Right to Education: A Myth?

 By Siddharth Shankar, National Law University Odisha.

Source: UNICEF India

Education, over time, has become a fundamental human right that works in the upliftment of men and women from poverty, ensuring levelling of inequalities and holistic development of an individual, making him a social animal. The importance of education was realised at a very later stage;  before, it was only available to the privileged few, but once realised, many steps were taken to spread education to the masses. It is directly linked to the well-being of the people and the economy of the nation, making it the foundation of the very nation.

With the onset of the modern era, education was now seen as a fundamental human right, and to realise this goal, The United Nations incorporated in its Universal Declaration of Human Rights (UDHR) of 1948: Article 26, also known as The Right to Education or RTE. Initially, in India, the makers of our constitution placed RTE under Part IV of the Constitution – The Directive Principles of State Policy or DPSP, but it was only in the landmark judgement of the Supreme Court in the case of Unnikrishnan JP vs State of Andhra Pradesh & others that RTE got incorporated under Article 21(A) [Part III- The Fundamental Rights]. It was not until 2009 that the parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, commonly known as the Right to Education Act or the RTE Act, making education free and compulsory for all children in the age group of 6-14 years.   

Education, if not taken up seriously, is even frowned upon by the members of our family. This shows its importance and relevance in this day and age. India is laden with poverty and illiteracy, which makes it difficult for people who cannot afford to secure education for future generations. To counter this effect, the parliament in the year 2009 enacted the RTE Act with the aim of reducing the gap of illiteracy by providing free education to all children in the age group of 6-14 years. It was seen as a very novel initiative though a bit late but indeed in line. It provided, in various ways, opportunities for underprivileged children to educate and gave them a level playing field by providing them with the required quality and quantity of education. The government at the time was aware of the challenges it faced in its education sector, some of them were – shortage of schools, teachers, and quality education, so with the help of public-private partnerships, it set on to decrease the gap and make the most of it. The Act lays down various rules to maintain the quality of education, some of which are discussed below. 

It envisages a specific student-teacher ratio, and the teacher so appointed should be adequately trained and qualified, imparting standard and on-par education. To have separate toilet facilities, maintain hygiene and sanitary conditions in schools, and have adequate drinking water facilities. The Act not only does away with corporal punishment to have a healthy environment that students can study in but also with the screening of students for admissions, ensuring that no discrimination occurs and students are not denied their rights. It also had provisions for training out-of-school children with the flexibility of admitting a child directly in their age-appropriate class on account of them not completing their elementary education or having not been admitted to any school and giving them special training to be on par with others. But one of the most notable moves was the reservation of 25 per cent of the seats in private schools to economically weaker students or socially disadvantaged groups with the aim of boosting social inclusion and paving the way for a more just and equal country.

Things are different on paper and in reality, and often the reality is disappointing. The RTE Act, which was introduced to secure the rights of children and ensure them free education, failed in its purpose. A noteworthy criticism that is laid out is that the Act does not cover children below six years of age, limiting their learning and potential outcomes. Another criticism is that the criteria laid down to supplement documents such as BPL certificates, birth certificates, etc., for admissions withholds many children who cannot furnish these, especially orphans, exempting them from the benefits. A major problem with public schools is the untrained teachers who are unable to give on-par education to the students and inevitably stunt their growth and potential. 

As previously discussed, as to how 25 per cent reservation in schools was a one-of-a-kind initiative to boost social inclusion, it is evident now how it has been misused by well-to-do families by purchasing the reserved seats in schools or even producing fake certificates to claim the benefits of RTE Act. Not only this but also where children who have been able to claim this benefit are prone to be shunned on account of their background. There is also a dire need for proper infrastructure in place to meet the demands of the growing student population, with standard toilets missing in the public schools of India. Above everything else, India today, as of the latest data, only spends about 4.5 per cent of its GDP on education, making achieving the set targets a larger dream which needs to be increased subsequently.

The government must shore up its efforts to ensure that India meets its current demand. Some of the problems discussed above are what is plaguing the education sector and making education a right, a difficulty in itself. These issues need to be addressed to realise the true spirit of the Right to Education. RTE is still in its nascent stage, and it will need a major boost through more expenditure and the participation of a woke public aware of their rights.

Views expressed are the author’s own, 

Law Daily neither endorses nor is responsible for them.