Wednesday, July 27, 2011

Right To Education- A Human Right

Education, is it Important? Of course it is. It is very easy to explain the necessity of education in one’s life. No human beings are able to survive properly without education. By the means of education only one’s potential can be used to maximum extent. Education tells men how to think, how to work properly, how to make decision.  Then why is it difficult for all to gain it. Why the chosen few only have an easy access to education? Human beings around the world live their lives on their own terms and make their own identity and yes it is education which helps in the development of this identity and one’s personality. So this means education is and should be an essential right to be possessed by all. But sadly it is not the case everywhere.


Education and Human Rights whether they be Civil, Political, Social, Economic or Cultural have a direct relation. Even after more than 60 years of independence, the literacy rate in India is still very low. This rate is indeed shameful for a country like India which dreams to be a super power of the world in the 21st Century. The significance of right to education can very well be demonstrated from the fact that it is indeed a basic human right which everyone should be aware of and allowed to enjoy.


People say they did not have an easy access to their right to get educated so how can they even think about sending their own children to schools. Will they be able to do it this time? To this question the answer lies in the Right To Education which has been incorporated in the Constitution of India through 86th Amendment Act in 2009.  It received Presidential assent and was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the Prime Minister. In his speech, Manmohan Singh, Prime Minister of India stated that, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21-A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.


Art 21-A inserted in Fundamental Rights as per 86th Constitutional Amendment states:


“The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.”


The Act promises to ensure education for all children between 6 and 14, a whopping 22 crore children, out of which nearly 1.1 crore are out of school and the act makes it obligatory for the appropriate governments to ensure that every child gets free elementary education. The Act mandates that even private educational institutions have to reserve 25 per cent seats for children from weaker sections. The Finance Commission has provided Rs 25,000 crore to the states for implementation of the Act.


The Act also provides that no child shall be detained, expelled, or required to pass a State Council until the completion of basic education. There is also a provision of children’s right to education for the right to special training for school leavers to make them equal with students of similar age. It prohibits unrecognized schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission. The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age. The Right to Education of persons with disabilities until 18 years of age has also been made a fundamental right. The Act provides for the establishment of the National Commission for Protection of Child Rights, and State Commissions for supervising proper implementation of the act, looking after complaints and protection of Child Rights. It also says that qualification for appointment of teachers is to be laid down by academic authority authorised by Central Government. It prohibits deployment of teachers for non-education purpose, except for decennial census, disaster relief and elections to Parliament, State Legislatures and Local Bodies.


Why the Children's Right to Free and Compulsory Education Act is considered a revolution? It is because in a country like India, education is the only way to development, prosperity and success.  The right to education has been recognised since the Universal Declaration of Human Rights (UDHR) in 1948. Article 26 of the Declaration proclaims that: ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.’ Considering this India as a nation can definitely benefit from this Act provided the people of India are not unaware of it.
For more Deatils about the Right to Education Act please refer to-
2. The Right to Education Act Official Govt. Gazette
For further Information information about the topic, you can please post your Comments or mail us at lawsmadesimple@peacemail.com



No comments:

Post a Comment