Education is a powerful mechanism by which people can boost themselves out of poverty. Concentrating further on education is highly advantageous for India as it has the highest estimate of children as correlated to the world unlike nations like china, whose major population is matured.

But the significant concern is that India also has one-third of the world’s illiterate people. The literacy rate in India is developing gradually and steadily. Total literacy increases from 1991 via 2001 was 12.6%, this has decreased to 9.21%.

Taking into the record the literacy level in India, it was the urgency of the hour to take prompt response in the state of education. In the beginning, the right to education was made a primary right by virtue by article 21-a of the constitution of India. Suddenly, after numerous years, the right to education act, 2009 was enacted.

Explanation of the term education

The UNESCO convention in lieu of the discrimination in education has defined education under article 1(2). It stated that every level of education, the path to education, the crux of education and the circumstances under which it is provided. 

International recognition 

The right to education has been acknowledged as a human right by several universal treaties.

The united nations declaration of human rights, 1948 (udhr) has admitted the right to education beneath its article 26, which presents that education shall be open and mandatory at least in the primary grades. It also gives that higher learning shall be made available to every student based on excellence.

Education under the Indian constitution

In India, the right to education was embedded in the constitution of India by the constitution (eighty-sixth amendment) act, 2002. Article 21-a of the constitution of India grants free and mandatory education to all youths among the span group of 6 to 14 years.

Article 21-a states as regards “the state shall implement free and necessary education to all children of the span of six to fourteen years in such mode as the state may, by order, command.”

But before the inclusion of article 21-a under the constitution, the right to education was assigned as a portion of article 21 i.e. Right to life and personal liberty. In the matter of Mohini Jain v. The state of Karnataka, the SC for the initial point announced that the right to education emerges from the right to life and personal liberty that is from article 21 and endured that it is thus a primary right of all.

Apart from being acknowledged as a primary right, it is additionally perceived as a directive principle of state policy beneath the constitution. Article 45 of the constitution talks about free and compulsory education for children. By the value of this article, it is the responsibility of the state that it shall attempt to implement free and mandatory training for all children up to, they achieve a period of 14 years.

Hence, it can be comprehended that education is a fundamental right for youngsters among the ages group 6 to 14 years; but for the children beneath the age of 6 years and beyond 14 years, it has been addressed only a directive principle of state policy. 

Right to education act, 2009

After several years of executing the right to education a fundamental right, a legal law concerning education was established in the year 2009 below which the right to education was also provided statutory recognition. The right of children to free and compulsory education act or right to education act (rte), 2009 evolved into impact on 1st April 2010. 

Section 3 of the act grants that free and mandatory study must be administered to children within the age group of 6 to 14 years of age. Also, the expense of education will be ensured by the state.

Section 8 of the act place out numerous duties of the government about implementing education.

Some of those obligations are to guarantee free and mandatory learning, assuring that child is not distinguished and stopped from pursuing and achieving elementary education, secure the relevant infrastructure of the school building as well as the education standards, provide training to educators, etc.

One of the most essential prerequisites of the act is section 12. Clause (c) of this section executes it necessary for private schools to possess at least 25% seats for the children from disadvantaged societies to furnish free and mandatory education. 

Section 15 and section 17 of the act grants that children cannot be discarded to acquire admission and they cannot be physically or psychologically harassed.

There are several prerequisites enacted by the authority for the well-being of children, some of which can be examined above. There is no suspicion that the act has determined to be a building block in the field of education. This act not only supports an individual but also the nation as a whole as it will eventually assist in economic expansion.

Loopholes in act 

Aside from all these benefits, there are various loopholes in the act and its implementation. These are as follows–

  1. Quality of education – the state of education administered by the government school has continuously been problematic. It is a general understanding, upheld against numerous circumstances, that there is a distinction in the education of private and government institutions. The circumstances that create differences in the essence of education are the kind of teachers, the number of teachers, techniques of teaching, support, etc.
  2. No procurement for children above 14 years of age –the education till the period of 14 years is similar to elementary education i.e. Till 8th standard. It is a factor that education solely until this grade will not be capable to retrieve productive future and productive professions. Consequently, it is a severe concern ‘is it adequate to make education compulsory only till the period of 14 years’?
  3. No provision for children between the age of 0-5 years – according to article 45 (dpsp), the state shall attempt to implement education for all children till the period of 14 years that involve the children within the age of 0-5 years. But directive principles of state policy are non-justifiable, so the implementation cannot be challenged. 

If a child is not granted decent learning and education at their young age, how is it feasible for that child to proceed with his additional studies accurately? And this is the principal cause behind the weak stand and understanding capabilities of a child, particularly in state schools. 

  1. No provision for children with special needs –it is very disturbing to observe that the lawmakers have not attached any preparations for the education of children with specialized requirements. The main obstacle is with the children undergoing dyslexia or autism where specialized instructors and special education programs are required. This situation in the end improves distinction in the community.
  2. Admission in the private schools beneath 25% ews reservation –getting admission or get any child granted to a private school beneath ews quota is in itself a very challenging task. Firstly, because the schools are not cooperating with the parents and children, they do not want these children to take access to their building. Secondly, the schools necessitate numerous certificates such as earnings statements, caste records, birth certifications, etc. As practically all the parents of these children are not literate and it is extremely difficult for them to acknowledge and accomplish these documentations. The schools require certificate but the act grants for the admission of such children without any certification.

Status of higher education in India 

The higher education in India is been rendered by five associations of establishments central, state, private, deemed university and institutions of national importance. The identification of these colleges is provided by university grant commission (ugc). All these colleges are permitted to entitle degrees. In India education appears under federal lists which indicates the liability shall be administered by the central government and state government. In India status of higher education is not at all satisfying as there are thousands of students who qualify 12th class each year but remain failed to endeavour access in universities. Because the merit listing of colleges is too high.

Notwithstanding, the private colleges which do not rely on percentage have very expensive fee structure which is very challenging for a middle-class family to manage. Also, there are very rare notable colleges that are commonly established in metropolitan cities. Students from all over India proceed to take the entrance to these colleges which increases the competition. Despite only these notable colleges confirm placement. Moreover, students may necessitate an education loan to proceed with their higher education, the interest charge covering these loans are extremely low. The loan may generate stress which influences their education.


From the foregoing analysis concerning the right to education, it is crystal explicit that the laws and regulations have arranged excellent work in the field of education. In a real-life situation, we understand that all these prerequisites are on documents solely and when it proceeds to the implementation of the equivalent prerequisites there is a tremendous mass of difficulties. Though the act can also be altered to add more relevant procurements for the well-being of children in the department of education; but before altering the laws or attaching more prerequisites, the field of implementation must be established. There will be no practice of rights on documents that do endure in actuality. As various children are wandering on the street who can never possess the comfort of education. 

Author: Varun Vikas Srivastav,
Amity Law School, Amity University Noida and 4th Year BBA.LLB

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