Right To Education Comes Under Which Article Of Indian Constitution?

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Right To Education Comes Under Which Article Of Indian Constitution
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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Which articles are on right to education in India?

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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What is Article 13 right to education?

According to Article 13(2) of the ICESCR, the full realisation of this right envisages compulsory and free primary education for all, accessibility to secondary general education, including technical and vocational secondary education and higher education with progressive introduction of free education and liberty for
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Which law protects the right to education?

Section 29(1) of the Constitution contains the right to a basic education and the right to a further education. (b) to further education, which the state, through reasonable measures, must make progressively available and accessible. ‘
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Is right to education in the Constitution?

Your Right to Equality in Education Getting an education isn’t just about books and grades – we’re also learning how to participate fully in the life of this nation. (We’re tomorrow’s leaders after all!) But in order to really participate, we need to know our rights – otherwise we may lose them.

The highest law in our land is the U.S. Constitution, which has some amendments, known as the Bill of Rights. The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law.

Many federal and state laws give us additional rights, too. The Bill of Rights applies to young people as well as adults. And what I’m going to do right here is tell you about EQUAL TREATMENT, DO ALL KIDS HAVE THE RIGHT TO AN EQUAL EDUCATION? Yes! All kids living in the United States have the right to a free public education.

  1. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen.
  2. Even if you are in this country illegally, you have the right to go to public school.
  3. The ACLU is fighting hard to make sure this right isn’t taken away.

In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status. In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have.
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What is the new law of education in India?

Teachers – The NEP 2020 puts forward many policy changes regarding teachers and teacher education. To become a teacher, a 4-year Bachelor of Education will be the minimum requirement needed by 2030. The teacher recruitment process will also be strengthened and made transparent.
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What is the Basic Education Act of 2013?

The Kenyan Basic Education Act of 2013 ensures the right of all children with disabilities to free and compulsory education for the first time in Kenya. However, the Act continues to perpetuate discrimination against Kenyan children with disabilities.
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What is child rights Act 2005 in India?

Page 2 – You are not logged in. Your will be publicly visible if you make any edits. If you or, your edits will be attributed to a username, among, Content that will be deleted. Encyclopedic content must be verifiable through, Retrieved from “” : Commissions for Protection of Child Rights Act, 2005
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What article is children’s rights?

The Convention on the Rights of the Child – Article 1 – A child means every human being below the age of eighteen. Article 2 – State parties must ensure all rights apply to children regardless of their age race, religion, gender, wealth or birthplace.

Article 3 – All signatories of the convention must work towards actions in the best interests of the child. Article 4 – Governments must make these rights available to all children. Article 5 – Governments and parents must ensure children are equipped with the knowledge to understand their rights. Article 6 – All children have the right to a life of fullness.

Article 7 – Governments should respect a child’s right to a name and nationality. Article 8 – Governments must respect a child’s right to their own identity. Article 9 – Children should not be removed from their parents unless for their own good. Article 10 – Families living in different countries should be able to move between them so families can keep in contact or get back together as a family.

Article 11 – Governments must take all measures to combat the illegal removal of children from their country. Article 12 – Children have the right to their opinion and can say what they think should happen. Article 13 – Children have the right to freedom of expression and can seek, receive and impart information and ideas of all kinds.

Article 14 – Governments should respect the right of children to have freedom of thought, conscience and religion. Article 15 – Children have the right to freedom of association. Article 16 – Children have the right to their privacy. Article 17 – Governments should ensure children have access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and health.

Article 18 – Parents have a responsibility for bringing up their child and should always consider what is best. Article 19 – Governments should ensure children are protected from violence and neglect. Article 20 – Children who cannot be cared for by their own parents should be looked after by people who respect their religion, culture and language.

Article 21 – When a child is adopted, their best interests should be the utmost priority. Article 22 – Children who enter a country as refugees should have the same rights as children born in that country. Article 23 – Children with any kind of disability must have special care and support.

  1. Article 24 – Children have the right to enjoy the highest attainable standard of health.
  2. Governments should work towards the development of healthcare and diminish disease and child mortality.
  3. Article 25 – Children have the right to have their situation reviewed by their local authorities regularly.
  4. Article 26 – Governments should provide the right resources for children if they need to benefit from social security.
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Article 27 – All children have the right to a quality standard of living that meets their mental and physical standards and should be helped if they can’t reach this themselves. Article 28 – All children have the right to an education. Article 29 – Education should help the development of a child’s personality, talents and physical abilities so they can reach their full potential.

Article 30 – Children have the right to practice their own religion or language. Article 31 – All children have the right to rest and leisure, and to engage in play and recreational activities. They can participate fully in cultural life and the arts. Article 32 – Governments must protect children from economic exploitation or performing work that can interfere with their education or could be harmful to their development.

Article 33 – Governments must take all appropriate legislative, administrative, social and educational measures to protect children from the illicit use of drugs and prevent use of children in trafficking substances. Article 34 – Governments must protect children from sexual abuse.

  • Article 35 – Governments must protect children from being abducted, sold or trafficked at all costs.
  • Article 36 – Children must be protected from all forms of activities that can harm their development.
  • Article 37 – Children who break the law should not be treated cruelly and not imprisoned with adults.

They should also be able to contact their families. Article 38 – Governments should not allow any child under the age of sixteen to join the army. Article 39 – Governments should take all appropriate measures to promote physical and psychological recovery and social reintegration of children exposed to neglect, exploitation or abuse.
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What are Article 12 and 13?

Article 12 : Definition. Article 13 : Laws inconsistent with or in derogation of the fundamental rights. Article 14 : Equality before law. Article 15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 : Equality of opportunity in matters of public employment.
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What is Article 13 of the Constitution?

13. Laws inconsistent with or in derogation of the fundamental rights. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
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What is Article 25 to 28?

Laws and Indian Constitution – The Preamble of the Indian Constitution has the word “secular”, and articles 25 to 28 implying that the State will not discriminate, patronise or meddle in the profession of any religion. However, it shields individual religions or groups by adding religious rights as fundamental rights.

  • Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.” Further, Article 26 says that all denominations can manage their own affairs in matters of religion.
  • All these rights are subject to be regulated by the State.
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Article 25 (2b) uses the term “Hindus” for all classes and sections of Hindus, Jains, Buddhists and Sikhs, Sikhs and Buddhists objected to this wording that makes many Hindu personal laws applicable to them. However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan,

  1. Religions require no registration.
  2. The government can ban a religious organisation if it disrupts communal harmony, has been involved in terrorism or sedition, or has violated the Foreign Contributions Act.
  3. The government limits the entry of any foreign religious institution or missionary and since the 1960s, no new foreign missionaries have been accepted though long term established ones may renew their visas.

Many sections of the law prohibit hate speech and provide penalties for writings, illustrations, or speech that insult a particular community or religion. Some major religious holidays like Diwali (Hindu), Christmas (Christian), Eid (Muslim) and Guru Nanak’s birth anniversary (Sikh) are considered national holidays.

Private schools offering religious instruction are permitted while government schools are non-religious. The government has set up the Ministry of Minority Affairs, the National Human Rights Commission (NHRC) and the National Commission for Minorities (NCM) to investigate religious discrimination and to make recommendations for redressal to the local authorities.

Though they do not have any power, local and central authorities generally follow them. These organisations have investigated numerous instances of religious tension including the implementation of “anti-conversion” bills in numerous states, the 2002 Gujarat violence against Muslims and the 2008 attacks against Christians in Orissa.

  1. For Shia Muslims, the Grand Ashura Procession In Kashmir where they mourn the martyrdom of Husayn ibn Ali has been banned by the Government of Jammu and Kashmir from the 1990s.
  2. People taking part in it are detained, and injured by Jammu and Kashmir Police every year.
  3. According to the government, this restriction was placed due to security reasons.

Local religious authorities and separatist groups condemned this action and said it is a violation of their fundamental religious rights.
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What is Article 14 in education?

‘ No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.’
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What is Article 45 and 21A?

The right to free and compulsory education at primary educat Option 4 : Article 21 A of 2002-Act Free 10 Questions 20 Marks 12 Mins Fundamental Rights and Education: Fundamental Rights of citizens given in our Constitution have established the spirit of equality and have helped to preserve individual liberty.

ARTICLE 21A – It grants the Right to Free and Compulsory Education to all the children aged six to fourteen years in a manner as the State may, by law determine. Inserted by the 86th Amendment in December 2002, this Article has accorded education the status of right for ensuring quality in educational expansion at the elementary level.

Other Articles:

ARTICLE 45: Directive Principles of the State Policy in Article 45 under Part IV of the Constitution states that “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”. ARTICLE l5 – This Article guarantees prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth by the State. It also ensures equality in educational opportunities in India. Insertion of Article 21A, making elementary education a fundamental right of all children between the age group of 6-14 years, Article 45 has been amended so as to restrict its scope to pre-primary education up to 6 years of age.

Hence, we conclude that t he right to free and compulsory education at the primary education level is ensured by our Constitution under Article 21 A of 2002-Act. India’s #1 Learning Platform Start Complete Exam Preparation Daily Live MasterClasses Practice Question Bank Mock Tests & Quizzes Trusted by 3.8 Crore+ Students : The right to free and compulsory education at primary educat
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