Right to Education in India - A Dream or a Reality?

Francis Assisi Almeida1

Introduction In this research article, while elucidating the system

The Annual Status of The Education Report of 2018,2 of education developed through the centuries begin-
having conducted a survey on 546,527 children aged ning from ancient times till date, analysis will be done
between 3 to 16, who were chosen from 354,944 on how far the right to education to all has fulfilled its
households of 596 districts in rural India, presents a dream.
positive picture of the situation. The statistics of the Historical Development of Education System
report unravel that a proportion of children between in India
the age group of 3 to 16, not enrolled in the school, Ever since its inception, the Indian education system is
had fallen from 3% to 2.8% in 2018. The survey also centred around culture and traditions of man and not
showed that girls between the age group of 11 to 14 merely on a technical education, so called a ‘Liberal
who were absent from the school has fallen to 4.1% or Modern Education’. Since from the Early Vedic pe-
from 10.3% in the year 2006. However, an upward tra- riod, there was a tradition of learning and generally
jectory reflected in the status report of 2018 purports to the aim of ancient education system was the forma-
be a positive growth but practically failed to reach the tion of character, personality, preservation of ancient
expected growth both in enrolment ratio and quality culture and training in the spheres of social and re-
education to all. Universal quality education is the pri- ligious duties.3 In ancient India, the training centres
mordial importance of the state machinery. Inadequate were normally ‘Gurukuls’, where all were considered
ratio between teacher and pupil, low budget allocation to be equal and Guru (teacher) and Shishya (students)
by the Government towards strengthening the educa- lived in the same house or nearby places. The sub-
tion, poor implementation of the Education Policies, jects of study centred on techniques of worship and
high taboo system towards female education in the re- sacrifice and teachers were mostly Brahmins who suc-
mote areas, lack of skill and job-oriented education in ceeded from the priestly class.4 It is noteworthy that
the schools, illiteracy and lack of motivation by the education, in ancient India, was considered not merely
parents towards education etc. are some of the reasons a mechanical process of imparting information from
for slow progress of right to education in India. Grad- outside, rather it was considered a biological process,
ual downward move in the public expenditure by con- a process of growth from within and considered some-
verting education to be a private sector could also be thing which depends on caryã - practice or realization,
one of the reasons for its downfall. The governments, and not on mere theory or intellectual apprehension
ever since the introduction of Liberalization, Global- of truth.5 The ultimate end of the highest education
ization and Privatization (LPG) in 1991, have failed to is thus expressed in Manu’s Book of Laws; “To learn
accomplish the goal of right to education with suitable and to understand the Vedas, to practise pious mor-
provisions of free education under its fiscal policies.
1
Ph.D. Research Scholar, Alliance School of Law, Alliance University, Bengaluru
2
Annual Status of Education Report (Rural) 2018, ASER Centre, 41, New Delhi, (2019)
http://img.asercentre.org/docs/ASER%202018/Release%20Material/aserreport2018.pdf
3
Altekar, A. S. Ideals, Merits and defects of Ancient Indian Educational System, (15), Annals of the Bhandarkar Oriental
Research Institute, 137,138 (1933), JSTOR, www.jstor.org/stable/41694847.
4
Choudhary, Sujit Kumar., Higher Education in India: A Socio-Historical Journey from Ancient Period to 2006-07, (8)
Journal of Educational Enquiry, 50, 52 (2008)
5
Mookerji, Radha Kumud. Glimpses of Education in Ancient India, 25, Annals of the Bhandarkar Oriental Research
Institute 63, 66 (1944) http://www.jstor.org/stable/41688549.

IJLS International Journal of Law and Social Sciences 11

Francis Assisi Almeida

tifications, to acquire divine knowledge of the Law though not like those of Aleppo, Egypt or Iran, but
and of Philosophy, to treat with veneration his natu- some students were sent to other countries for further
ral and his spiritual Father (The Priest) - these are the studies.12
chief duties by means of which endless felicity is at-
British period saw a rapid progress in western science
tained”.6 The Laws which were collected and writ-
and literature through the medium of English. Various
ten under the name of Manu were of great antiquity,
Christian missionaries along with religious teachings
but their formulation does not date back prior to 600
made remarkable contributions in the spheres of edu-
B.C.7 The oldest and famous university among exist-
cation for all, women education, and adult literacy etc.
ing universities in India was the Banaras Hindu Uni-
The British education reformation unified all the states
versity8 and Taxila, the Buddhist learning centre was
and regional kingdoms removing gender and caste bias
prominent for the Medicine, Law and Military Science
despite virtually banishing the traditional gurukul sys-
which attracted scholars from distant parts of India.9
tem and other religious holistic ancient schools that
The Sarnath Monastery under Ashok’s reign became
were prevalent in the country.13 After the conquest
famous as a centre of learning captivating large num-
of Bengal in 1757, the history unravels, the educa-
ber of Buddhist monks.10
tion became a profitable venture and schools came up
During the medieval period, Sanskrit language was
like mushrooms. Advertisements were given on the
prominent, and the literature was mostly in the form
school curriculum, facilities and fee structure. Under
of metaphor, imagery, adjectives and adverbs. Since
these schemes, prominence was given for girls’ edu-
it was difficult for simple people to understand, it
cation including new subjects like dancing skills, em-
widened the gap between the landlords and the peas-
broidery, stitching, etc., and boys were offered with
ants. The literature became the asset of elitist class
special subjects like accountancy, mathematics along
which led to have an authoritarian trend in intellectual
with traditional subjects.14
life.11 During the Mughal period education was con-
sidered to be an important asset and under Akbar’s rule The Charter Act of 1813 rejuvenated the education
the mode of education (madrasas) was brought under system by providing financial assistance to revive and
state purview. A comprehensive education, stressing improve the literature among the intellectuals of na-
on branches of sciences along with religious learn- tive Indians and employed various methods to promote
ing, was prevalent. During the reign of Humayun, sciences among the inhabitants of British territories.15
some schools were constructed. References also can Despite methodological drawbacks in implementation
be found for the existence of medical sciences, even of given objects, the Charter Act of 1813 was consid-

6
Laurie, S.S. The History of Early Education. III. The Aryan or Indo-European Races, 1, The School Review, 668, 676
(1893) http://www.jstor.org/stable/1074070,
7
Id, at 676.
8
GUPTA, AMITA, ‘EARLY CHILDHOOD EDUCATION, POSTCOLONIAL THEORY, AND TEACHING PRAC-
TICES IN INDIA’ BALANCING VYGOTSKY AND THE VEDA’, 41 (Palgrave Macmillan, New York, and Hound
mills, Basingstoke, Hampshire, England, 2006)
9
S. R. DONGERKERY, UNIVERSITY EDUCATION IN INDIA, 1-2 (Manaktalas, Mumbai. 1997)
10
Choudhary, supra note 4, at 53
11
SHARMA, R.S., INDIA’S ANCIENT PAST, 293-294 (Oxford University Press, 2005)
12
Rezavi, Syed Ali Nadeem, The organization of Education in Mughal India, 69, Proceedings of the India History Congress,
389-397 (2007), https://www.jstor.org/stable/i40173377
13
Krishnamoorthy A, Srimathi H. Education of India In Pre-Independent Yore , 9, International Journal of Scientific &
Technology Research, 2251 (2020)
14
Manzar, Nishat, European Education in Indian Environment: Early History of Western Educational Institutions in India
(17th and 18th Century), 75, Proceedings of Indian History Congress, 1389 (2014), www.jstor.org/stable/44158542
15
H. Sharp, Ed., Selections from Educational Records, Part I (1781- 1839), 22 (Bureau of Education, Superintendent
Government Printing, Calcutta, 1920. (Reprint) Delhi: National Archives of India, (1965)

IJLS International Journal of Law and Social Sciences 12

 Right to Education in India...

ered to be a remarkable legislature and a great initia- the amendment to the Constitution was made to amal-
tive of British rulers in the field of education.16 Subse- gamate the educational right as a fundamental right at
quent developments in education reforms came from the instance of Supreme Court’s decisions. The most
Lord Macaulay (Minutes of 1835), Wood’s despatch significant amendment to the constitution for the in-
1854 famously known as Magna Carta of English Ed- clusion of education as a fundamental right was 86th
ucation in India, The Indian Education Commission amendment in the year 2002. The said amendment in-
of 1882, The Shimla Conference in September 1901, cluded Article 21A within Part III of the Constitution
The Government Resolution on Educational Policy of ‘considering right to Education as a fundamental right
1913, and finally The Calcutta University commission and children aging from 6 to 14 are provided with free
of 1917-19 are some of the important developments and compulsory education’.19
in education under British India. The Montague - National Education Polices
Chelmsford Reforms of 1919 has transferred the ed-
ucation department under provincial control. The extensive debates on free and compulsory edu-
cation up to the age of 14 years in the Constituent
Constitutional Provisions on Education Assembly ultimately took shelter under the Directive
The issue of education was primordial in the minds of Principles of State Policy. The goal set for the coun-
the framers of the Constitution and it was even dis- try’s educational policy was to work out a system of
cussed in the Constituent Assembly Debates during universal elementary education by 1960. Necessary
the deliberations on Part III and IV of the Constitu- changes were also affected in the system of secondary
tion of India. Right to education did not find a place and higher education in keeping with the needs of the
under the fundamental rights (Part III) of the Constitu- country.20 Much deliberation on the topic of educa-
tion despite strong discussions on other related issues tion and reporting has also taken place. The country
of education like language, age of the child, minority observed several commissions like the Radha Krish-
rights etc. It was placed under article 45 (Directive nan Commission on university education (1948-49),
Principles of State Policy) of the Indian Constitution the Kher Committee on primary education (1948), the
which provided, “the State shall endeavour to provide, Mudaliar Commission on secondary education (1953),
within a period of ten years from the commencement and the last and the most comprehensive effort on ed-
of the Constitution, for free and compulsory educa- ucation came in the form of the Kothari Commission
tion for all children until they complete the age of 14 (1964-66). These commissions have considered al-
years”.17 Even though Article 29 of the Constitution most every aspect of the education.21
provides, “no citizen shall be denied admission into Radhakrishnan Commission of 1948 saw the academic
any educational institutions maintained by the State issue in a larger perspective as universities come under
or receiving aid out of State funds on grounds only its preview.22 Subsequently, the Kothari Commission
of religion, race, caste or language”,18 but it failed of 1968, while reiterating the constitutional injunc-
to place the right to education under the fundamental tions about free and compulsory education up to the
rights of the Constitution and provide guarantee to the age of 14, laid emphasis on advanced outlays for edu-
foundational or elementary education to all irrespec- cation and advised the curtailment of higher education.
tive of their social and economic background. Finally, The Gajendragadkar Commission that followed on the

16
S. NURURLLAH & J. P. NAIK, HISTORY OF EDUCATION IN INDIA DURING THE BRITISH PERIOD, 68 (The
MacMillan Company, New York, 1943)
17
INDIA CONST. art. 45
18
INDIA CONST. art. 29
19
INDIA CONST. art. 21A
20
SAIKIA, S. HISTORY OF EDUCATION IN INDIA (Mani Manik Prakash Publishers, 1998)
21
Kamat, A. R. Educational Policy in India: Critical Issues, 29, Sociological Bulletin, 189, (1980)
22
Government of India, Report of University Education Commission. (1950)

IJLS International Journal of Law and Social Sciences 13

Francis Assisi Almeida

path of the Kothari Commission dwelt on the gover- round development including material and spiritual.
nance of universities that gave the State greater control Further it brings about changes in the thought patterns
on higher education. Such authoritarian structure took and contributes to the national solidarity grounded on
a great importance during the emergency when educa- socialistic, secular, and democratic values which are
tion was transferred from the State to the Concurrent enshrined in our constitution. Education was consid-
list.23 ered to be providing manpower, stimulus to research
In response to the Kothari Commission, the Govern- and development in economy leading to national self-
ment of India formulated the ‘National Policy on Edu- reliance. A unique investment both in the present and
cation 1968’ (NPE).24 Compulsory education for the future was the key principle of National Policy on
children between the age group of 6-14 years, ade- Education.26 It aims to foster equality and motiva-
quate emoluments, opportunities of training and free- tion to the young minds to move towards international
dom to improve the teaching capacities of teachers; cooperation, peaceful co-existence and fraternity de-
three language formula; equal opportunities of edu- spite their socio- cultural diversities.27 To rectify the
cation irrespective of physical, social and economic drawbacks of NPE 1986, a commission was appointed
background; prominence to tribal and backward areas; which came up with several important suggestions and
inclusion of local community to build national integra- they were incorporated in the NPE, 1992.
tion; importance to science, mathematics, agriculture, The Concept of Right to Education in India
and technical education to improve the economy; as-
Right to education, of course, does not mean the right
sessment to identify the talents of students; availabil-
to same kind or same degree of education for all in-
ity of books at the reasonable rate; comprehensive ex-
dividuals but it means the minimum standard or basis
amination pattern; extension of secondary education
of quality education to all, be it an elementary, basic
to the remote areas and importance to technical and
or foundational education. Article 26 of the Univer-
vocational training at the secondary education level;
sal Declaration on Human Rights mentions, “Every-
considerable importance to university education; es-
one has the right to education. Education shall be free,
tablishment of part time courses in large scale; special
at least in the elementary and fundamental stages. Ele-
emphasis on adult education; incorporation of sports
mentary education shall be compulsory. Technical and
and games within the education curriculum; protec-
professional education shall be made generally avail-
tion of the minority educational interests; uniform ed-
able and higher education shall be equally accessible
ucational system throughout the country on 10+2+3
to all on the basis of merit”.28 Further it says, “Parents
pattern; and review of policy on every 5 years interval
have a prior right to choose the kind of education that
are some of the important provisions of NPE 1968.
shall be given to their children”.29 The Convention on
The NPE, 198625 was the successive effort to bring the Rights of the Child demands the States Parties to
changes in the education system. Under this policy, recognise the right of the child to education in a pro-
the role of education was seen to be manifold and gressive manner particularly making primary educa-
considered to be essential for all with the aim of all- tion compulsory and available free to all with the mea-
23
Raina, Badri. Education Old and New: A Perspective, 17, Social Scientist, 7-8 (1989)
24
National Policy on Education, 1968, Government of India (1968)
25
National Policy on Education 1986, Government of India (1986)
26
Sen, Rahul & Bhattacharya, D. K. Education in India, 21, Indian Anthropologist 68 (1991)
27
GHOSH, S. C. THE HISTORY OF EDUCATION IN MODERN INDIA, 184 (Orient Longman Limited, New Delhi,
2000)
28
Article 26 Clause (1) of Universal Declaration of Human Rights, United Nations Organisation,
https://www.un.org/en/about-us/universal-declaration-of-human-rights
29
Id, Clause (3)
30
Article 28 Clauses (a) and (e) of Convention on the Rights of the Child, Adopted and opened for signature, ratification and
accession by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in accordance

IJLS International Journal of Law and Social Sciences 14

 Right to Education in India...

sures like encouraging regular attendance at schools velop his faculties to the fullest to become a complete
and reduction of the dropout rates.30 These interna- human being. To accomplish the goal of right to uni-
tional conventions inadvertently focus on the compul- versal education, article 21A of the constitution ob-
sory and free education to all and further the obliga- ligates the State to provide education to all. It says,
tion to impart education is on both the State as well as “The State shall provide free and compulsory educa-
parents and guardians. tion to all children of the age of six to fourteen years in
It was aptly admitted that right to education, in In- such manner as the State may, by law, determine”.32 In
dia, is a fundamental right coupled with right to qual- pursuance of this article the Right of Children to Free
ity education. The Constitution of India, by insert- and Compulsory Education Act, 2009 (RTE)33 was en-
ing article 21A, made it obligatory on the part of acted and it came into effect from April 1, 2010.
the state, parents and society at large to play a vi- The RTE Act, 2009 is a child-centric and proposes the
tal role to create education as a fundamental human re-orientation of the teacher to accommodate himself
right to all, irrespective of their social and economic to the situations of the child. It aims to provide the
background. The Supreme Court and High Courts primary education to all children aged between 6 to
have upheld the right to free and compulsory educa- 14 years as a fundamental right. The act also man-
tion through their various landmark judgments. The dates 25 per cent reservation for disadvantaged sec-
Parliament subsequently enacted the Right to Educa- tions of the society which include SCs and STs, So-
tion Act in the year 2009 and implemented in 2010. cially Backward Class, and Differently abled children.
Following the 1986 education policy, changes have It makes provision to include drop out and other chil-
been taken place to a great extent. Several mission dren to the classes appropriate to their age. Sharing of
mode programmes like “District Primary Education the responsibilities between central and state govern-
Programme (DPEP) followed by the Sarva Shiksha ments towards the financial and other educational as-
Abhiyan (SSA), Rashtriya Madhyamik Shiksha Ab- sistance to the children, prohibition of deployment of
hiyan (RMSA), Rashtriya Uchchatar Shiksha Abhiyan teachers for non-educational work except specified un-
(RUSA), the Constitution (Eighty- sixth) Amendment der the Act, and providing safety and security by erad-
Act (2002) and the Right of Children to Free and Com- icating fear, trauma and anxiety through establishing a
pulsory Education (2009), acceptance of external aid child-friendly and child-centred learning are some of
for education programmes in the early 1990s and the the important features of the Act
mobilisation of additional domestic finances through Judicial Response on Right to Education
the levy of an education cess, restructuring of teacher
education programmes, and expansion of both govern- Originally, article referring to the right to education
ment and private education institutions at all levels of was incorporated under the Directive Principles of
education”.31 State Policy rather than placing under the Funda-
mental Rights. Assumptions could be made that the
Right to Education act framers of the Constitution were intended to make the
It is an axiomatic truth that an individual obtains equal State responsible in providing quality education to its
opportunities under right to education in order to de- citizens without differentiating on social or economic

with article 49, United Nations Human Rights, https://www.ohchr.org/en/professionalinterest/pages/crc.

aspx, It provides, “States Parties recognize the right of the child to education, and with a view to achieving this right
progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory
and available free to all. . . . (e) Take measures to encourage regular attendance at schools and the reduction of drop-out
rates...”
31
Dewan, Hridaykant, and Archana Mehendale. Towards a New Education Policy: Directions and Considerations. 50,
Economic and Political Weekly, 15, 16, (2015), www.jstor.org/stable/44002890
32
INDIA CONST, art. 21A
33
Right of children to Free and Compulsory Education Act, 2009, No. 35, Acts of Parliament, 2009 (India)

IJLSInternational Journal of Law and Social Sciences 15

Francis Assisi Almeida

background. When the right to education was denied, Constitution of India. No issue where a family seeks
the Supreme Court time and again has interfered to as- to educate its children (i.e., including private schools),
sert the right in a fair way. While upholding the right the State must make sure that children suffer no dam-
to education as a fundamental right under Article 21 age in practicing their fundamental educational right.
of the Constitution, the Supreme Court in Mohini Jain
v. State of Karnataka,34 observed that a citizen cannot
Right to Education in India- a Dream or a
be denied the right to education by charging exorbi-
Reality?
tant fee in the form of capitation fee. Proceeding in In India, assessing the situation in general, the enrol-
this line, the Supreme Court in Unni Krishnan v. State ment figures show an upward trend at all levels. Statis-
of TN,35 reiterated the same and further held that ev- tics of 2018 mention that 1291 lakh students for the
ery citizen has a right to education until the age of 14 primary have been enrolled in 2015-16 and 676 lakhs
years at free of cost and thereafter it is subjected to the for the upper primary, 391 lakhs for the secondary, and
economic and capacity and development of the State. 247 lakhs for the senior secondary have enrolled in
2014-15.40 The status of education in India, however,
Basing on these judgments, the Constitution was has acquired a steady but gradual growth since its in-
amended and inserted three new provisions to the Con- dependence, yet not satisfactory as it ought to be. In-
stitution; They were Articles 21A, 45 and 51A. Ar- adequate ratio between teacher and pupil, low budget
ticle 21A which says, “The State shall provide free allocation by the Government for the education, entry
and compulsory education to all children of the age of of private sector into education due to investment of
six to fourteen years in such manner as the State may, FDI, poor implementation of the Education Policies,
by law, determine”.36 Article 45 provides, “The State high taboo system towards female education in the re-
shall endeavour to provide early childhood care and mote areas, lack of skill and job-oriented education in
education for all children until they complete the age the schools, illiteracy and lack of motivation by the
of six years”.37 Article 51A says, “Who is a parent or parents towards education etc. are some of the rea-
guardian to provide opportunities for education to his sons for slow progress of education in India. Largely,
child or, as the case may be, ward between the age of on the one hand children belong to remote and socio-
six and fourteen years”.38 The above-mentioned arti- economic backward areas failed to enrol themselves
cles clearly elucidate that the state along with the par- into secondary education and on the other urban chil-
ents or guardians of the child have an obligation to pro- dren failed to get into some professional courses due
vide education at free of cost up till the age of 14 and to unreasonable fee structure. Right to education has
early childhood care of children below 6 years. While become a dream to many rather than a reality. Overall
observing the responsibilities of state, the Supreme data of Indian education reveals that the right to ed-
Court in Avinash Melhrotra v. Union of India & Oth- ucation has not been effectively accomplished despite
ers39 held that there is a fundamental right to get edu- the efforts of State and non-state entities. The bud-
cation free from the panic of safety and donation, and get allocations hardly reached to their purpose, and it
the educational right incorporates the provision of se- is observed that public expenditure on education de-
cure schools pursuant to Articles 21 and 21A of the
34
AIR 1992 SC 1858
35
1993 AIR 217; 1993 SCC (1) 645
36
INDIA CONST. art. 21A
37
INDIA CONST. art.45
38
INDIA CONST. art.51A
39
WRIT PETITION (CIVIL) NO.483 OF 2004
40
Children in India, 2018: A Statistical Appraisal, Social Statistical Division, Central Statistical Office Min-
istry of Statistics and Programme Implementation, Government of India, 41 (2018) http://mospi.nic.
in/sites/default/files/publication_reports/Children%20in%20India%202018%20%E2%80%93%
20A%20Statistical%20Appraisal 26oct18.pdf

IJLS International Journal of Law and Social Sciences 16

 Right to Education in India...

clined by 4 per cent in 1990 and 3.5 per cent by 2000. the then Finance Committee and Planning Commis-
Increasing fee hikes, withdrawal of stipends is the in- sion rejected the proposal. In the year 2009, when the
evitable fallout of the austerity measures of the global bill became an Act and implemented on April 1, 2010,
capital.41 it raised a great deal of expectations in the minds of
The framers of the constitution felt the need of right general public. It was considered a great step towards
to education and made provision under the Directive education for all and of national importance. “In prin-
Principles of State Policy to make the State to shoul- ciple, the RTE Act 2009, with appropriate modifica-
der the responsibility of education. The successive tions and financial provisioning, offers a great oppor-
governments, though enacted policies one after the tunity to correct the anomaly of poor education out-
other, failed to accomplish the intention of the framers comes, and can deliver on the long-standing commit-
of the constitution due to lack of commitment and ment of providing basic and quality education to the
widespread corruption in the system. Right to edu- so called ‘demographic dividend’ of the country”.43
cation implies the right to compulsory and free ed- The Act had an aspiration to fulfil the aim of Sus-
ucation at the elementary or foundational level and tainable Development Goal 4 which speaks about ed-
higher education depending on the calibre of the stu- ucation for all by the end of 2015 along with Millen-
dents and their economic status. While upholding the nium Development Goal. But it faced several chal-
right to education various International Conventions, lenges in the wake of its implementation. Certain chal-
Agreements, Protocols and Declarations mention that lenges which the Act faced during its initial stage are
the essential components of education are availabil- mainly the shortage of funds, lack of proper infrastruc-
ity, accessibility, acceptability and adaptability.42 At ture, the accountability of the schools mentioned un-
the national level, the Constitution, the Right to Edu- der the Act, shortage of human resources in the form
cation Act and Judicial pronouncements assume that of teachers, the implementation of public- private part-
right to education is a fundamental right. The national nerships, etc. Giving a death blow to the implementa-
policies on education have been drafted by taking into tion of the Act at the initial stage, various states raised
consideration the above assumptions. But due to their their contention against the financial burden that they
poor implementation and moreover the lack of will of had to bear for the 25 per cent children from disad-
the policy makers the universal right to education re- vantaged groups who seek education under the Act.44
mained far from the reality. Among them, ineffective- A civil society survey at the nationwide shows that
ness of Right Education Act and desire towards Pri- lack of proper infrastructure and human resource in
vatisation are important one. the form of teachers had equally a great set back to the
Poor Performance of RTE Act 2009 Act for its effective implementation. While exhibiting
the eligibility of qualified teachers and the availabil-
RTE Act 2009 is an attempt to serve the purpose of ed- ity of infrastructure, the report observes, “. . . a shock-
ucation to all. Expectations to reap the fruits of the Act ingly high percentage, 93, of teacher candidates failed
were very high but it failed to render the desired results in the National Teacher Eligibility Test conducted by
due to its poor execution. Though there was an effort the Central Board of Secondary Education in 2010-11.
to enact a bill in the year 2006, due to lack of funds, In 2009-10, the failure was 91 per cent in the national
41
Bej, Sourina. How government is planning to put India’s education sector on sale, dailyo, (11-12-2015)
https://www.dailyo.in/politics/occupy-ugc-smriti-irani-higher-education-modi-government-
wto-gats-chennaihrd-ministry-digital-india/story/1/7891.html
42
General Comment no. 13, para. 6. https://www.ohchr.org/EN/Issues/Education/Training/Compilation/
Pages/d)GeneralCommentNo13Therighttoed ucation(article13)(1999).aspx
43
Jha, Praveen and Parvati, Pooja. “Right to Education Act 2009: Critical Gaps and Challenges”, XLV, Economic and
Political Weekly, 20, 23, (2010)
44
Deccan Herald, No Funds for RTE, says Maya, (2010) https://www.deccanherald.com/content/62144/
nofunds-rte-maya-pm.html,

IJLS International Journal of Law and Social Sciences 17

Francis Assisi Almeida

examination, meant to test the candidates’ teaching ap- 2014-15, unravel the fact that the enrolment of the stu-
titude and a prerequisite for appointment of .95.2 per dent ratio in both urban and rural areas has remained
cent of schools are not yet compliant with the com- either static, or it has reduced in both public and aided
plete set of RTE infrastructure indicators”.45 Even the institutions, and has increased almost universally in
“bureaucratic apathy and weak institutional mecha- private unaided institutions.49 India being one of the
nisms are some factors that have contributed to this”46 largest education system and highest number of edu-
While delving on the accountability of the schools are cation institutions in terms of enrolment, provides am-
concerned, it is not clear the reason behind exempting ple opportunities for the investment and “the higher
or leaving out the accountability of unaided schools education sector of India is considered as the ‘sunrise
under the Act.47 The concept of admission of a child sector’ for investment as it is a market worth US$15
of any age to the appropriate class under section 4 of billion”50
the Act is absurd and impractical in its very notion
of implementation.48 These above-mentioned issues
Suggestions and Recommendations
have made the poor implementation of the Right to Taking into consideration above mentioned draw-
Education Act in its entirety. Adding to that the lit- backs, suggestions for the effective implementation of
igations in the various High Courts regarding fixing the right to education policy would be -
the age limit for admission to a particular class, denial
of admission, issues concerning inter-school transfers,
and admission procedures, are some of them. − Strengthening the provisions of RTE, 2009 and
measures to implement it at any cost. Certain
Privatization of Education rectifications need to be brought in both will-
Right to education is not restricted to basic or elemen- ingness on the part of State to execute the Act
tary education but it includes right to have quality ed- in its entirety and to amend some provisions for
ucation towards a child’s holistic growth. High fee the effective implementation of the said Act.
structure and over competitiveness is prone to com- − Primarily, the State should allocate funds for the
mercialisation of education rather than providing qual- same. It should allocate a substantial amount,
ity education to all. In the bargain, merit-based educa- not less than 6 per cent of the total budget, for
tion and education to the deserving children will be the cause of education and must spend the whole
at stake. Privatisation of education has hampered the allocated amount for the purpose without mak-
growth of right to education to all. The governments, ing any deviations. There must be a strict regu-
since the introduction of Liberalization, Globalisation latory body to implement the same.
and Privatization (LPG) in 1991, has failed to accom-
plish the goals of education for all by making suitable − Well qualified teaching faculty at all levels of
provisions of free education under its fiscal policies. education must be promoted by selecting qual-
An analysis of the National Sample Survey Organisa- ified teachers and further providing avenues for
tion (NSSO) data for two time periods-1995-96 and them to have ongoing formation as years go
by. The incentives of promotion must be given
45
The Hindu, Lack of school infrastructure makes a mockery of RTE, (April 05, 2012) https://www.thehindu.com/
news/national/lack-of-school-infrastructure-makes-a-mockery-ofrte/article3281720.ece
46
Business Line, Courting justice for the right to education, (Jan. 13, 2018) https://www.thehindubusinessline.
com/opinion/courting-justice-for-the-right-to-education/article9557598.ece
47
RTE supra note, 33, Sec. 21
48
Id, sec. 4
49
Jha, Jyotsna, Education India Private Limited, 42, India International Centre, 39, 40 (2015), JSTOR,
www.jstor.org/stable/26316574.
50
Singh, Vikram. Higher Education of India on the Way to Nairobi for GATS, People’s Democracy (2015),
https://peoplesdemocracy.in/2015/0816_pd/higher-education-india-way-nairobi-gats.

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 Right to Education in India...

basing on their proficiency in teaching and not − A full-fledged education policy to implement
merely on the age factor. the right to education, in an effective man-
− The amendments to be made to the RTE Act in ner, without discriminating either on socio-
the spheres of funds allocation to bear the ex- economic background or urban-rural basis, is
penditure of the 25 per cent children from disad- expected from the state as a welfare state.
vantaged groups who seek education under the
Act. Present system of allocation would cer- Conclusion
tainly bring dilemma between Centre and the Since India is dominated by villages, it is relevant that
States. Therefore, the responsibility must be State imparts education to all without discrimination
given strictly either to State or Centre to avoid on the basis of social and economic backwardness of
unnecessary confusions unlike the present sys- a child. Private sectors or non-state entities may pro-
tem of sharing the responsibility between the vide education at the cost of high fee structure and it
Centre and the States. could hardly be accessed by poor and backward cate-
− The entire mode of education should be directed gories children. Lack of good infrastructure and qual-
towards the holistic growth of a child rather than ified dedicated teachers in the remote areas fails to
rote learning. A comprehensive learning pro- provide quality education to the children, even at the
cess including extracurricular activities with the foundational or elementary level. Government, due to
academic subjects should be introduced. Tech- its failure to upgrade public schools and colleges with
nical, vocational and other life-oriented subjects the state aid, failed to compete with the private entities
should be introduced to lead a child towards the with good infrastructure and dedicated team of experts
mainstream of the society both in the spheres of to raise the standard of education. National Policy on
knowledge and status. Education 1986 provides for the Universal Elementary
Education to all but the upgradation and privatisation
− Commercialisation of education should be of education sector became a road block for its imple-
brought under the strict regulatory control and mentation. Even the RTE, 2009 failed to accomplish
all the education institutions must follow the the expected rate of growth. It is also noteworthy that
general fee structure decided by the state au- quality education can only be considered if the holistic
thority. All the States must encourage the state- growth of a child is taken care. Literacy alone would
sponsored schools or aided schools in the re- never suffice the growth of a child but a comprehen-
mote and socio-economically backward areas sive quality education which takes care of the develop-
instead of allowing the profiteering private en- ment of a child is necessary. Due to lack of effective
tities. implementation of Constitutional provisions on edu-
− Parameter of discrimination should be merit ori- cation through National Education Policies and RTE,
ented and not socio-economic oriented. El- the education for many has become a dream especially
ementary and Secondary quality education the socially and economically backward section of the
should be provided to all without any discrim- children. Being a fundamental and human right, the
ination and talented children of tribal and back- State is obliged to implement the right to education on
ward areas must be given scholarship on the ba- a war footing to render justice to all without discrimi-
sis of merit for their higher education. nating on the basis of socio-economic considerations.

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International Journal of Law and Social Sciences 19