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Transformative Force: Safeguarding Human Rights Through Education in India

This legal article explores the fundamental relationship that governs human rights and education, emphasizing the significance of education as a transformative force for the holistic development and well-being of children. It strongly delves into various international instruments that safeguard human rights, particularly focusing on Article 26 of the Universal Declaration of Human Rights and the 4As of the United Nations.

Moreover, it examines the Right to Education Act in India, along with the state of education in the country, existing schemes, and the violation of the right to education. One of the prime challenges highlighted is the lack of a uniform definition of the child, which creates ambiguity and gaps in protecting the rights of children within the education system. To address this issue, the article suggests the necessity of amendments in constitutional and legislative provisions to provide a comprehensive framework that safeguards the rights of children throughout their educational journey.

Furthermore, this article sheds light on the crucial role played by the Indian judiciary in interpreting and enforcing laws related to the right to education. It analyses landmark judgments that have influenced the educational landscape in India, reinforcing the importance of the judiciary's active involvement in securing and promoting human rights in the field of education. The conclusion emphasizes the imperative for a robust legal framework that guarantees equal access to quality education for all children, regardless of their socio-economic background or any other discriminatory factors.

It underscores the need for collaborative efforts among policymakers, educational institutions, civil society organizations, and the judiciary to ensure the effective implementation of laws and policies that protect and promote the right to education. This legal article critically examines the intricate interplay between human rights and education, highlighting the challenges and gaps that exist in the Indian context.

Human rights hold an inherent significance in the lives of every individual, irrespective of their nationality, ethnicity, color, religion, language, etc. These rights are an integral part of a person's existence right from birth and, as such, are inviolable and cannot be relinquished, even by the individual. The bedrock principles of liberty, equity, and global harmony rest upon the foundational structure laid down by human rights.

The Universal Declaration on Human Rights, established in 1948, has garnered formal recognition from the majority of member nations, while subsequent treaties adopted by various states serve to reiterate and legally safeguard these rights. International human rights law outlines the obligatory duties of states in upholding, safeguarding, and fulfilling human rights, transcending the bounds of political, economic, and cultural systems. The Vienna Declaration and Programme of Action of 1993, in paragraph (5), accentuates the universality, indivisibility, interdependence, and interconnectedness of human rights, underscoring that these rights are applicable to all individuals.

Several International instruments have comprehensively defined and sought to safeguard human rights, including:
  1. The Universal Declaration of Human Rights (UDHR)- officially adopted by the United Nations General Assembly in 1948, explicitly asserts in Article 26 the entitlement of every individual to the right to education.[1]
  2. International Covenant on Economic, Social, and Cultural Rights (ICESCR)- adopted in 1966, places notable emphasis on safeguarding economic, social, and cultural rights, encompassing pivotal aspects such as the right to work, the right to education, the right to health, and the right to an adequate standard of living.
  3. Convention on the Rights of the Child (CRC)- recognizes in Article 28 the right of every child to education. It underscores the importance of compulsory primary education for all children and the accessibility of secondary education.
  4. UNESCO Convention against Discrimination in Education (CADE)- established in 1960, reaffirms education as a fundamental right rather than a mere privilege. It emphasizes the obligation of states to ensure free and compulsory education, prohibit any discriminatory practices, and promote enhanced educational opportunities at all levels.

Article 26 has been a subject of significant debate as it outlines three specific educational objectives that should be pursued:
  1. Fostering the holistic development of individuals and cultivating a deep regard for human rights and fundamental freedoms.
  2. Fostering reciprocal comprehension, tolerance, and harmonious relations between nations and diverse racial or religious communities.
  3. Advancing the work of the United Nations in promoting peace and peaceful endeavors.
The aforementioned fundamental right holds significant benefits for both individuals and society, playing a crucial role in shaping human, social, and economic progress. It stands as a vital component in the pursuit of peace and sustainable development. Acknowledged as a potent instrument, it facilitates the realization of an individual's full potential and upholds the fundamental principles of human dignity.

Katarina Tomasevski, the inaugural UN Special Rapporteur on the right to education, introduced the 4As framework, encompassing four distinct dimensions. These dimensions, officially recognized and incorporated by the Committee on Economic, Social, and Cultural Rights in its General Comment 13 of 1999 (in paragraph 6), are instrumental in understanding and safeguarding the right to education.

Available - Education is accessible to all individuals without any cost involved. Sufficient improvements in infrastructure and the presence of trained professionals, including teachers, ensure the delivery of quality educational services.

Accessible - The education system ensures equal access for all without discrimination. Teachers possess the necessary qualifications to support effective education delivery.

Acceptable - The substance of the educational system aligns with cultural propriety, is devoid of discrimination, and maintains exemplary standards. Educational institutions ensure a secure milieu for both educators and learners.

Adaptable - Education is a dynamic concept that evolves to address societal needs and address inequalities such as gender discrimination. The educational sphere adjusts to cater to specific contexts and requirements.

Education is widely recognized as a valuable resource, encompassing various social, economic, and cultural human rights. It serves as a long-term strategy that addresses the needs of future generations. This multifaceted social tool places a strong emphasis on achieving balanced human development, benefiting all segments of society. In this paper, I aim to discuss the important aspects of the Right to Education Act in India, analyzing its relevant provisions, violations, and its impact on human development.

Education as an Instrument for the Development and Well-Being of Children
The acquisition of literacy skills is a fundamental aspect of human capability, as demonstrated by the experiences of various nations worldwide. These experiences consistently highlight the significant role of education in the progress of a nation, as well as in the well-being of individuals and society as a whole. Education serves as the initial stepping stone in acquiring additional learning tools.

Furthermore, it provides individuals with the knowledge and ability to put forth informal decisions, empowers individuals to resist oppressive acts, and enables them to assert their guaranteed rights.[1] This valuable nature of education has prompted policymakers to accord it a high priority, recognizing it as a substantial investment in human capital.

In the evaluation of progress, the evaluation of literacy and educational achievements consistently arises as pivotal benchmarks. It is noteworthy that the education of women is acknowledged as a gateway to enhancing the overall well-being of both the child and the family, while also empowering the woman to fulfill her aspirations.

A higher level of education for women significantly increases the likelihood of a child's survival and access to and continuation of schooling. Elementary education holds immense importance as it establishes the groundwork for secondary and higher education, which is crucial in today's rapidly evolving technology-driven society.

The government has taken significant steps to establish the right to education as a fundamental right. However, upon critically reviewing the educational landscape in the country, it becomes apparent that while some progress has been made toward achieving universal elementary education since independence, there is still a considerable distance to cover before this goal is fully realized.

Encouragingly, there has been a consistently higher growth rate of girls' enrollment at both primary and middle stages, leading to a reduction in the gender gap. Nevertheless, the dropout rate remains alarmingly high, with school-related issues and factors related to family and home being the main causes.

While there have been some improvements in the physical infrastructure of schools, deficiencies persist, predominantly in rural areas where inadequate structural construction and poor maintenance have led to the rapid deterioration of existing structures. Lack of space is a prevalent issue, often resulting in multiple classes being held in the same room or outdoors, which is not conducive to effective learning.

Furthermore, access to clean drinking water and proper toilet facilities, especially for girls, remains inadequate. The frequent use of teaching aids and traditional methods in schools continues to be unsatisfactory and fails to benefit the majority of the children. As a direct consequence results in inadequate physical infrastructural modifications and a shortage of teachers. Continuous assessments are lacking, teacher motivation is low, and teaching supervision is minimal.

Consequently, several malpractices have emerged, and many rural communities hold negative views about the commitment of school teachers, expressing concerns about their children's unfair treatment due to teacher indifference, absenteeism, and the poor functioning of schools.

Despite the State's theoretical objective of offering equal opportunities through highly subsidized education, the detrimental impact of its poor quality disproportionately affects the life prospects of socially and economically disadvantaged segments of society. This situation has the potential to widen the gap between the privileged and the underprivileged. Therefore, the Government, in collaboration with other stakeholders, must actively prioritize and tackle issues related to access and quality in education.

The Right to Education Act, India

The Bill titled "The Right of Children to Free and Compulsory Education," presented in 2008, duly secured passage through both Chambers of Parliament in 2009 and subsequently obtained the President's countersignature in August of that same year.

The 86th Constitutional Amendment Act, specifically Article 21-A, led to the immediate enforcement of the Right to Education Act in 2010.[1] This event marked a historic moment for children across the country, as the Act became a foundational element in ensuring their access to quality education. The Act establishes a collaborative effort between families, communities, and the State to fulfill the obligation of providing elementary education to every child. Numerous countries have also implemented national provisions to create a child-friendly learning environment that promotes effective and accelerated learning.

According to the Right to Education Act, all school-going children who are between the age group of 6 to 14 years are entitled to free and compulsory education. Government schools are responsible for ensuring that no child is deprived of this right, and School Management Committees oversee the management of these schools. Private schools are obligated to admit at least 25% of students without charging any fees, with the state taking measures to enforce this provision. Additionally, the establishment of a statutory body like the National Commission for Elementary Education is necessary to oversee all aspects of elementary education.

In the year 2009, the enactment known as the Right of Children to Free and Compulsory Education Act underwent a notable amendment with the introduction of the Right of Children to Free and Compulsory Education (Amendment) Act in 2017. This amendment incorporated a fresh provision in sub-section (2) of section 23 of the principal act, focusing on the criteria for teacher appointments and the stipulations concerning their service.

Right to Education: Present Position in India
  1. Sarva Shiksha Abhiyan
    The scheme was initiated in 2001 with the following key objectives:
    1. Ensuring that all children aged 6-14 complete the comprehensive five years of primary education by 2007.
    2. Ensuring that every child completes the minimum threshold of eight years of schooling by 2010.
    3. Addressing existing gender and social disparities in the field of education.
    4. Giving special attention to elementary education and striving for satisfactory quality, emphasizing education for life.
    5. Aimed to achieve universal retention by 2010.
    The main features of the scheme include:
    1. The scheme places a particular emphasis on girls, especially those from Scheduled Castes/Tribes (SC/ST) communities and minority groups.
    2. Implement arrangements such as back-to-school camps to bring out-of-school girls back into the education system.
    3. Provide free textbooks to girls.
    4. Ensure specific measures cater to the needs of girls, such as special coaching classes or additional remedial classes, and create a supportive learning environment.
    5. Conduct teacher sensitization programs to promote equal learning opportunities.
    6. Give importance to innovative projects that enhance resources for girls' education.
    7. Recruit a minimum of 50 percent female teachers annually.
  2. Mid-Day Meal Scheme
    In the year 1995, the National Programme of Nutritional Support to Primary Education (NPNSPE), colloquially referred to as the Mid-Day Meal Scheme was officially inaugurated with the primary objective of promoting universal primary education. The scheme aimed to increase overall school attendance, enrolment, and retention by enhancing the nutritional status of children, particularly adolescent boys and girls attending government schools in India.

    By December 2004, it was estimated that approximately 10.88 crore children would be covered under the proposed program. By that time, freshly cooked meals were successfully introduced and served in 20 states and all 7 union territories. Among these states, 8 had partially implemented the program with effective execution strategies. Efforts were made to achieve the universalization of the Mid-Day Meal (MDM) program.
  3. District Primary Education Programme
    The aforementioned initiative has been recognized as the District Primary Education Programme, designated as a Centrally-Sponsored Scheme since 1994. This program has been deemed a significant undertaking aimed at revitalizing the primary education landscape and fostering a stable educational system. Its primary objectives include the advancement of universal access to primary-level education and the enhancement of classroom practices.
  4. Special Programmes for Achieving Girl's Education
    In recent years, both the Central as well as the State governments have made judicious efforts to recognize the importance of prioritizing the establishment of elementary educational standards. Simultaneously, efforts have been made to ensure girls' education and achieve full enrollment of girls by 2020. Previously, statistical data indicated high dropout rates in class VIII, such as 82% in Bihar, 83% in Meghalaya, and 80% in Rajasthan. There is a saying that educating a boy educates an individual, whereas educating a girl educates multiple generations.

    In parallel lines, Amendments 73 and 74 of the Indian Constitution grant special powers to local bodies, including the Panchayati Raj, which explicitly states that one-third of seats in local government bodies should be reserved for women. In recent years, it has been estimated that the percentage of girls in standards 6-8 has reached 25% in Rajasthan, 29% in Bihar, 34% in Madhya Pradesh, and 31% in Uttar Pradesh.
  5. The National Scholarship Portal (NSP)
    Is an online based platform introduced by the Indian government to simplify and centralize the inherent process of availing scholarships provided by the various central government departments and ministries. It serves as a comprehensive destination for students to explore scholarships, contingent upon their eligibility and academic qualifications. The NSP actively promotes inclusivity by extending financial support to students from diverse socio-economic backgrounds and underrepresented communities.

    By streamlining the application process, ensuring transparency, and facilitating prompt disbursement of scholarship funds directly to beneficiaries' designated bank accounts, the NSP effectively reduces administrative burdens and encourages equal accessibility to education for all. Its efficacy in fostering accessibility and efficiency further reinforces the commitment to building a more equitable and supportive educational system in India.
  6. Beti Bachao, Beti Padhao (BBBP)
    Initiated by the Indian government in 2015, holds a significant purpose in addressing the decline in the child sex ratio and promoting the education of girls. The program is primarily oriented towards raising awareness concerning the significance of the girl child and counteracting societal biases and discrimination that contribute to gender-biased practices, such as female foeticide and premature marriages.
BBBP adopts a comprehensive approach involving community mobilization, media campaigns, and targeted advocacy efforts. The scheme actively encourages collaboration among diverse stakeholders, including governmental bodies, civil society organizations, and educational institutions. Beyond its societal and cultural influence, the program offers practical support to augment girls' education. It entails provisions for financial incentives and scholarships, aiming to motivate families to enroll their daughters in schools.

Violation of the Right to Education Act
The right to education is regarded as a fundamental entitlement applicable to all students without discrimination. The state is obligated by law to protect, uphold, and fulfill the right to equal access to education for all members of society. Existing accountability mechanisms hold the state accountable for violations or denials of the right to education.

The Right to Education (RTE) Act focuses primarily on "inputs," such as infrastructure, as opposed to the results. This legislation has fostered a conflict between public and private institutions. The Act requires private schools to admit at least 25 percent of Class I pupils from socially and economically disadvantaged groups. Nevertheless, the reimbursement procedure associated with this provision has generated many obstacles and complications.

In its review of the School Education Department of the Tamil Nadu state government, the Controller and Auditor General (CAG) of India examined the overall implementation of the RTE Act during 2013-14.

Section 2(h) of the RTE Act defines "local authority" including Municipal Corporations, Zilla Parishads, Nagar Panchayats, and Panchayats. In addition, it encompasses other authority or body that sustains administrative control over the near institutions.

Section 9 of the RTE Act outlines the responsibilities designated to each local authority as follows:
  1. Ensuring that all children residing within its jurisdiction receive a free and mandatory elementary education.
  2. Establishing and maintaining a well-organized recordkeeping system for minors up to 14 years of age following the regulations.
  3. Guaranteeing and monitoring every child's admission, attendance, and successful completion of elementary school.
  4. Overseeing the operation and performance of institutions within its jurisdiction.

According to Section 32 of the Act, the local authority must perform the function of grievance redress, and it is the responsibility of the Government of Tamil Nadu to identify and notify the local authority. A comprehensive investigation revealed that in February 2012, the Central Government instructed the state government to notify the "local authority" at the respective village, block, and district levels for the next two years.

467 schools with 4,307 admission seats intended for children from weaker sectors or disadvantaged groups failed to comply with the act's 25% reservation provision, out of a total of 1004 unaided, non-minority nursery and primary schools in four districts that were tested. In addition, the audit revealed a 759-seat admissions deficit in the remaining 537 schools that offered admissions following the 25 percent reservation provision. 334 schools with 4,998 admissions seats out of 862 matriculation schools in 4 test-checked districts did not admit students from inferior sections or disadvantaged groups. The audit revealed a shortage of 3,394 seats in the remaining 528 institution.

Need for a Uniform Definition of the Child
Over all these years the legal framework comprising the Constitution of India coupled with other laws that have been sporadically enacted owing to the needs of arising circumstances. The legal provisions contain some unique features and extensive protections aiming for the betterment and well-being of children. Nonetheless, there are existing laws in which the stipulated age is inconsistent with the CRC, ratified by the United States in 1992. In addition to this, the age of the child is defined variably under various legal statutory provisions. These varying age restrictions under different laws have created a dilemma.

This position results due to the fact whether a given individual is a minor or not, that largely is dependent on the law that gets invoked under such circumstances. Moreover, when laws conflict with one another due to varying definitions, determining the 'best interests of the child' is a difficult endeavor. By establishing a consistent standard 'age of majority', it is imperative that the definition of the term 'child' be brought into conformity with the CRC, i.e., "below 18 years of age" by establishing a uniform 'age of majority'.[1]

Requirement for amendments in other constitutional and legislative provisions on minors
A priori, the 86th Amendment to the Constitution, which was primarily focused on the RTE for the prescribed 6-14 age group, has resulted in the inclusion of an additional clause to Article 51A that makes it mandatory to impose a fundamental duty on parents and guardians to provide their children with basic levels of education and practical opportunities. The amendment has generated contention and criticism from all segments of the nation.

They argue that the state is abdicating its responsibility to provide a free and mandatory quality education that is both socially and physically accessible and appropriate. In practice, it has penal provisions that provide for punishment to parents unfit for taking care of their minor children. They have to face the harsh consequences for failing to send their children to educational institutions, otherwise their fundamental rights.

Despite the circumstances being out of their control, the law has mandated to punish such behaviors classified as 'irresponsible.' Among all other factors, it is the lack of quality, appropriate and accessible levels of education that has resulted in frequent drop-out rates among children attending school.

Poverty and the need for older children to care for their younger siblings are additional causes. In the absence of a well-developed plan to alleviate destitution and the lack of alternative childcare facilities for children who were purposefully left out of the amendment, the government must reconsider its position.

The Indian Judiciary
The Indian judiciary has acknowledged the right to education as an important human right in several significant cases. In the following significant cases, the Indian judicial system has declared education a fundamental right:
  1. In Unni Krishnan v. State of Andhra Pradesh (1993): the Indian Supreme Court ruled that Article 21 of the Indian Constitution defines education as a fundamental right.
  2. In Mohini Jain v. State of Karnataka (1992): the Supreme Court ruled that the right to education is a fundamental right and that public and private educational institutions cannot deny admission to students based solely on their inability to pay tuition.
  3. Rajasthan's Unaided Private Schools v. the Union of India (2012): the Supreme Court established that every child aged 6 to 14 possesses an inherent need for education, and the state must accordingly ensure that education is both freely accessible and compulsory for all children within this age bracket.
  4. State of Tamil Nadu (2011): According to a ruling by the Madras High Court, Article 21A of the Indian constitution recognizes the right to education as being supremely fundamental. Consequently, the state government received a directive to offer cost-free education to economically underprivileged children within the society, as mandated by this constitutional provision.

India's judiciary has not explicitly classified it as a "human right" in the same way that international human rights instruments do. In India, however, the right to education has been regarded as a significant sub-set of the larger human rights framework. In many notable cases, the Indian judiciary has emphasized the significance of education as a fundamental right.
  1. Individual Empowerment and Protection of Dignity - the right to education is considered supreme and exerts paramount importance. It empowers individuals and helps protect their inherent dignity. Education imparts individuals with knowledge, skills, and the ability to think critically, enabling them to participate actively in society, make informed decisions, and exercise their rights effectively. Education empowers individuals to live meaningful lives and make significant contributions to their communities by fostering intellectual development and self-assurance.
  2. Education as a Fundamental Human Right Advances Equality and Combats Discrimination - all individuals must be granted equitable access to a high-quality, standardized education, without any form of discrimination based on gender, socioeconomic status, caste, religion, or disability. Education breaks down barriers, bridges gaps, and fosters social cohesion by fostering tolerance, respect for diversity, and understanding. It contributes to the formation of a society in which individuals are evaluated based on their abilities and character rather than their birth circumstances.
  3. Education is a Driving Force for Socioeconomic Development - Individuals with a higher level of education have a greater chance of procuring decent employment, generating a sufficient income, and breaking the cycle of poverty. A quality education equips individuals with the skills necessary to adapt to a world that is swiftly changing and to contribute to the expansion of their communities. It increases productivity, encourages innovation, and facilitates economic stability, ultimately resulting in societal development as a whole.
  4. Education and Health are Intrinsically Intertwined - The right to education empowers individuals to make well-informed decisions regarding their health, resulting in enhanced health outcomes and well-being. Education increases awareness of preventive healthcare, hygiene, and reproductive rights, resulting in healthier, more resilient communities. In addition, education equips individuals with the knowledge necessary to comprehend and address pressing public health issues, such as pandemics and the transmission of disease.
  5. The Right to Education Catalyzes the Achievement of Other Fundamental Rights - Education fosters an environment in which people are aware of their rights, can exercise them, and hold those in authority accountable. It reinforces democratic values and encourages engaged citizenship. In addition, education promotes the growth of critical thinking, which is essential for the preservation and preferment of existing human rights, including the right to freedom of speech, expression, and assembly.
To effectively actualize the full potential of education as a fundamental human right, it is authoritative to embrace a thorough and all-encompassing approach that takes into account the heterogeneous requirements and ambitions of individuals and communities. This includes promoting inclusive education for children with disabilities, addressing the gender gap in education, and recognizing the role of education in promoting sustainable development and global citizenship.

By recognizing education as a human right, we pave ahead the way for a more equitable and just society that continues to motivate individuals. It is through education that we can break the cycle of poverty, empower individuals, and build inclusive and sustainable societies.

Therefore, governments, policymakers, and stakeholders at all levels must work collaboratively to uphold and promote the right to education for all, ensuring that no one is left behind. Only through such concerted efforts can we realize the full potential of education as a transformative force for human rights, social progress, and global well-being."

Hence, the explicit recognition of education as an independent human right may be absent in Indian legislation, but its significance and influence remain undeniable. Education plays a pivotal role in empowering individuals, advancing equality, driving socioeconomic progress, improving health outcomes, and realizing other fundamental rights. By acknowledging the intrinsic connection between education and human rights, we can strive to build inclusive societies that ensure equal access to quality education for each child. By recognizing and upholding this right, we lay the foundation for a brighter and more prosperous future, not only for individuals but for all of humanity.

From a detailed legal perspective, it is firmly established that every individual possesses an inherent entitlement to education. Within this framework, it is imperative to ensure that access to this essential resource is provided freely, particularly during the elementary and foundational stages. In the context of globalization, the significance of education as a valuable resource becomes more apparent. A nation's status is not solely determined by its global economic position but also by its ability to ensure high-quality education.

Over the past few decades, India has demonstrated a progressive approach, particularly in terms of promoting equitable access to education. Education stands out as a crucial resource that contributes to the inclusive growth of the economy, empowers individuals and society, generates new employment opportunities, and fosters genuine public participation in the overall development process. In practical terms, it is a key driver of both social transformation and economic prosperity.

The crucial question at hand is the extent of education required in India and the primary objective to be achieved. It is widely accepted that universal access to high-quality basic education is imperative, necessitating the development of a robust framework to ensure that children can attain their primary education levels. India has outlined its agenda for transforming and restructuring education within the country's parameters.

While the judiciary has affirmed this right as the most imperative right, the responsibility for its effective implementation primarily lies with the state. Simply put, the government holds the ultimate responsibility to ensure that individuals can access primary education without any financial burden, regardless of their social class or gender.

According to UNESCO's mandate, one of the characteristic specialties of education is that it is one of the most essential fundamental human rights that was explicitly recognized in the year 1948 by the Universal Declaration of Human Rights and other human rights instruments operating at the International level.

The international community has duly acknowledged the significance of both the Education 2030 Agenda and Sustainable Development Goal 4 (SDG4), wherein a robust emphasis is placed on the domain of education.

Education itself has become an essential asset, offering significant benefits to children, including those who are economically and socially marginalized. This basic human right would be particularly dealt with to raise men and women out of poverty levels, level down inequalities prevalent in society and help ensure sustainable development. It empowers individuals to break free from the cycle of extreme poverty and actively participate in society.

  • NHRC meet: Need uniform civil code, single definition of 'child,' The Hindu, Aug. 14, 2016, (last visited Jul 27, 2023).
  • Right to Education | Ministry of Education, GoI, (last visited Jul 27, 2023).
  • Overview, World Bank, (last visited Jul 27, 2023).
  • United Nations, Universal Declaration of Human Rights, United Nations, (last visited Aug 3, 2023).

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