Understanding Education As A Human Right In The Context Of Right Of Children To Free And Compulsory Education Act, 2009

Abstract

Role of education, is most important for the human beings, the social system, the countries and the world as a whole, as level of education creates rationality, a sense of responsibility, a collective sense of existence and wisdom transcending to equality, justice and peace for everyone. Education helps promote intellectual, social and moral democracy by laying the foundation of the excellent citizenry to be able to secure for them Justice, Liberty, and Equality and promote fraternity with secular values as also enshrined in the Preamble of the Indian Constitution. Our constitution has clear Directive principles which talked about ‘free’ and ‘compulsory’ education to be endeavored to be provided to all children up to 14 years of age in ten years from the date of the Constitution coming in force. On the other hand, the Human rights are very crucial for the whole human mass for the required social order and governance, and therefore, necessary awareness about these rights and related duties and obligation thereof, are needed to be able to enjoy those in a proper and effective manner by one and all. This essentially, presupposes certain level and standard of education for appropriately understanding, using, enjoying and also to ordain self to related duties and obligations towards others attached with or incidental to their rights. All the rights primarily emanate from the Human rights to acquire the nature and the characteristics of either a Basic right or the Fundamental right or some special right. Interestingly, it was the judiciary, which could deduce how our fundamental rights are interdependent and even could appreciate that certain fundamental rights have no meaning without the education and that how a very long period of forty four years has transformed a right towards education, which could not have been justified otherwise, into a right which can now be even enforced. With such judicial pronouncements, ultimately 86 th Amendment Act, 2002, Article 21A was inserted in the Indian Constitution, in Chapter III, with its main aim to provide free and compulsory education to all children between the ages of 6-14 years as a matter of right. To effectively implement this fundamental right, the Right of Children to Free and Compulsory Education (RTE) Act, 2009 had got to be developed and passed, which took the responsibility for ensuring that the law is strictly enforced and the children get their right to be educated. “The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance and completion on the Government, whereas it is the parents’ responsibility to send the children to schools in the US and other countries”.