The Right to Education in India

2019 ◽  
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Private Education ◽  
The State ◽  
Legal Empowerment ◽  
Right To Education ◽  
The Poor ◽  
Potential System ◽  
Education In India ◽  
Alternative Means ◽  
Education Act ◽  
The Right

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

RIGHT TO EDUCATION IS A FUNDAMENTAL RIGHT: A ROADMAP

2021 ◽  
pp. 51-53
Author(s):  
Neha Chowdhary
Keyword(s):  
Compulsory Education ◽  
Education Policies ◽  
Human Right ◽  
Right To Education ◽  
Research Article ◽  
Education In India ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Hearts And Minds

Importance of education realised by the whole world after it declared as a fundamental human right by UDHR in 1948 which is the rst international legal instrument to give such recognition and paved the way for many positive changes to attain the goals set by various international organizations like UNESCO and ILO. With the strong efforts of various social reformers and various initiatives of government India has tried to reform its education policies time to time. The 86th amendment Act 2002, which came into effect on 1st April, 2010, has made changes in the Constitution of India by inserting Article 21A, amending Article 45 and by inserting Article 51A(k) and nally the Right to Free and Compulsory Education Act of 2009. With the enactment of the Act of 2009 popularly known as RTE, a strong initiative taken by the government successfully bring hope in hearts and minds of many Indian citizens. Today education is not limited to those having stronger economic background but after the introduction of Right to Free and Compulsory Education Act, 2009 it became the right of every child. In this research article an effort has been made to cover the journey of “education in India” and to see how successfully it can make a difference in many lives to realise them its importance

Right to Development

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Elementary Education ◽  
Law Reform ◽  
Right To Education ◽  
Legal Provisions ◽  
Right To Development ◽  
Education In India ◽  
Education Act ◽  
Barriers And Challenges ◽  
The Right ◽  
Policy And Planning

This chapter is in two parts. Part I deals with Right to Education and Part II deals with Right to Play and Recreation. educational policy and planning in India, key developments that guided the development of school education and literacy plans and plans and programmes in India, the number of out of school children and laws relating to child education in India are analysed. Barriers and challenges to right to elementary education including corporal punishment, child labour is pointed out along with their legal provisions. The salient features of the Right to Education Act, 2009, its implementation, important judgements both national and international, and law reform required are discussed. Part II discusses the right to play as a fundamental right. Law reform relating to right to play and recreation and role of some NGOS working to promote right to education and right to play have been included

Elementary School Education and the Right to Education Act, 2009

2018 ◽  
Vol 67 (2) ◽  
pp. 220-235
Author(s):  
Alka Malvankar
Keyword(s):  
Elementary School ◽  
Elementary Education ◽  
Private Schools ◽  
School Education ◽  
Right To Education ◽  
Disadvantaged Children ◽  
Education In India ◽  
Elementary School Education ◽  
Education Act ◽  
The Right

In India, vide Right to Education Act, 2009, elementary school education has been made a fundamental right of children between the ages of 6 and 14 years. The objective is to achieve the goal of universal elementary education for all. The Right to Education Act, 2009, has also allocated 25 per cent places in private schools for socially disadvantaged children. In the course of assessing the social effect of Right to Education Act, 2009, existing literature has been analysed. Although India has measured great strides in enlisting school enrolment, some problems exist. An attempt has been made to elicit the state of school education in India by analysing the growth of private schools and the facts in state schools. Some suggestions have been made to improve the educational situation in schools in the given social circumstances.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

scholarly journals The Realization of the Right to Education in Slovenia

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 63-79
Author(s):  
Marjan Šimenc ◽  
Zdenko Kodelja
Keyword(s):  
Private Education ◽  
Private Schools ◽  
Right To Education ◽  
General Overview ◽  
Rights Of The Child ◽  
The Republic ◽  
The Right

The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.

The Grievance Redress System under the Right to Education Act

2019 ◽  
pp. 280-329
Author(s):  
Florian Matthey-Prakash
Keyword(s):  
Education System ◽  
Current System ◽  
Right To Education ◽  
Education Act ◽  
Right To Information ◽  
Set Up ◽  
The Right

Chapter 5 examines the conceptual set-up of the grievance redress system created by the Right to Education Act, and analyses studies on its performance. It highlights the deficiencies of the current system, and compares it to other, more effective systems such as grievance redress under the RTI Act. The different institutions that are part of the grievance redress system are either not sufficiently independent or do not have sufficient competences to enforce their ‘judgments’. These deficiencies, as well as additional implementation issues, also translate into a malfunctioning system ‘on the ground’. The chapter also examines other grievance redress systems for different state services (for instance, the ones created by the Right to Information Act), highlighting that some of the deficiencies found in the right to education system are actually not universal.

scholarly journals Violation of children's and adolescents’ rights – the profile of a southern state in Brazil

2020 ◽  
Vol 42 ◽  
pp. e44453
Author(s):  
Mariucha Ramella Marcon Nemer ◽  
Bruna de Souza Nogueira ◽  
Fernanda do Nascimento de Lemos Campos ◽  
Márcia Cristina da Silva ◽  
Morgana Ducatti Alves ◽  
...  
Keyword(s):  
Child Protective Services ◽  
The State ◽  
Childhood And Adolescence ◽  
Protective Services ◽  
Right To Education ◽  
Southern State ◽  
Education Professionals ◽  
Gender And Age ◽  
The Right ◽  
Education Culture

The rights of children and adolescents are provided by law and it is the duty of the State, family and society to care for them. Health and education professionals are responsible for reporting suspected or confirmed cases of rights violation. This study aimed to investigate the prevalence and qualification of violation of children’s and adolescents’ rights in the State of Paraná between 2009 and 2014. A descriptive and observational quantitative study was carried out based on the records of the Child Protective Services in Paraná, accessed through the Information System for Childhood and Adolescence (SIPIA). A total of 129.123 violations of rights were found. Among those cases, the right to familiar and communitarian companionship stands out with the greatest number of violations, followed by the right to education, culture, sports and leisure. Mothers were found to be the main aggressors, followed by fathers, and sexual violence/abuse was the most prevalent type of violence. In conclusion, there was a significant amount of violation of children’s and adolescents’ rights in the State of Paraná during the period covered by this research, and it has increased over the years. Besides, we found out that there is a predisposition of gender and age group for each variable analyzed.

The right to education act (2009): Instructional medium and dis-citizenship

2018 ◽  
Vol 2018 (253) ◽  
pp. 149-168 ◽  
Author(s):  
Usree Bhattacharya ◽  
Lei Jiang
Keyword(s):  
Mother Tongue ◽  
Compulsory Education ◽  
Instructional Medium ◽  
Home Language ◽  
Medium Of Instruction ◽  
Right To Education ◽  
Language Of Instruction ◽  
Marginalized Groups ◽  
Education Act ◽  
The Right

Abstract While the broader ambition of the Indian government’s Right of Children to Free and Compulsory Education (RTE) Act (2009) has been lauded, scholars have expressed reservations with the universal education measure. One area that has not been adequately addressed within these debates is the instructional medium. While RTE (2009) recognizes children who are “disadvantaged” as linguistic minorities, and stipulates that the “medium of instruction shall, as far as practicable, be in child’s mother tongue”, it offers little further direction. India is home to more than 1,652 languages, but only 43 languages function as instructional media. Therefore, the majority of children learn in a tongue that is not their home language, experiencing serious educational disadvantages. How this issue complicates the intent of the RTE (2009) Act remains to be explored. This article examines this gap using the theoretical lens of dis-citizenship, which is conceptualized in terms of exclusions experienced by marginalized groups. Here, we focus on those marginalized by the language of instruction. We investigate questions about language access, inclusion, equity, and rights arising from RTE (2009), within the narrative of India’s complex, hierarchical multilingualism.

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