scholarly journals Policymaking with Sen and Ambedkar - Case of Right to Education in India

Author(s):  
Mamta Viswanath

Sen and Ambedkar represent different times in history, but they essentially want to tackle the same problems of political economy. On one hand, Ambedkar asserted that a social and economic reform must precede political reform in British India struggling to throw the yoke of colonial rule, on the other hand, in modern India, Sen enunciates how capacity building and capabilities approach to policy making can go a long way in strengthening democracy. As concerted policies in education have failed to deliver owing to the feudal mindset and incremental planning, it is time we look at issues of social justice, especially education, objectively. This paper examines the possible ways in which the thoughts and theories of these stalwarts can shape better public policies. To this end, a comparative study of themes like justice and democracy will be undertaken. Lastly, the paper analyses whether the Right to Education in India is a just policy when looked through the discerning eyes of Sen and Ambedkar.

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.


2015 ◽  
Vol 37 (4) ◽  
pp. 1046-1070 ◽  
Author(s):  
Orla Kelly ◽  
Jacqueline Bhabha ◽  
Aditi Krishna

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


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


2018 ◽  
Vol 22 (2) ◽  
Author(s):  
Nisha Thapliyal

Social movements for public education challenge neoliberal claims that there is no alternative to the market—to the inevitability of the privatisation of education. This article analyses the ways in which education activists in India deploy critical histories in their struggles for a public and common school system. It is empirically grounded in a critical analysis of a 2016 activist documentary film called We Shall Fight, We Shall Win. The film was produced by a grassroots activist coalition called the All India Forum for the Right to Education (AIFRTE) as part of their ongoing struggles against the commercialisation and communalisation of education. The film provides a rare opportunity to explore different kinds of historical knowledge produced in collective struggles for equity and social justice in India. In particular, this analysis examines the ways in which activists link the past and the present to challenge and decentre privatised narratives of education and development. In doing so, this research offers situated insights into the critical histories that inspire, sustain and co-construct one site of ongoing collective struggle for public education in India.


2011 ◽  
Vol 9 (3) ◽  
pp. 283-298 ◽  
Author(s):  
Tristan McCowan

While commitment to a universal entitlement to education is highly desirable, some significant limitations have been identified in the right to education as currently expressed and implemented. This article assesses the contribution that the capabilities approach can make in this regard. While some proponents have suggested that capabilities should replace a rights framework, it is argued here that the elements of ‘threshold’ and ‘duty-bearer’ present in human rights are essential, and that a more promising approach is to combine the two frameworks. Three significant contributions that the capabilities approach can make in relation to Education for All are proposed: providing a fuller conception of the realization of the right to education; addressing the heterogeneity of learners; and guarding against an overly state-facing approach.


2021 ◽  
Vol 9 (2) ◽  
pp. 299-301
Author(s):  
Rashmi Gopi

Florian Matthey-Prakash, The Right to Education in India: The Importance of Enforceability of a Fundamental Right (Delhi: Oxford University Press, 2019), 446 pp. ₹1,495.


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