RIGHT TO EDUCATION IS A FUNDAMENTAL RIGHT: A ROADMAP

2021 ◽  
pp. 51-53
Author(s):  
Neha Chowdhary

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

2021 ◽  
Vol 28 (1) ◽  
pp. 33
Author(s):  
Cristiane Machado ◽  
Edson Francisco de Andrade

O presente artigo tem como objetivo analisar as injunções da legislação educacional no movimento de democratização do direito à educação no Brasil. À luz da literatura da área, concebe-se a democracia e a ação colaborativa como fundamentos basilares tanto à garantia de direitos aos cidadãos, quanto à efetivação de incumbências por parte do Poder Público. Aborda-se, inicialmente, o advento da educação básica como nova configuração organizativa das etapas e modalidades de ensino obrigatórias no país. Em seguida, analisa-se os dispositivos legais que modificam, especificamente, o Título III da Lei de Diretrizes e Bases da Educação Nacional – LDBEN, nº 9.394/1996, Do Direito à Educação e Do Dever de Educar. Os resultados do estudo reconhecem a expansão e diversificação da oferta da educação básica como construto favorável à garantia do direito à educação. Foi possível também inferir que a delimitação da obrigatoriedade e da gratuidade do ensino, ao período dos 04 aos 17 anos de idade, conforme consta na letra da lei, ao mesmo tempo em que estabelece o interstício ideal para a efetivação Do Direito à Educação, também oferece margem interpretativa para eventual flexibilização Do Dever de Educar por parte do Poder Público. Com efeito, a defesa da educação como direito humano fundamental, além de demandar o cumprimento da incumbência Estatal, constitui, sobremaneira, corresponsabilidade a ser protagonizada pela sociedade civil organizada.Palavras-chave: LDBEN/1996; Direito à educação; Dever de educar; Democratização do ensinoDEMOCRATIZATION OF THE RIGHT TO BASIC EDUCATION IN BRAZIL: some considerationsAbstractThis article aims to analyze the injunctions of educational legislation in the movement to democratize the right to education in Brazil. In the light of the literature in the area, democracy and collaborative action are conceived as basic foundations both in guaranteeing citizens' rights and in carrying out tasks on the part of the government. Initially, the advent of basic education is approached as a new organizational configuration of the stages and modalities of compulsory education in the country. Then, the legal provisions that specifically modify Title III of the Law of Directives and Bases of Education are analyzed National - LDBEN, nº 9.394 / 1996, From the Right to Education and the Duty to Educate. The results of the study recognize the expansion and diversification of the offer of basic education as a construct favorable to guaranteeing the right to education. It was also possible to infer that the delimitation of mandatory and free education, from 4 to 17 years of age, as stated in the letter of the law, while establishing the ideal interstice for the realization of the Right to Education, also it offers an interpretive margin for eventual flexibility of the Duty to Educate by the Public Power. Indeed, the defense of education as a fundamental human right, in addition to demanding compliance with the State's mandate, is, above all, co-responsibility to be played by organized civil society.Keywords: LDBEN / 1996; Right to education; Duty to educate; Democratization of educationDEMOCRATIZACIÓN DEL DERECHO A LA EDUCACIÓN BÁSICA EN BRASIL: algunas consideracionesResumen Este artículo tiene como objetivo analizar los mandatos de la legislación educativa en el movimiento para democratizar el derecho a la educación en Brasil. A la luz de la literatura en el área, la democracia y la acción colaborativa se conciben como pilares básicos tanto en la garantía de los derechos ciudadanos como en el desempeño de las tareas de gobierno. Inicialmente se aborda el advenimiento de la educación básica como una nueva configuración organizativa de las etapas y modalidades de la educación obligatoria en el país, luego se analizan las disposiciones legales que modifican específicamente el Título III de la Ley de Directrices y Bases de la Educación. Nacional - LDBEN, nº 9.394 / 1996, Del derecho a la educación y el deber de educar. Los resultados del estudio reconocen la expansión y diversificación de la oferta de educación básica como un constructo favorable para garantizar el derecho a la educación. También se pudo inferir que la delimitación de la educación obligatoria y gratuita, de los 4 a los 17 años, como se establece en la letra de la ley, al tiempo que se establece el intersticio ideal para la realización del Derecho a la Educación, también ofrece un margen interpretativo para una eventual flexibilización del Deber de Educar por parte del Poder Público. En efecto, la defensa de la educación como derecho humano fundamental, además de exigir el cumplimiento del mandato del Estado, es, ante todo, una corresponsabilidad de la sociedad civil organizada.Palabras clave: LDBEN / 1996; Derecho a la educación; Deber de educar; Democratización de la educación


Author(s):  
Dr. Nisha Valvi ◽  
Priti Jadhav ◽  
Prof. Sanjeev Sonawane

India celebrated with bliss and joy as it had becomeone of the countries with free and compulsory education in April 2010 when the right of children to free and compulsory education act (2009) became effective through the 86th Amendment in 2002. Even before the enactment of the right to education Act 2009,the dream of universalization of elementary education has been achieved in India with the implementation of Sarva Shiksha Abhiyan (SSA), mid-day meal scheme, and many other schemes in different point of time. The right to education act 2009 is also revolutionary and will bring a revolutionary change in the field of primary education. While Implementing it, all concerns should work hand in hand, correlating the objectives and practice. It has been the responsibility of the government to provide funds, infrastructure, recruit teachers and facilitate everything that is required for the universalization of elementary education.


Author(s):  
Florian Matthey-Prakash

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.


2021 ◽  
Vol 9 (2) ◽  
pp. 31-36
Author(s):  
P M Rejimon ◽  
R Smitha

There are about forty lakh scheduled caste people in Kerala. Most of them are poor and daily wage workers. The socio-economic backwardness of scheduled caste people is a historically determined outcome of a caste system in India. Education is the only way for them to get out of this historical whirlwind of economic deprivation, denial of rights and social exclusion. The Government of India passed The Right to Education Act in 2010 and it ensures “free and compulsory education” for all children aged 6 to 14. The government of Kerala has introduced many innovative programs to provide education for scheduled caste pupils in the state. “Model Residential School” owned and managed by the Scheduled Caste Development Department of The Government of Kerala, is one of such successful initiatives. Model Residential Schools take special care to cater to the educational needs of the underprivileged children and help them to attain quality education. In this article, the investigators explore the role played by the model residential schools in the educational development of scheduled caste pupils in Kerala and particularly in solving the burning issue of a high rate of dropouts among scheduled caste pupils.


2018 ◽  
Vol 2018 (253) ◽  
pp. 149-168 ◽  
Author(s):  
Usree Bhattacharya ◽  
Lei Jiang

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.


2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Pfuurai Chimbunde

While the Land Reform Programme (LRP) in 2000 and beyond was camouflaged as a distributive justice schema aimed to better the socio-economic status of the Indigenous people in Zimbabwe, it precipitated educational injustices for students arising from the creation of an education landscape marked by inequitable access to education. The study, undertaken after 20 years since the inception of the LRP, sought to check the progress made thus far by the Government of Zimbabwe to enhance access to education by children of the new farmers. Informed and guided by the international normative frameworks of the right to education, of which Education For All (EFA) and the Zimbabwean Education Act (1987) are part, the case study cast in the qualitative approach, presents constructed narratives of three primary school learners and their three teachers at one purposively selected satellite school. The study finds that as much as the advent of the LRP worked to bring equal access and redress in land appropriation between the settlers and natives, a new form of injustice has resurfaced as reflected by challenges of equitable access to education.


2019 ◽  
Vol 5 (4) ◽  
pp. 270-276
Author(s):  
JOGINDER SINGH

The Right to education,2009 is a historical right in India with a commitment to provide free and compulsory education to all children up to the age of 14. The Haryana government has notified its rules under the title “Rules for Haryana State under Right of Children to Free and Compulsory Education 2010.”The study is based on mainly secondary data. An attempt has been made to examine the government’s initiative to ensure its effective implementation and also suggest measures for the improvements. The results indicate that The Right of Children to Free and Compulsory Education Act, 2009 seems to have remained on paper more not only in the Haryana but in other states also.


New India ◽  
2020 ◽  
pp. 227-241
Author(s):  
Arvind Panagariya

This chapter considers reforms in a few selected areas. On macroeconomy, the key recommendation is an upward revision of the inflation target. It suggests that when public sector enterprises incur losses and serve no public purpose, the government should sell them if possible and close them if there are no potential buyers. It recommends consolidation of subsidies to farmers and conversion to a single cash transfer via the universal Aadhaar biometric identity. It also suggests scaling down the Food Corporation of India, splitting electricity distribution companies into network and supply businesses and opening entry into the latter, and amending the Right to Education Act to improve learning outcomes.


Author(s):  
Asha Bajpai

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


2017 ◽  
pp. 122-141
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal

This chapter chronicles the evolution of the Right to Education Act. After listing the evolution milestones of the education system from pre-independence era, the chapter identifies two judicial orders in the early 90s, in the cases of Mohini Jain and Unnikrishnan, as the impetus to a move towards RTE. Several NGOs used the opportunity to start a campaign for education as a fundamental right till they formed a broad coalition under the banner of NAFRE in the late 1990s that intensified grass-root campaign for RTE. The campaign and PILs pushed the government to amend the constitution in 2001 to make education after age six a fundamental right. A long legislative journey ensued that led to the enactment in 2009. None of the existing theories fit the entire journey though some stages correspond to different specific frameworks.


Sign in / Sign up

Export Citation Format

Share Document