member states and the international
community attach to regulatory measures to realize the right to education.
Governments must fulfill their legal and political obligations to provide all
quality education and to implement and monitor more effective education
strategies.
Education is a powerful tool by which economically and socially marginalized
adults and children can rise out of poverty and participate fully as citizens.
India is home to 19% of the world's children. This means that India has the
largest youth population in the world, which is especially useful when compared
to countries like China, which has an aging population.
The bad news is that India has one-third of the world's illiterate population.
It's not like the literacy rate isn't increasing, but the rate of growth is
slowing down rapidly. For example, from 1991 to 2001, the growth of all literacy
was 12.6%, but it decreased to 9.21%.
To combat this worrying trend, the Indian government has proposed the Right to
Free and Compulsory Education (RTE) Act, making education a fundamental right
for every child between the ages of 6 and 14 years.
The right to education is a universal right to education. The International
Covenant on Economic, Social and Cultural Rights recognizes the right to free
compulsory primary education for all as a human right, which includes the
obligation to promote accessible secondary education for all, especially the
systematic introduction of free secondary education. education, as well as the
obligation to promote equitable access to higher education by introducing free
higher education.
The right to education also includes the responsibility to provide basic
education for individuals who have not completed primary education. In addition
to access to education, the right to education includes the obligation to
eliminate discrimination, set minimum standards and improve the quality of
education at all levels of the education system.
RIGHT TO EDUCATION IN INDIA
Education is the process of learning and acquiring knowledge, skills, beliefs
and attitudes that help lift people who are socially and economically
marginalized from poverty.
India is home to 19% of the world's children. Does this mean anything? India is
the country where most of the youth live. But it is also true that one third of
the world's illiterate population lives in India. The rate of literacy has not
increased, not necessarily, but the rate of growth has been very slow instead of
decreasing. Between 1991 and 2001, this number dropped from 12.6% to 9.21%.
To address this worrisome issue, the Government of India introduced the Free and
Compulsory Education Act, Right to RTE, and made education a fundamental right
for the 6-14 age group.
The Right to Education Act is an Act of Parliament passed on August 4, 2009 in
India which establishes and emphasizes the importance of free and compulsory
education for children aged 6 to 14 years. India has become one of the 135
countries that have implemented the right to education as a fundamental right
guaranteed to every child in our constitution under Article 21A. This law came
into effect on April 1, 2010.
CONSTITUTION ON EDUCATION
The basic structure provides social justice to every citizen and education is a
social aspect and must be addressed by policymakers as the supply opportunities
are not equal if the population is below the literacy level. Social change,
which is the essence of education, cannot be achieved if a person is not given
the opportunity to save his life from tragedy and disaster.
The right to education has now become a fundamental right and has been included
in Part III of the Indian constitution under Article 21-A. This is done in
connection with Mohinijain and the state of Karnataka.
The Supreme Court decision settled the case. Justice Kuldeep Singh and R.M.
Sahai:
"The right to education is the core of the right to life and is directly related
to it, and life with dignity can only be guaranteed if education plays an
important role."
Later, the power of this decision J.P. In Unnikrishnan v. The state of Andhra
Pradeshwas reconsidered and it was as follows:
"The right to education means the right of citizens to call on the state to
provide educational facilities according to their financial capabilities."
The above cases enumerate the right of access as a fundamental right under Part
III. Maharashtra State Board of Secondary and Higher Education v. K.S. There are
many other cases where the right to education is a fundamental right. Gandhi,
Supreme Court v BandhuaMuktiMorcha and others. Considered a case involving the
Union of India.
Therefore, it will be the imperative duty of the state to provide opportunities
and opportunities to children as envisaged in Article 39 (e), 39 (f) of the
Constitution and prevent the exploitation of children due to extreme poverty and
deprivation.
CONSTITUTION PROVISION FOR EDUCATION IN INDIA
The Constitution of India lays down rules for education in the following
major areas of education:
Education for women
One of the main elements of modern Indian education and policy is the promotion
of female education.
The education of girls is as important as that of boys.
Some articles of the constitution contain the following provisions:
- Article 15 This article prohibits discrimination against citizens of any country based on race, religion, sex or place of birth.
- Article 15(3) of the Constitution empowers the state to make special provisions for women, including education.
- Article 15 (1) In this Article, the State will not discriminate against any citizen based on race, religion, sex or place of birth.
- The National Education Policy of 1986 was particularly concerned with the status and education of women in the country.
- According to the 1986 Education Policy, "education will be used as a proxy for radical changes in the status of women in society".
Free and Compulsory Education:
According to Article 45 of the Directive Principles of State Policy, the
Constitution envisages the following provisions: "The State must ensure free and
compulsory education for all children within ten years from the date of entry
into this Constitution. fourteen years."
The expression "State" in this Article includes in Article 12 "The Government
and Parliament of India, the Government and Legislature of each State, and all
local or other authorities within or under the jurisdiction of India.
Constituted by the Government of India." Article 45 explains that the provision
universal, free and compulsory education is the joint responsibility of the
Center and the States.
The constitution stipulated that universal compulsory education should be
provided to all children up to the age of 14 in 10 years, that is in 1960, but
unfortunately this directive was not implemented. A strong effort is needed to
achieve the goal of 100 percent primary education. The central government should
provide financial sufficiency for this. At the current rate of development, this
directive is expected to be implemented by the end of this century.
Minority Education:
Article 30 of the Indian constitution refers to certain cultural and educational
rights to establish and manage educational institutions.
All minorities based on religion or language have the right to establish and
manage educational institutions of their choice.
In giving aid to educational institutions, the State should not discriminate any
educational institution on the basis of religion or language because it is under
the leadership of a minority.
Language security:
Article 29 Clause 1 states that "Any section of citizens residing within the
territory of India or in any other language, script or other language shall have
the right to maintain the same". Article 350B appoints a special officer for
linguistic minorities to investigate all matters related to the guarantee
provided for linguistic minorities in the constitution.
Education for Weaker Sections:
Article 15, 17, 46 protect the educational interests of the weaker sections of
Indian society, ie socially and educationally backward and scheduled tribes and
scheduled tribes. Article 15: "Nothing in this Article or in sub-section (2) of
Article 29 shall prevent the State from making special provisions for the social
development and education of backward citizens or Scheduled Tribes and Scheduled
Tribes."
According to Article 46 of the Constitution, the federal government is
responsible for the economic and educational development of Scheduled Tribes and
Scheduled Tribes.
It says "The State must promote the educational and economic interests of the
weaker sections, especially the Scheduled Tribes and Scheduled Tribes, with
special care and protect them from social injustice and forms of exploitation."
This is one of the directive principles of national policy.
Other provisions
Article 46: Talks about giving special attention to the development of
educational and economic interests of Scheduled Tribes, Scheduled Castes, OBCs
and weaker sections of society.
Article 337: This article provides special provisions regarding educational
grants for the Anglo-Indian Community.
Article 350B: Offers for grants and offers for linguistic minorities.
Article 351: This article deals with the development and promotion of Hindi
language.
RIGHT TO EDUCATION ACT
This law is called "Right of Children to Free and Compulsory Education". It was
adopted by Parliament in August 2009. When the Act came into force in 2010,
India was among 135 countries where education is a fundamental right of every
child.
The 86th Constitutional Amendment (2002) inserted Article 21A in the
Constitution of India:
"The state must provide free and compulsory education to all children between
the ages of 6 and 14 in the manner prescribed by law."
Accordingly, the right to education is made a basic right and removed from the
list of Directive Principles of State Policy.
RTE is an effective legislation under the 86th amendment.
The article contains the word "free" in the title. This means that no child
(other than those admitted by his parents to a school not aided by the
Government) shall have to pay any fees or charges or fees which may prevent him
from pursuing and completing his primary education. .
This law requires the government to ensure that all children between the ages of
six and fourteen are registered, enrolled and complete primary education.
In fact, this Act provides free primary education to all children from
economically weaker sections of the society.
The provisions of the RTE Act are explained in brief below. Act provides:
The right to free and compulsory education for children until the completion
of primary education in neighborhood schools.
According to the law, "basic education" means that it is the government's duty
to ensure that children between the ages of six and fourteen receive, enroll and
complete basic education. The word "free" indicates that no fee is charged that
would prevent a child from completing such an education.
The law provides for the adoption of unadopted children into the appropriate age
group.
It mentions the responsibility of relevant governments, local authorities and
parents to ensure that children receive an education. It also determines the
sharing of the financial burden between the central and state governments.
It sets standards and norms for pupil teacher ratio (PTR), infrastructure and
buildings, school hours and teachers.
It also says that there should not be urban-rural disparity in teacher records.
The law also prohibits the employment of teachers in non-academic work except
for census, election and disaster work.
The law states that appointed teachers must be trained and qualified.
The law prohibits:
Mental abuse and physical punishment.
Child Admission Screening Procedure.
Ability cost.
Private lessons by the teacher.
Running a non-recognition school.
The Act envisages the development of a curriculum that will focus on the values
enshrined in the Constitution of India and on the development of children. The
curriculum should be based on the child's knowledge, potential and talent, and
should help the child overcome trauma, fear and anxiety through a child-centred
and child-friendly framework.
DIGITAL EDUCATION FOR DIGITAL INDIA
Technology is one of the buzzwords of our world, but it is also one of the most
confusing forms of elite and systematic knowledge. The use of this term has
changed dramatically since the 20th century and continues to evolve over time,
thus not only helping businesses and individuals increase their productivity,
but also playing an important role in the development of human civilization.
It cannot be denied that technology has revolutionized many practical fields, be
it gadgets, faster communication methods, or even education. The spread of the
COVID-19 pandemic has led to major changes in the traditional education system,
where the concept of online classes and the use of laptops have replaced the
traditional teaching methods in classrooms and books. Digital education in
India, the only source of education for students in the country during the
pandemic. Today, with the click of a button, students have instant access to the
highest quality information available in the world.
They can acquire practical and technical knowledge. Innovative audio-video
features can enhance learning, learning materials can be downloaded and saved
for future use. Teachers can also interact with students through e-classrooms,
teach, share ideas and resources, and use resources available on the Internet
for various projects, research, etc. they can be used for.
It is often said that technology will be the wings that allow the world of
education to fly faster and faster than before. Online learning has changed the
way we look at education, improving the education sector over time and adding a
convenience factor to our lives. The Government of India has announced several
initiatives as part of its education campaign to benefit students from various
walks of life. Ministry of Human Resource Development (MHRD), "One Nation; "One
Digital Platform" aims to unify online, digital and broadcast educational
efforts. It is a national platform for schools in India that includes quizzes
and courses for teachers and students. Similarly, many technology-based
initiatives like Vidyadaan, SWAYAM, Pathshala, ShikshaWani and others have
brought a sea change in the lives of these people.
This government initiative is a repository of powerful educational resources
that students, teachers, researchers and parents can access whenever they want.
The best thing about these portals is that they are user-friendly and available
in different languages - English, Hindi, Urdu and Sanskrit, making them an
educational powerhouse, which is good for India as people who speak different
languages can. use them and improve. learning and the opportunity to become a
better and better person. Users can download relevant study materials from their
respective portals/platforms and use them later as per their convenience. Radio
broadcasting also helps students living in remote areas to get an education. DTH
channel using sign language - DAISY is also available for disabled students.
This new technological advancement in the field of education has catapulted
India to the top.
India plays an important role in the global education sector and is expected to
become one of the largest suppliers of talent in the world in the coming years.
However, the need of the hour is to ensure that our students get quality
education and practical experience. Our curriculum should be skill oriented,
more personalized and modern.
Digital agility through digital education is the need of the hour. In order for
digital education to be successful, teachers must be given sufficient and
effective training to be comfortable in the new learning period. This along with
well equipped infrastructure and internet connection should be provided in the
remotest parts of the country to get the proper benefits of this method of
education. Electronic devices and technology should be accessible to vulnerable
sections of society at low cost, digital learning should be cost-effective and
create equal opportunities for all. Through this method can be made more
interactive and interesting between students and teachers. Digital education
will go a long way in addressing India's cultural and linguistic diversity.
India is well placed to reap the benefits of digitization of education, which
can change the 'how and what' we learn and soon help bridge the gap between
teachers and students. However, to be useful, digital education must complement
traditional physical education and is not cost-effective. The benefits of
physical education cannot be overstated as personal touch and interaction play a
huge role in a child's development. Both of these methods should complement each
other. Only then can the country reap the true benefits of Digital Education by
dramatically increasing the educational attainment of students and taking India
on the road to glory.
Digital education initiatives and their goals
Here are the key initiatives taken by the Government of India to promote
digital education activities:
National Digital Education Architecture (NDEAR)
In the Union Budget 2021-22, the Government of India launched the National
Digital Education Architecture (NDEAR) to strengthen digital infrastructure and
support educational planning initiatives. NDEAR aims to develop a unique
educational ecosystem architecture to develop digital infrastructure in the
country and ensure the autonomy of stakeholders, especially states and UTs.
Program PM eVIDYA
The government launched the PM eVIDYA program in May 2020 to make e-learning
more accessible to Indian students and teachers and promote and strengthen
digital education in India. The program aims to integrate all activities related
to online / digital education and is expected to generate 25 million euros for
school students.
The program will also involve designing unique e-content for hearing and blind
students to provide radio/podcast and digital textbooks with QR codes to school
students (grades 1-12) on the DIKSHA portal.
Accordingly, 100 universities are allowed to launch online courses, provide
better learning opportunities for 3.7 million higher education students, and
promote e-learning by relaxing the regulatory framework for distance / open /
online education.
DIKSHA
In September 2017, the government launched DIKSHA (Digital Infrastructure for
Knowledge Sharing), a national school education portal, to provide teaching
materials based on the school curriculum to students, teachers and parents. The
portal supports > 18 Hindi languages and has been implemented by 35 states/UTs.
SWAYAM
In 2017, the government launched the 'Active Learning Website for Aspirant
Minds' (SWAYAM) to provide an integrated platform for affordable online courses
to all citizens, especially the underprivileged parts of the country.
The portal provides Massive Open Online Courses (MOOCs) to provide quality
education to students in various subjects (from 9th to 12th grade to
undergraduate and postgraduate).
SWAYAM PRABHA
In 2017, SWAYAM PRABHA was introduced, consisting of 34 DTH (Direct-to-Home)
channels dedicated to broadcasting educational programs 24x7.
The channel broadcasts at least four hours of new content every day and repeats
it five times on the same day to select a suitable place for students.
ePathshala Portal
In 2015, the government released educational videos, audio clips, flip books,
etc. launched the ePathshala portal to build a resource store for The resources
on the portal are available in Hindi languages like Hindi, English and Urdu
and can be accessed through smartphones, laptops, desktops and tablets.
NISHTA
In FY21, National Initiative for Inclusive Development of School Principals and
Teachers (NISHTHA) - NISHTHA - Phase 2 was launched at medium level to prepare
modules for online education. According to the Union Budget 2021-22, 5.6 crore
teachers will be trained under the NISHTHA training program in FY22.
Virtual lab
The Government of India introduced an experimental virtual laboratory in 2009 to
enhance the learning experience for undergraduates and postgraduates (pursuing
science and engineering courses) by accessing laboratories remotely.
Virtual Labs provides students with a Learning Management System and a variety
of learning resources including video lectures, web resources, self-assessments,
and animations.
Besides, other digital initiatives taken up by the government include
ShikshaWani radio for public use, Center for Secondary Education (CBSE) podcast,
National Institute of Open Schooling (NIOS) website/YouTube and Digitally
Accessible sign language content. . Information System for Accessing Special
Electronic Content for Hard of Hearing and Blind Students (DAISY) and Free Open
Source Software for Education (FOSSEE).
International recognition of education as a human right:
There are many human rights issues that cannot be solved if the right to
education is addressed as the key to unlocking other human rights. The right to
education is clearly recognized in the Universal Declaration of Human Rights (UDHR)
of 1948:
"Everyone has the right to education. Education should be free, at least at the
basic and elementary levels. Primary education is mandatory. Technical and
vocational education must be universally available and higher education must be
equally accessible to all..." (Article 26)
In addition to the UDHR, the right to education is recognized, protected and
promoted in several international human rights treaties, including:
- Convention on Discrimination in Employment and Occupation (1958) - Article 3
- Convention against Discrimination in Education (1960)
- International Covenant on Economic, Social and Cultural Rights (1966) - Article 13
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1981) 10 Article 10
- United Nations Convention on the Rights of the Child (1989) - Articles 28 and 29
Therefore, the right to education recognized by this international agreement
is not only access to education, but also the obligation to eliminate
discrimination, set minimum standards and improve quality at all levels of the
education system. Regarding the application of these conventions in India, it
should be noted that India is a party to the ICESCR, CERD Convention, CEDAW
Convention and Convention on the Rights of the Child.
Prominent organizations around the world working to promote the right to
education include:
- United Nations Educational, Scientific and Cultural Organization (UNESCO)
- United Nations Children's Fund (UNICEF)
- World Bank
- International Labour Organization (ILO)
CONCLUSION
To quote former Chief Justice of India, Justice PN Bhagwat:
"Child, soul and creature, nature, and faculty, must help to find them, adult,
body and vitality, and to the fullest breadth, depth, and height. emotional,
intellectual and spiritual existence; Otherwise, the nation will not be able
have a healthy development," he said.
Each generation looks forward to the next generation with the hope that they
will build a better nation than the current generation. Therefore, education
that empowers future generations should be a major concern for any nation. It is
an indisputable fact that the right to education can be realized at the national
level only through compulsory education, or rather, free basic education.
However, efforts to develop an education system with full access, equity and
quality education in India have not been made due to widespread poverty and
diverse perceptions in society. A cause for concern is the inability to
ascertain the number of dropouts among marginalized sections of the population.
REFERENCE
- https://physicscatalyst.com/graduation/constitutional-provisions-on-education-in-india
- https://www.yourarticlelibrary.com/constitution/12-major-constitutional-provisions-on-education-in-india/45230
- https://www.dailypioneer.com/2022/columnists/digital-education-for-digital-india.html
- https://www.ibef.org/blogs/digital-education-initiatives
- https://www.legalservicesindia.com/article/1925/Right-to-Education.html
- https://byjus.com/free-ias-prep/right-education-act-rte/
- https://blog.ipleaders.in/right-to-education-3/?amp=1
Written By:
- Shashank Rai (LL.M)
- Dr.Sandeep Mishra (Assistant professor)
