Right To Education In India?

17.03.2023 Grady A. Lowry 0 Comments

Overview – The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

Last Updated by Admin on Wednesday, July 14, 2021
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Contents

0.1 What is the right of education in India?
0.2 When did education become a right in India?
0.3 What is the importance of right to education in India?
- 0.3.1 Who introduced right to education in India?
- 0.3.2 How successful is the right to education in India?
0.4 What is our rights to education?

1 What are fundamental rights of India?
2 Who changed Indian education system?
- 2.1 Is there equality in education in India?
- 2.2 Does India have good access to education?
3 Do India has an effective education system?
- 3.1 Is education a right or a privilege?
  - 3.1.1 Is right to education a human right?
4 Is education a right or a need?
5 Why is education a right?
6 What are India’s children’s rights?
- - 6.0.1 Which case laws are related to right to education in India?
  - 6.0.2 What is right to education for girl child in India?

What is the right of education in India?

As per the RTE Act and Article 21 A of the Indian constitution Education up to 14 years is a fundamental right and it should be free and compulsory.
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When did education become a right in India?

Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

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What is the importance of right to education in India?

Significance of RTE – With the passing of the Right to Education Act, India has moved to a rights-based approach towards implementing education for all. This Act casts a legal obligation on the state and central governments to execute the fundamental rights of a child (as per Article 21 A of the Constitution).

The Act lays down specific standards for the student-teacher ratio, which is a very important concept in providing quality education. It also talks about providing separate toilet facilities for girls and boys, having adequate standards for classroom conditions, drinking water facilities, etc. The stress on avoiding the urban-rural imbalance in teachers’ posting is important as there is a big gap in the quality and numbers regarding education in the villages compared to the urban areas in the country. The Act provides for zero tolerance against the harassment and discrimination of children. The prohibition of screening procedures for admission ensures that there would be no discrimination of children on the basis of caste, religion, gender, etc. The Act also mandates that no kid is detained until class 8. It introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to have grade-appropriate learning outcomes in schools. The Act also provides for the formation of a School Management Committee (SMC) in every school in order to promote participatory democracy and governance in all elementary schools. These committees have the authority to monitor the school’s functioning and prepare developmental plans for it. The Act is justiciable and has a Grievance Redressal mechanism that permits people to take action when the provisions of the Act are not complied with. The RTE Act mandates for all private schools to reserve 25 per cent of their seats for children from socially disadvantaged and economically backward sections. This move is intended to boost social inclusion and pave the way for a more just and equal country.

This provision is included in Section 12(1)(c) of the RTE Act. All schools (private, unaided, aided or special category) must reserve 25% of their seats at the entry-level for students from the Economically Weaker Sections (EWS) and disadvantaged groups. When the rough version of the Act was drafted in 2005, there was a lot of outcry in the country against this large percentage of seats being reserved for the underprivileged. However, the framers of the draft stood their ground and were able to justify the 25% reservation in private schools. This provision is a far-reaching move and perhaps the most important step in so far as inclusive education is concerned. This provision seeks to achieve social integration. The loss incurred by the schools as a result of this would be reimbursed by the central government.

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The Act has increased enrolment in the upper primary level (Class 6-8) between 2009 and 2016 by 19.4%. In rural areas, in 2016, only 3.3% of children in the 6 – 14 years bracket were out of school.

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Who introduced right to education in India?

On August 4, 2009, the Indian Parliament passed the Right to Education Act 2009, popularly known as the RTE Act 2009. It explains the importance of free and compulsory education for children aged 6 to 14 years in India, as defined by Article 21 (A) of the Indian Constitution.
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How successful is the right to education in India?

The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-8). Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas. More than 3.3 million students secured admission under 25% quota norm under RTE. It made education inclusive and accessible nationwide. Removal of “no detention policy” has brought accountability in the elementary education system. The Government has also launched an integrated scheme, for school education named as Samagra Shiksha Abhiyan, which subsumes the three schemes of school education:

Sarva Shiksha Abhiyan (SSA) Rashtriya Madhyamik Shiksha Abhiyan (RMSA) Centrally Sponsored Scheme on Teacher Education (CSSTE).

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What is our rights to education?

Towards a culture of human rights – “All roads lead to Rome” is a common idiom meaning that there are many ways of getting to your goal. Just as all roads lead to Rome, so there are many different ways to delivering HRE. Thus, human rights education is perhaps best described in terms of what it sets out to achieve: the establishment of a culture where human rights are understood, defended and respected, or to paraphrase the participants of the 2009 Forum on Human Rights Education with Young People, “a culture where human rights are learned, lived and ‘acted’ for”.

A human rights culture is not merely a culture where everyone knows their rights, because knowledge does not necessarily equal respect, and without respect we shall always have violations. So how can we describe a human rights culture and what qualities would its adherents have? The authors of this manual worked on these questions and have formulated some (but not exclusive) answers.

A human rights culture is one where people:

Have knowledge about and respect for human rights and fundamental freedoms Have a sense of individual self-respect and respect for others; they value human dignity Demonstrate attitudes and behaviours that show respect for the rights of others Practise genuine gender equality in all spheres Show respect, understanding and appreciation of cultural diversity, particularly towards different national, ethnic, religious, linguistic and other minorities and communities Are empowered and active citizens Promote democracy, social justice, communal harmony, solidarity and friendship between people and nations Are active in furthering the activities of international institutions aimed at the creation of a culture of peace, based upon universal values of human rights, international understanding, tolerance and non-violence.

These ideals will be manifested differently in different societies because of differing social, economic, historical and political experiences and realities. It follows that there will also be different approaches to HRE. There may be different views about the best or most appropriate way to move towards a culture of human rights, but that is as it should be.
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What are fundamental rights of India?

Fundamental Rights – The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:

Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality). Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings. Right to freedom of conscience and free profession, practice, and propagation of religion. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and Right to constitutional remedies for enforcement of Fundamental Rights.

Source: India Book 2020 – A Reference Annual : Profile – Fundamental Rights – Know India: National Portal of India
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What are India’s children’s rights?

Children’s Rights according to the Indian Constitution India recognizes and acknowledges children as equals to their adult counterparts and deems them worthy of the nation’s protection and shelter. Children too are given the basic/fundamental rights of citizenship along with the adults through the Fundamental Rights and Directive Principles of State Policy. These rights encompass the following:

Right to equality (Article 14).
Right against discrimination (Article 15).
Right to personal liberty and due process of law (Article 21).
Right to being protected from being trafficked and forced into bonded labour (Article 23).
Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).

The Constitution of India also goes on to award certain rights to the children of India in accordance with the United Nations Conventions on the Rights of the Child. The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). These rights are:

Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A).
Right to be protected from any hazardous employment till the age of 14 years (Article 24).
Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).
Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)).

Every child deserves the shield of security of its nation but there are specific classes that are vulnerable to the exploitation and violence more than the others. These are the victims of gender discrimination, child marriage, child labour, etc. The Indian Constitution has a number of provisions in order to protect a child from possible and further exploitation or discrimination. These include:

Article 24 Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 39 Certain principles of policy to be followed by the State. The State shall, in particular, direct its policy towards securing
1. that the citizen, men and women equally, have the right to an adequate means of livelihood
2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good
3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
4. that there is equal pay for equal work for both men and women
5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
6. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45 Provision for free and compulsory education for children. The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

: Children’s Rights according to the Indian Constitution
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Why is education a right?

Essential for other rights – Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens.
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What is the most important right in India?

Right to Constitutional Remedies is the most important fundamental right because it ensures that all citizens enjoy their fundamental rights.
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What is the advantage of RTE?

Zero tolerance against discrimination and harassment – One of the best parts about the Right To Education (RTE) Act In India is it prohibits any form of discrimination. One can avoid physical punishment and mental harassment, along with discrimination based on gender, caste, class and religion.
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Who controlled education in India?

“Indian education” redirects here. For other uses, see Indian school,

Education in Republic of India

Ministry of Education

Minister of Education	Dharmendra Pradhan
National education budget
Budget	2.9% of GDP ($ 112 billion)
General details
Primary languages	Indian languages, English
System type	Federal, state and private
Established Compulsory education	1 April 2010
Literacy (2011 )
Total	77.7%
Male	84.6%
Female	70.3%
Enrollment (2011 )
Total	(N/A)
Primary	95%
Secondary	69%
Post secondary	25%

Education in India is primarily managed by state-run public education system, which fall under the command of the government at three levels: central, state and local, Under various articles of the Indian Constitution and the Right of Children to Free and Compulsory Education Act, 2009, free and compulsory education is provided as a fundamental right to children aged 6 to 14.
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Who demanded the right to education for Indian children?

If Gopal Krishna Gokhale would have been alive today, he would have been the happiest person to see his dream of ‘Right to Education’ for the children of the country come true. It was he who, a 100 years ago, urged the Imperial Legislative Assembly confer such a right on Indian children.
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Who changed Indian education system?

Development of Modern Education –

The company wanted some educated Indians who could assist them in the administration of the land.
Also, they wanted to understand the local customs and laws well.
For this purpose, Warren Hastings established the Calcutta Madrassa in 1781 for the teaching of Muslim law.
In 1791, a Sanskrit College was started in Varanasi by Jonathan Duncan for the study of Hindu philosophy and laws.
The missionaries supported the spread of Western education in India primarily for their proselytising activities. They established many schools with education only being a means to an end which was Christianising and ‘civilising’ the natives.
The Baptist missionary William Carey had come to India in 1793 and by 1800 there was a Baptist Mission in Serampore, Bengal, and also a number of primary schools there and in nearby areas.
The Indian reformers believed that to keep up with times, a modern educational system was needed to spread rational thinking and scientific principles.
The Charter Act of 1813 was the first step towards education being made an objective of the government.
The act sanctioned a sum of Rs.1 lakh towards the education of Indians in British ruled India. This act also gave an impetus to the missionaries who were given official permission to come to India.
But there was a split in the government over what kind of education was to be offered to the Indians.
The orientalists preferred Indians to be given traditional Indian education. Some others, however, wanted Indians to be educated in the western style of education and be taught western subjects.
There was also another difficulty regarding the language of instruction. Some wanted the use of Indian languages (called vernaculars) while others preferred English.
Due to these issues, the sum of money allotted was not given until 1823 when the General Committee of Public Instruction decided to impart oriental education.
In 1835, it was decided that western sciences and literature would be imparted to Indians through the medium of English by Lord William Bentinck’s government.
Bentinck had appointed Thomas Babington Macaulay as the Chairman of the General Committee of Public Instruction.
Macaulay was an ardent anglicist who had absolute contempt for Indian learning of any kind. He was supported by Reverend Alexander Duff, JR Colvin, etc.
On the side of the orientalists were James Prinsep, Henry Thomas Colebrooke, etc.
Macaulay minutes refer to his proposal of education for the Indians.
According to him:
- English education should be imparted in place of traditional Indian learning because the oriental culture was ‘defective’ and ‘unholy’.
- He believed in education a few upper and middle-class students.
- In the course of time, education would trickle down to the masses. This was called the infiltration theory.
- He wished to create a class of Indians who were Indian in colour and appearance but English in taste and affiliation.
In 1835, the Elphinstone College (Bombay) and the Calcutta Medical College were established.

Wood’s Despatch (1854)

Sir Charles Wood was the President of the Board of Control of the company in 1854 when he sent a despatch to the then Governor-General of India, Lord Dalhousie.
This is called the ‘Magna Carta of English education in India.’
Recommendations of the Wood’s Despatch:
- Regularise education system from the primary to the university levels.
- Indians were to be educated in English and their native language.
- The education system was to be set up in every province.
- Every district should have at least one government school.
- Affiliated private schools could be granted aids.
- Education of women should be emphasised.
- Universities of Madras, Calcutta and Bombay were set up by 1857.
- University of Punjab – 1882; University of Allahabad – 1887
- This despatch asked the government to take up the responsibility of education of the people.

Assessment of the British efforts on education

Although there were a few Englishmen who wanted to spread education for its own sake, the government was chiefly concerned only with its own concerns.
There was a huge demand for clerks and other administrative roles in the company’s functioning.
It was cheaper to get Indians rather than Englishmen from England for these jobs. This was the prime motive.
No doubt it spread western education among Indians, but the rate of literacy was abysmally low during British rule.
The state of women education was pathetic. This was because the government did not want to displease the orthodox nature of Indians and also because women could not generally be employed as clerks.
In 1911, the illiteracy rate in British India was 94%. In 1921, it was 92%.
Scientific and technical education was ignored by the British government.

The English Education Act 1835 was a legislative Act of the Council of India, gave effect to a decision in 1835 by Lord William Bentinck, then Governor-General of the British East India Company, to reallocate funds it was required by the British Parliament to spend on education and literature in India.

Education System In India During British Rule (UPSC Notes):-
Also Read:
UPSC Related Articles

: NCERT Notes: Indian Education System During British Rule
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Is there equality in education in India?

The basic objective of a democratic state is to reduce inequality and the most appropriate way to remove inequality is by education. Education is process of learning and that process of learning should be according to one’s interest and pace. Basic aim of education is to develop the whole personality of an individual.

Meaning of Equality of Educational Opportunities is to provide education to all irrespective of caste, creed, religion, gender etc. There are several provisions under Constitution of India which provides equality in educational opportunity. Article 21-A was added to the Constitution through 93 rd Amendment Act and it says that it is mandatory to provide education to all the children aged up to14 years.

Thus, Article 21-A tries to provide equal opportunity of primary education to each and every child. Article 26 of the Constitution of India is the main provision regarding equality of educational opportunities as it says Education is a Fundamental Right, and no educational institution can deny admission of any student on the basis of caste, creed, colour, religion or any of them.

Poverty: Poverty is one of the main reasons for inequality in educational opportunities. Poor Children does not get as much opportunity as the children’s’ from wealthy families get. Due to poverty lack of adequate opportunity also arises.Gender Discrimination: Inspite of several articles in Constitution of India, we still suffer from the problems of gender discrimination. Gender disparity is also an issue in this country. Families often value more to boy’s education in comparison of girl’s education.Family Background: Also the environment in family matters the most. In many cases children are the first generation learners, thus they don’t get that much support and motivation from their family members. And the children who have well educated parents get more and more encouragement and motivation. This also acts a reason of inequality. This is sometimes terms under the head of disparity between advanced and backward classes of society.Regional Imbalance: The issue of regional imbalance also plays an important role. Because of this the region which are not developed properly are not able to impart a quality education to the children of their region.Physically Disabled Children: Divyang children also face certain kind of difficulties while trying to education.Lack of Infrastructure: Scarcity of educational institution in several areas of the country also leads to unequal opportunities in educational field.

It would be wrong to say that steps were not taken to overcome these issues. The first and foremost step was adding the above mentioned provision in the Constitution of India. The several other steps are:

Establishment of large number of institution throughout the country.The concept of pre-school like aganwadi, balwadi, play groups also spread awareness among the people towards education. It also carves the path for development by removing stagnation in primary education.Another major step was taken by providing scholarships and facilities like fee waive in certain institutions.The establishments of schools like Kendriya Vidyalaya and Jawahar Navodaya Vidyalaya also helped in achieving the goals of equality of educational opportunities. Also the Kanyashram Schools in tribal areas aware people about the necessity of girls education and helped in overcoming gender disparity.Government schemes like Beti Bachaao Beti Padhaao, Rashtriya Madhyamik Siksha Abhiyan, Prenana Schemes for SC/ST students for higher education, and several other schemes also helped in giving education to all the children of this country.Another major step to give education to children of remote areas were done by the government by making new central universities in remote areas which will with the pace of time develop that area.The laws for SC/ST’s and divyang children were made to overcome these issues of disparity.

We came a long way in this regard but yet a long way to go, as the conditions of the primary schools under state government were not up to the mark. Reports say that even the infrastructure of state oriented primary schools is not satisfactory. Shortage of teachers is another issue especially in rural areas of the country.

Inadequate training of the primary school teachers also hampers the quality of education they are imparting, which definitely results in inequality as the children going to the state oriented primary school cannot compete with the children going to the private primary schools.
The concept of Mid-day meal was proposed in year 1995 in order to enhance enrolment of student and further for retention and attendance of children, this scheme is successful, but not to its fullest because of lack of infrastructure the food provided by the government is not stored properly.

Other reasons for inequality in educational opportunities are the cancer of corruption, lack of awareness etc. The poor implementation of laws is also a reason that we still see cases of inequality in educational opportunities. In order to conclude, I would like to say that we have laws to enhance our primary education, but for that we need to apply those laws efficiently and properly.

Enhancing the quality and reach of education in our country will help in curb many other socio, legal, economic issues. Aishwarya Says: I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years.

I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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Does India have good access to education?

The National Achievement Survey (NAS) of 2021 reported an average learning level of 59% in grade 3, 49% in grade 5, 42% in grade 8 and 36% in grade 10.
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Do India has an effective education system?

Conclusion – Not just high schools in Bangalore, but education of all levels has the true potential to reach great heights all over the country. India already has the world’s largest higher education system with over 1000 universities and its presence in the global education arena will ensure that it reaches newer heights, making education in India one of the best things for its school going children and its youth population.
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Is education a right or a privilege?

Education is not a privilege. It is a human right. Education as a human right means: the right to education is legally guaranteed for all without any discrimination.
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Is right to education a human right?

Article 27 –

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

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Is education a right or a need?

Articles from relevant Conventions – International Covenant on Economic, Social and Cultural Rights Article 13 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms.

Primary education shall be compulsory and available free to all; Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education; Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education; The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.4.

No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

See also: CERD articles 5(e)(v), 7; CEDAW articles 10, 14(2)(d); CRC articles 13, 17, 28 and 29; CRPD articles 9, 21, 24, 26.
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Why is education a right?

What are India’s children’s rights?

Right to equality (Article 14).
Right against discrimination (Article 15).
Right to personal liberty and due process of law (Article 21).
Right to being protected from being trafficked and forced into bonded labour (Article 23).
Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46).

Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A).
Right to be protected from any hazardous employment till the age of 14 years (Article 24).
Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).
Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)).

Article 24 Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 39 Certain principles of policy to be followed by the State. The State shall, in particular, direct its policy towards securing
1. that the citizen, men and women equally, have the right to an adequate means of livelihood
2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good
3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
4. that there is equal pay for equal work for both men and women
5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
6. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45 Provision for free and compulsory education for children. The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

: Children’s Rights according to the Indian Constitution
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Which case laws are related to right to education in India?

Administration In Indian Education System: – Initially the British Administration does not gave much importance to the education system. After Independence only it was raised to great extent. According to the 86th Amendment Act 2002, right to education was justified under the Article 14 and 21 as a part of fundamental right guaranteed to all citizens.

In Mohini Jain’s case.
Right To Education – Article 21(A):
In Shyam sundar case

Court said that state must have a responsibility to discharge its duty of providing educational institutions in all places of the state’s territory to educate all its citizen. And also court ordered that state must administrate the proper providing of educational institutions by itself or by giving to private education institutions to educate its citizens.

And also if the private institutions charge capitation fee then it is considered as a violation of article 14. As per 2015 research India occupies 92nd position in among 142 countries. Even the small nations are maintaining a proper educational system, till now India trying to reach its proper providing of education.

This article says state shall provide free and compulsory education to all children of the age of six to fourteen years. Court tells that “right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural background.

In J.P.Unnikrishnan’s case Court tells that the government institutions for being reluctant with the enforcement of Article 45 and held that every child who is deprived of the right to education can issue a writ of mandamus against the appropriate authority for the enforcement of their deprived right.4.

AIR 1993 SCR (1) 594 The administration activities in educational department in India was not much active. It must be developed by the proper planning by the executives. Though it was planned it does not exercise it properly, due to the corrupted hands in administration level.

Conclusion:
Suggestion:

So there must be a powerful and planned administration in education department. The first and foremost duty is to remove the persons who are involved in bribery, corruption, biased activities in the field of administration. It is possible only by the superior officers.

If we see who is in superior level automatically it shows the President (who gives the approval) and Prime Minister (under whose leadership a law was formulated, executed and maintained). So from top to bottom all the authorities must have some good faith and welfare thoughts on its citizens to provide a proper education.

By concentrating on education part one country must develop all its other portions. Let’s we all wait and see the development of the education system in India. Even though the planning and administration was good, the execution must be properly done by the educational authorities.
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What is right to education for girl child in India?

The Right of Children to Free and Compulsory Education Act (RTE), 2009, makes elementary education a fundamental right under Article 21A of the Indian Constitution. It, however, excludes children below 6 years and 15-18 years from its ambit.
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Grady A. Lowry