Which essential rights are guaranteed to Indian citizens by the Indian Constitution? Which of these, and how, helps to ensure that everyone has access to education?
What are various fundamental rights given to citizens in India in the Constitution of India? Which among these facilitates ensuring the right to education and how?
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The Constitution of India guarantees several fundamental rights to its citizens, ensuring that they have certain essential freedoms and protections. These rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution. The fundamental rights play a crucial role in upholding the principles of justice, equality, and liberty. One of the fundamental rights that facilitates ensuring the right to education is the Right to Education (RTE) itself, as specified in Article 21A.
Here are some of the fundamental rights granted to citizens in the Constitution of India:
Right to Equality (Articles 14-18):
This includes the right to equality before the law, equal protection of the laws, and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22):
It includes the right to freedom of speech and expression, the right to assemble peacefully, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to practice any profession, occupation, trade, or business.
Right against Exploitation (Articles 23-24):
This prohibits trafficking in human beings, forced labor, and the employment of children in hazardous occupations.
Right to Freedom of Religion (Articles 25-28):
This includes the freedom of conscience and the right to freely profess, practice, and propagate religion.
Cultural and Educational Rights (Articles 29-30):
These rights protect the rights of minorities to conserve their language, script, and culture. Article 30 specifically deals with the right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies (Article 32):
This empowers citizens to move the Supreme Court for the enforcement of their fundamental rights through writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Among these, the Right to Education (RTE) is a fundamental right that ensures education for children in the age group of 6 to 14 years. Enshrined in Article 21A, the RTE Act was incorporated into the Constitution by the 86th Amendment in 2002 and came into effect in 2010. The specific provision is as follows:
Article 21A – Right to Education:
"State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."
How RTE Facilitates the Right to Education:
Compulsory and Free Education: The RTE Act makes it obligatory for the government to provide free and compulsory education to all children in the specified age group. This ensures that a significant segment of the population has access to education without any financial barriers.
Prohibition of Discrimination: The RTE Act prohibits the denial of admission, and completion of elementary education based on caste, gender, religion, or socio-economic background. It promotes inclusive education by ensuring that children from marginalized communities have equal opportunities.
Quality Education: The Act emphasizes the quality of education by setting specific norms and standards for infrastructure, teacher-student ratios, and learning outcomes. It aims to provide a conducive learning environment that goes beyond mere enrollment numbers.
Private School Inclusion: The RTE Act mandates that private schools reserve a certain percentage of their seats for students from economically weaker sections. This inclusionary approach ensures that children from all backgrounds have access to quality education, even in private institutions.
No Board Examination till Class VIII: The Act prohibits the conduct of board examinations until completion of elementary education (Class VIII). This provision is aimed at reducing stress on students and promoting a more child-friendly and holistic approach to learning.
In conclusion, the Right to Education (RTE) is a fundamental right granted by the Constitution of India under Article 21A. It plays a pivotal role in ensuring that children across the country have access to free and compulsory education, irrespective of socio-economic backgrounds or other discriminatory factors. The RTE Act is a significant step towards achieving the constitutional vision of a just and equitable society through the empowerment of every child with the right to education.