RIGHT TO EDUCATION- A DOOR THAT OPENS TO PROGRESS

“My final word of advice to you is: Educate, Agitate and Organize; have faith in yourself. With justice on our side, I do not see how can we lose our battle” – Dr. Bhimrao Ambedkar.

ABSTRACT :

This article discussed how Initially placed in the Directive Principles of State Policy, The Right to Education has steadily evolved from implied to explicit right under the Indian Constitution. The Apex court with its two-judge bench delivered the landmark judgment in Mohini Jain v. State of Karnataka, (1992). The court held Right to Education as a fundamental right under Article-21A of the Indian Constitution, linking Education with Article-21 (Right to Life and Personal liberty). The Unnikrishnan JP v. State of Andhra Pradesh, (1993), refined and reinforced the Right to free education for children up to 14 years. This development paved the way for the 86th constitutional amendment, 2002, inserting Article-21A, and the enactment of the Right of children to free and Compulsory Education Act, 2009. Despite this revolution, in India the discrimination, challenges, inequality, poor infrastructure, lack of communication, and digital division continues to undermine the commitment and promise of universal education. This has been widely acknowledged in this article.

INTRODUCTION :

Education is what forms the foundation of Human development, Social Justice, Equality, Country’s development and Revolution. It helps individuals develop intellectually, socially, and emotionally. The sow of the Right to Education can be traced back in 1927, when Dr. Bhimrao Ambedkar said – “Education is something which ought to be brought within the reach of everyone. The policy of the government should be to give education to all.” In India, the recognition of education as a fundamental right has been widely recognized by the Apex court landmark judgment in Mohini Jain v. State of Karnataka, (1992). Where Mohini Jain, a student at Mathura, a district in Uttar Pradesh, challenged the Karnataka government’s education institution (Prohibition of capitation fees) Act, 1984, claiming that denying her

admission based on her inability to pay the capitation fees (₹50000) violated her fundamental right. The court linked and held the Right to Education as a pivotal part of the fundamental rights under Article-21 of the Indian Constitution. This has been the outcome of the judicial interpretation, legislative reforms and international commitments. Today, the Right to Education is not only a fundamental right, but also the vital element for ensuring freedom, equality, dignity, empowerment and quality education across the country.

INTERNATIONAL PERSPECTIVES AND RECOGNITION OF EDUCATION :

Education as a human right is also recognized by the Universal Declaration of Human Rights. UDHR, adopted in 1948, demonstrated in Article-26 which states: “Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.” Since then, the right to education as a whole has been widely recognized and developed by the number of international instruments Such as, International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966, through Article 13 – “The states parties to the present covenant recognize the right of education to everyone.” And Convention on the rights of the child (CRC), 1989, Article – 28 and 29, which recognizes and reinforces the right of the child to education, with the view to achieving this right progressively, with equal opportunity and overall child’s personality development. American Convention on human rights, 1969, and African charter on human and people’s rights, 1986, also recognize and respect the Education not only as social right, but also as a law binding right in international law and perspectives.

EDUCATION AS A NON-JUSTICIABLE TO JUSTICIABLE :

The Indian constitution came into force on 26th January, 1950. Article 36-51 of Part IV of the Indian Constitution deals with the Directive Principle of State Policy. Article-41 (Right to work, to education and to public assistance in certain cases), Article-45 (provision for early childhood care and education to children below the age of six years), and Article-46 (promotion of educational, economic interest of scheduled castes, scheduled tribes and other section). But since, DPSP’s are non-justiciable, The Indians struggled for many decades for equal and quality education. The major turning point for constitutional revolution and Education evolution came with Mohini Jain v. state of Karnataka, (1992). The judgment was delivered by KULDEEP SINGH. J, who held “The right to education flow directly from the right to life. The right to life under

article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The state government is under an obligation to make endeavour to provide education, educational facilities at all level to citizens.” The court linked and recognized that Right to life is meaningless without the Right to Education, because without education a person unable to live with dignity. The outcome of the ruling led Education from being Non justiciable to justiciable by recognizing Education as a Fundamental Right and placing it under Article-21A of the Indian constitution, through 86th Constitutional Amendment, 2002.

FOUNDATIONAL BALANCING OF EDUCATION AS A RIGHT & INSTITUTIONS AUTONOMY :

The judgment of Unnikrishnan JP v. State of Andhra Pradesh, (1993), laid the ‘Unnikrishnan Scheme’ which forced the private institutions and colleges to earmark a portion of seats as free or state-controlled, while the rest could be the paid seats. This severely restricted the private Institutions autonomy. The vacuum that was created by the Unnikrishnan case came upward with T.M.A. Pai foundation v. State of Karnataka (2002), when many private and minority running institutions felt that their rights under Article-19(1)(g) (Right to profession) and Article-30(1) (Minority rights to establish and administer the educational institutions of their choices) were being curtailed. The Apex court set up an 11 judge-bench to settle the issue left hanging in Unnikrishnan judgment. The apex court overruled the rigid Unnikrishnan scheme, giving more autonomy to institutions. But there was no clear clarification and workable mechanism of how to conduct admissions and how fees should be regulated to stop profiteering. The Apex court with its five-judge bench in The Islamic Academy of Education v. State of Karnataka (2003), came up to fill those gaps and laid the directions for admissions through common entrance test and Fees by setting up two committees (one to approve the fee structure and the other to oversee admissions process). In this way, the court honored the Right to education as a fundamental right and valued the institutional autonomy, leading to balance between them.

LEGISLATIVE ADVANCEMENT OF EDUCATION :

The legislative outcome of the Apex court judgment in Unnikrishnan JP v. State of Andhra Pradesh laid the foundation stone of the 86th constitutional amendment, 2002. The amendment introduced the Right to Education as a vital part of the fundamental rights and inserted Article 21A that established right to free and compulsory education for all children between 6 to 14 years of age a fundamental right, Amended the Article-45 to focus on early education and childhood care for children below the age of 6 years and Added Article-51A(k)- a fundamental duty of parents/guardians to provide educational opportunities to children aged 6-14 years. Article- 15(4), 15(5), 15(6), 16(4), and 46, etc. These articles provide educational support and guidance to economically and socially backward classes Such as SCs and STs to ensure equal educational opportunities. Another legislative advancement is the Right of Children to Free and Compulsory Education Act, 2009, making education free and compulsory for children between 6-14 years of age group in the neighbourhood till the completion of elementary education, Private unaided schools must reserve 25% of seats for children from disadvantaged groups, and Prohibit capitation fee and Screening procedure. The Another landmark judgment of Apex court after the Mohini Jain and Unnikrishnan case, came in Society for Unaided private Schools of Rajasthan v. Union of India, (2012), that challenged the Constitutional Validity of section- 12(1)(c) of RTE Act, 2009. The court held the 25% reservation constitutional valid and reasonable restrictions on private schools in the development of the fundamental Right to Education under Article-21A. These were some of the early and important legislative reforms and acts that not only held Education as a fundamental right but also the need and demand of the entire nation.

DRAWBACKS OF EDUCATION IN THE DIGITAL ERA :

As mentioned above, Education is the need and demand of the entire nation. But many challenges and problems hinder these needs and demands due to digital divide. India is now in a developing phase, which means India like other developed nations may shall in a couple of years transform into digital country. The main challenge to Education in the digital world is the availability of access, inequality, discrimination on the ground of castes, poor infrastructure, Affordability, lack of trained teachers, language barriers, Privacy concerns, mental and physical problems due to over-screening on monitors, etc. Although, there are many privileges also Such as, Wider access to sources, Global exposure, quick updates and information, connections building, and environment improvements due to less use of paper. But the privileges stand a way back to drawbacks. Post-Covid situation exposed the serious gap between equality and quality education. A report prepared by UNICEF has revealed that COVID-19 pandemic in India and lockdown has impacted 247 million children enrolled in elementary and secondary education, besides 28 million children who were undergoing preschool education in Anganwadi Centre, India has strong and effective legal frameworks like the Right to Education Act, but it must be implemented with the commitment of equal and quality education across the country rather than on the piece of paper. Even when infrastructure is available, issues such as, high costs of data, unreliable electricity, and non-availability of smart-phones, Further complicates the situation. A little neglect to these drawbacks can cause the same effect just as one vote for any particular political party to win. India is a land of opportunities, endless talents, and most importantly a passion to take the country to the top most edge of the success.

CONCLUSION :

The recognition of Right to Education as a fundamental right is nothing less than a historical revolution and achievement. From initially being a Directive Principle of State Policy to being recognized by Article-21A as a Right to Education, it has been evolved into a legally enforceable guarantee. Yet, the promise of this right remains unfulfilled for millions of children due to systemic inequality, and gaps in quality. In India, the child labour (prohibition and regulation) Amendment Act, 2016, which strictly and completely ban employment of children below the 14 years of age. Although there are exception Such as, they are allowed to help in family Enterprises after school hours or during vacation but it must not affect their education. A joint- report by UNICEF & International labour organization shows that the number of children in child labour has risen to 160 million worldwide. According to times of India – 23,530 children were freed from child labour, followed by sexual exploitation (2,766), and begging (1,092). Though, India’s literacy rate up from 74 percent to 80.9 percent (for people aged 7 and above) in 13 years. But still, some students of India suffer to get education as a their fundamental right. A recent Times of India news shows, Delay in RTE admission leave thousands of students out of schools and 2808, Haryana private schools face fine for withholding EWS vacancies under RTE. Today India is the 4th largest economy in the world, but the one with whose skills and talents India stands tall among the top 5 largest economy is not even among the top 50 countries. There are several constituents for this such as, literacy is incomplete, year of schooling are fewer, poor infrastructure in schools and colleges, learning outcomes are weaker, and gender inequality reduces overall averages. Thus, India needs an awareness that addresses these concerns. For India to truly realize the constitutional vision, the state must treat education not as policy choice but as a democratic obligation. With this, Education as a fundamental right shall become a lived reality for every child.

References :

[1] It was delivered by Dr. B.R. Ambedkar at the All-India Depressed Classes Conference held in Nagpur on 20 July, 1942.

[2] Dr. B.R. Ambedkar Speech at the Bombay Legislative Council, 1927.

[3] Mohini Jain v. State of Karnataka (1992) 3 SCC 666 (SC).

[4]Universal Declaration of Human Rights, GA Res 217A (III), UN Doc A/810 (10 December 1948), art 26.

[5] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3, art 13.

[6] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 28 and 29.

[7] Constitution of India 1950, arts 41, 45 and 46.

[8] Mohini Jain v. State of Karnataka (1992) 3 SCC 666, para 12 https://indiankanoon.org/doc/40715/ accessed 17 September 19, 2025.

[9] Unnikrishnan JP v. State of Andhra Pradesh (1993) 1 SCC 645.

[10] TMA Pai Foundation v. State of Karnataka (2002) 8 SCC 481.

[11] Constitution of India, arts 19(1)(g), 30(1).

[12] Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697 (SC).

[13] The Constitution (Eighty- sixth Amendment) Act, 2002, s 2 (inserting Art 21A).

[14] The Right of Children to Free and Compulsory Education Act, 2099, s 3(1), s 12(1)(c), s 13(1), s 13(2).

[15] Society for Unaided Private Schools of Rajasthan v. Union of India (2012) 6 SCC 1.

[16] COVID-19 Lockdown in India Has Impacted Education of Over 247 Million School Children: UNICEF report (NDTV, 24 June 2020)
http://www.ndtv.com/education/covid-19-lockdown-in-india-has-impacted-education-of-over-247-million-school-children-unicef-report-2251232 accessed 18 September 19, 2025.

[17] The Child Labour (Prohibition and Regulation) Amendment Act, 2016, No.35 of 1986 (India) s 3(1)-(2)(a) & (b).

[18] ILO and UNICEF, Child Labour: Global Estimates 2020, Trends and the Road Forward (Joint Report, June 2021)
https://data.unicef.org/resources/child-labour-2020-global-estimates-trends-and-the-road-forward/ accessed 19 September, 2025.

[19] “90% of kids rescued last year were from child labour: Report” Times of India (New Delhi, 23 June 2025)
https://timesofindia.indiatimes.com/india/90-of-kids-rescued-last-year-were-from-child-labour-report/articleshow/122014262.cms accessed 19 September 2025.

[20] ‘India’s literacy rate up from 74 pc to 80.9 pc in 13 years: Dharmendra Pradhan’, Indian express (New Delhi, 10 September 2025)
https://indianexpress.com/article/education/indias-literacy-rate-up-from-74-pc-to-80-9-pc-in-13-years-pradhan-10238771/ accessed 19 September 2025.

[21] “Delay in RTE admissions leaves thousands of children out of schools” Times of India (Jaipur, 12 September 2025)
https://timesofindia.indiatimes.com/city/jaipur/delay-in-rte-admissions-leaves-thousands-of-children-out-of-schools/articleshow/123837547.cms accessed 19 September 2025.

[22] “2,808 Haryana private schools faces fines for withholding EWS vacancies under RTE” Times of India (Chandigarh, 14 September 2025) https://timesofindia.indiatimes.com/city/chandigarh/2808-haryana-private-schools-face-fines-for-withholding-ews-vacancies-under-rte/articleshow/123873449.cms accessed 19 September 2025.