Published On: October 3, 2021 at 14:40 IST
Introduction
An investment in knowledge pays the best interest.
The quote was established by Benjamin Franklin. In this modern era especially, Education is the key to unlock the golden door of freedom. On practical grounds, for living, survival in the society, to upgrading self or to even taking a stand for self, education is necessary. Education doesn’t only include bookish knowledge, but it teaches how to live your life. From the very first day, we all start developing and it goes on until we die. In this process, education and guidance plays a crucial role.
The term plays a significant role especially in the first-fourth of life as it is considered to be the main-learning age. This concept has been ascertained from very ancient times even before Ramayana has happened. Even Rishi-Muni and Vedas talked about the importance of education. The ashram system of Arya-Samaj also writes that first 25 years of a human’s life are considered as Brahamcharya Ashram where students have to go to Gurukuls with the objective of taking Gyan.
Although the type and way of having of education was different, but emphasis is that in India, education has always been a very crucial notion. Even in today’s world, Right to education is considered as salient and prime for the development of youth leading to development of nation[i]. There are various rules and laws prevailing for establishing and protecting educational rights of every child.
Education and Indian Constitution
Constitution i.e., mother of all rules and laws in India also provides various provisions for strengthening the right to education[ii]. Even amendments have been made to make a wide reach of this concept as well as to make it flexible and available to every child of the country. Initially, it was embedded under Directive Principles of State Policy but then it was made a fundamental right through an amendment.
- Article 21A
This article was inserted in the constitution in 2002, after the Constitution (Eighty-sixth Amendment) Act, 2002. It provides that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards[iii]. The Article declares:
“The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
The objective was to impart education in every section of society irrespective of caste, religion, gender etc. up to the age of fourteen years.
- Article 45 and Article 39(f)
Originally Part IV of the Indian constitution, Article 45 and Article 39(f) of DPSP, had a provision for state funded as well as accessible education inserted in 1949 before the application of constitution in the country. This Article 45 writes that:
“The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for children until they complete the age of fourteen years”
And the provisions supportive of education to children in Article 39(f) is written as:
“Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that the childhood and youth are protected against exploitation and against moral and material abandonment.”
Both the provisions were future-based and hence, right to education was needed to be brought under more focus which implied the need of making it a fundamental right.
- Article 51A(k)
After 86th Constitutional Amendment, 2002, a clause was also added to Article 51-A that talks about Fundamental duties to be performed by citizens of the country towards nation. The clause (k) writes as
“Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six to fourteen years.”
The objective of doing so was to make aware the citizens of their duty towards providing the children education and knowledge to make them a better citizen as well as to make sure that no child is denied of this fundamental right.
Hence, we can say that constitution provides various Articles and provisions for the sake of children to get their right to education.
Important Committees
Some important committees have also been appointed with the objective of flourishment and strengthening the very base of nation by providing and protecting right of education. This was done to build a skilled and efficient youth to make them able to stand and participate in fast-racing world. Education here refers to education in all spheres of one’s choice. The committees have proved to be a great deal in the course of development of education and education laws in India.
- Ramamurti Committee (1990)
The committee headed by Acharya Ramamurti was a review committee that has been established to ascertain and review the National Policy on Education in 1986 introduced by Former Prime Minister Sh. Rajiv Gandhi. The new policy called ‘Special emphasis on the removal of disparities and equalize educational opportunity”.
The Committee brought out its report on NPE 1986 and pointed out various concerns such as:
Equity and Social Justice, Decentralization of educational management at all levels, Establishment of a participative educational order, empowerment of work, promotion of women education, adult education, value education impartation and the main to examine the right to education for inclusion among fundamental rights.
Also, important alternative was recommended for Navodaya Vidyalayas to make their functioning efficient and progressive. This committee hence made highly useful recommendations as per the future of children.
- Tapas Majumdar Committee (1999)
The Committee was set up by the NDA government in 1999 to look into financial implications of operationalizing the 83rd Amendment Bill introduced by the United Front government in 1997, seeking to make the right to free and compulsory education up to the age of 14, a fundamental right.
The Tapas committee recommended that even children belonging to the poorest sections of the society must receive education that was comparable in quality with the best. It also suggested a required expenditure of around Rs. 1.37 lakh crores over a ten years’ time frame (1998-2007) to bring all the children in the age 6-14 age groups under purview of school education by 2008under the financial memorandum. It added that there should never be a national scheme of recruitment of para teachers, and that true committee participation in the affairs of the school must be aggressively facilitated.
In this way, these committees played a major role in the progress of Education Laws in the country. Some were highlighted and some were controversial also, but still all this gave a good direction to the cause.
Right to Education Act, 2009
The 86th amendment provided a follow-up legislation for the Right to Education Bill, 2008 and finally Right to Education Act, 2009. The act was made after the insertion of Article 21A that gives Right to Education a status of fundamental right. Although introduced late, but the act gave a boost to education system in India. It provides primary education to all children aged 6 to 14 years[iv].
The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged include:
- SCs and STs
- Socially Backward Class
- Differently abled
It also envisages provisions for a non-admitted child to be admitted to an age-appropriate class. Also, the act provides with the responsibility-sharing between State or Central Governments. It also talks about prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
Moreover, it prohibits physical punishment and mental harassment, screening procedures for admission of children, capitation fee, private tution by teachers, running of schools without recognition and it focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child-centered learning.
The RTI Act has successfully managed to increase enrolment in the upper in the upper primary level i.e. Class 6th to 8th. Also, infrastructure facilities have been improved in schools, especially in rural areas. Removal of “No Detention Policy” has increased the accountability in the elementary system. It has been estimated that more than 3.3 million students secured admission under 25% quota norm under RTE. Also, the government has also launched an integrated scheme, for school education named as Samagra Shiksha Abhiyan, which subsumes the three schemes of school education:
- Sarva Shiksha Abhiyan (SSA)
- Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
- Centrally sponsored Scheme on Teacher Education (CSSTE)
Like these, various others features have been brought by the act that have solidify the basis of education in the country. Still like each coin has two sides, the act has also undergone its limitations whose effects have been seen so far in the whole system in quality of education, education to underprivileged section, lack of pupil-teacher effective ratio etc.
National Education Policy, 2020 – An Overview
The Union Cabinet in July 2020 approved the New Education Policy (NEP), which aims at universalization of education from pre-school to secondary level. The policy would replace the old policy of 1986 and would focus on Excellency and skills[v]. It has set target a target of 100% Gross-Enrolment Ratio (GEER), in school education by 2030.
The NEP aims at making “India a global knowledge superpower”. Moreover, NEP cleared by cabinet is only the third major revamp of the framework of education in India since independence. Some features brought up by the New Education Policy can be written as:
- Introduction to Open Schooling system to bring about 2 crore out of school children back to mainstream.
- The current 10+2 system would be replaced by a new 5+3+3+4 curricular structure corresponding to ages 3-8, 8-11, 11-14 and 14-18 years respectively. It will bring an uncovered age of 3-6 years under school curriculum, which has been recognized globally as the crucial stage for development of mental faculties of child.
- A new accreditation framework and an independent authority would be made to regulate both the public as well as private schools.
- The concept of vocational educations will be started from the Class 6th with internships. Moreover, up to class 5, teaching will be done in mother tongue/regional language. No language will be imposed on any student.
- Also, a new and comprehensive National Curriculum Framework for Teacher Education (NCFTE) 2021, will be formulated by the National Council for Teacher Education (NCTE) in consultation with National Council of Educational Research and Training (NCERT).
- M. Phil courses will be discontinued and all the courses at undergraduate, postgraduate and PhD level will now be interdisciplinary.
- The National Research Foundation will be created as an apex body for fostering a strong research culture and building research capacity across higher education. Also, Higher Education Commission of India (HCEI) will be set up as a single umbrella body for the entire higher education, excluding medical and legal education.
Like this, various other changes have been brought up by New National Education Policy. The structure of whole educational and institutional framework has been targeted to change in this particular policy. It can lead to universalization as well as globalization of skill and excellency in India and make it an education hub.
Case Laws
- Mohini Jain Vs State of Karnataka[vi]
The Right to Education became a Fundamental Right
It was in this case that the Right to education became a fundamental right and included in Part III of the Indian Constitution under Article 21-A. Supreme court division bench decide the case. Justice comprising Kuldip Singh and R.M. Sahai held that:
“Right to education is the essence of the right to life and directly flow and interlinked with it, and life living with dignity can only be assured when there is a significant role of education.”
- J.P. Unnikrishnan Vs State of Andhra Pradesh[vii]
Re-examination of Article 21-A
The validity of the Article 21-A was re-examined by a five-judge bench held that:
“Right to education means citizen has the right to call up the state to provide the facilities of education to them in according to the financial capacity.”
- Bandhua Mukti Morcha Vs Union of India & Ors.[viii]
State has ensured implementation of Article 21A
The Supreme in the following case stated that:
“It would be therefore the necessary duty of the State to ensure the facilities and opportunity to children enjoined under Article 39(e), 39(f) of the Constitution and to prevent exploitation of their childhood due to extreme poverty and notion.”
Conclusion
India has fought and is still fighting for the education management and to make it reach towards every section of the society. Different laws by different committees have been recommended from time to time, which has led to progress in the field of education. But the fight was never too easy to be compatible with the other nations. Apart from policies different initiatives by the government of the country have been implemented like Sarva Shiksha Abhiyan, Mid-Day Meal Scheme, Navodaya Vidyalayas (NVS schools), Kendriya Vidyalayas and use of IT education are a result of the New Education Policy of 1986.
The New Education Policy 2020 aims to facilitate an inclusive, participatory and holistic approach, which takes into consideration field experiences, research as well as feedback and accountability. This could be a progressive approach to education in the country if implemented effectively because there is a vast difference between the planning and implementation. But if it is implemented in its true vision, the new structure can definitely make India to stand side by side with the develop countries.
Edited by: Aashima Kakkar, Associate Editor, Law Insider
To read the New Education Policy 2020:
[embeddoc url=”https://www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf”][i] “Right to Education | School Education & Literacy”, (Last visited on September 20th, 2021)
[ii] “Right to Education”, (Last visited on September 20th, 2021)
[iii] A ARUN, “Right to Education-Article21(A)”, (Last visited on September 20th,2021)
[iv] “Right of Children to Free and Compulsory Education Act, 2009 (Right to Education Act)”, (Last visited on September 20th,2021)
[v] BIJAYA KUMAR SAHOO, “NEP 2020: Implementation of New Education Policy in our education system”, (Last visited on September 20th, 2021)
[vi] Mohini Jain Vs State of Karnataka 1992 AIR 1858
[vii] J.P. Unnikrishnan Vs State of Andhra Pradesh 1993 AIR 217
[viii] Bandhua Mukti Morcha Vs Union of India & Ors. (1997) 10 SCC 549