Author: Kadambari Salve
Introduction
Education is a weapon for the development of oneself and for the development of the nation. It helps in creating awareness and in promoting the individual’s freedom. For free and compulsory education, Article 21A has been incorporated in the Constitution of India. It was enshrined in the Constitution by the 86th Amendment Act of 2002. At that time, the government addressed this step as “The dawn of the second revolution in the chapter of citizens’ rights.
The Historical Aspect of Right to Education (RTE)
The right to education was already present in Articles 45 and 39(f) of the Constitution of India. In 1955-56, the government spent more than 1% of the GDP on education, which makes it significant to learn about. In addition to that, the Campaign was launched as Sarva Shiksha Abhiyan in the year 2000; similarly, the initiatives like Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and the Mid-Day Meal Scheme were also taken. In India, the Right to Education (RTE) has evolved from a Directive Principle to a Fundamental Right under Article 21A, which was implicitly covered under Article 21, which guarantees the Right to life and personal liberty. Though the Directive Principle of State Policy (DPSP) was not enforceable in law, it has always acted as an inspiration and the desired constitutional goal to be achieved.
The Historical Aspect of Public Interest Litigation (PIL)
Public Interest Litigation (PIL) has been considered one of the most important developments in India’s legal history. If any person or an organization wants to go to the court to seek justice that will be impactful and affirmative for the individual, the public, or society at large, this legal method is considered to be a way forward to achieve it, particularly for the underprivileged or the marginalised sections of society, which are generally not considered as ‘mainstream’ people. Article 32 and Article 226 of the Indian Constitution have been helpful for the same for the Supreme Court and the High Court, respectively. This is the reason why Dr. B.R. Ambedkar called Article 32 the “Heart and Soul of the Constitution”. Before 1970, the locus standi rule was applicable while filing any PIL, which means only those persons who are directly affected by any law, rule, or procedure can fight for themselves to seek justice. But the drawback in this scenario was that the underprivileged and marginalised section, as well as the uneducated and unaware people who do not know such rights, cannot file the PIL and are left behind without efficient remedies. Hence, the locus standi rule was removed in the landmark cases of
S.P Gupta v. Union of India (AIR 1982 SC 149), which is also known as the First Judges Transfer Case. In this landmark case, the Supreme Court of India’s verdict modified the whole concept of locus standi, i.e., the legal right to file a lawsuit. It was held that if a legal injury is caused to any person or a group who cannot approach the court for any reason, any public-spirited person can file a petition on their behalf.
Right to Education through PIL
In the case of Mohini Jain v. State of Karnataka in 1992, the Supreme Court ruled that Education as the fundamental right under Article 21 and that life is meaningless without education, as education is necessary for the overall development of human dignity and also gives one the ability to exercise other constitutional rights.
In the case of Unni Krishnan v. State of Andhra Pradesh in 1993, the Supreme Court of India held that RTE is a fundamental right enshrined in the Right to Life under Article 21, which guarantees free education to children up to 14 years old, and also restricted the commercialization of education.
In the case of T.M.A Pai Foundation v. State of Karnataka 2002, the Supreme Court of India ruled that establishing educational institutions is charitable in nature and should not be commercial. It gave much clarity about the institutional autonomy of private, unaided, and minority educational institutions while entitling all of them to constitutional protections.
Due to similar cases as such, the Right to Education to Free and Compulsory Education (RTE) Act, which was enacted on August 4, 2009, came into existence. It made elementary education a fundamental right for all children aged 6 to 14 and mandated the government to provide free and compulsory education in schools.
The Key provisions of the RTE Act are free and compulsory education and a 25% private school quota, which means any private educational institution would have to keep a reserved quota of 25% for underprivileged, disadvantaged, and economically weaker sections of society. Another important aspect of the RTE Act is the regulation of admissions. It specifically prohibited any screening procedures, if any, or interviews for unbiasedness and a fair process for selection. In addition to that, it also restricted the capitation fees to ensure fair access. It also mandated the standards for teachers and set quality norms for the basic infrastructure and sanitation.
Enforcement Gaps in RTE
A) Access to the Education
- Availability of Schools –
In rural areas, the scenario is that there are no schools for higher secondary education, and people living there are mostly engaged in primary activities such as agriculture, mining, or cattle rearing, in which they think education is not much needed. So, not everyone takes the initiative to get access to higher education.
On the other hand, in urban areas, there is more availability of educational institutions, but most of them lack quality standards. High competition between various institutions often led to commercialization in education.
- Transportation to the School-
Often, it has been seen that access to schools is somewhat restricted due to transportation issues. Children in rural areas mostly prefer schools that are within walking distance. If the same are not available, it results in discouragement of education. Similarly, the absence of school buses can lead to lower enrolment in institutions.
- Social Prejudice-
Even though it has been more than 75 years since the commencement of the Constitution of India, there is still social discrimination and prejudice against the marginalised sections of society, specifically the children belonging to Scheduled Castes, Scheduled Tribes, or the children with disabilities. Non-enrolment of Dalit children shows the classist and casteist nature of society.
- Isolated Living
Most tribal people still live in very isolated places, where even basic facilities like electricity are a big challenge. Establishing any educational institution over there is a bit harder. Thus, tribal children can’t reach the higher secondary level, sometimes even the primary level.
In the case of Justice for All v. Government of NCT of Delhi (2020), the Delhi High Court ordered the government to give underprivileged children devices and internet access so they may attend online classes.
- Lack of Infrastructure
In many of the schools, there is a lack of infrastructure like proper buildings for the institution, benches for seating, and books for learning. Infrastructure for physically disabled children, as well as for blind children the absence of literature in braille. Non-availability of teachers for specially challenged children makes educational access even more difficult.
In Rajneesh Kumar Pandey v. Union of India (2018)21, the Supreme Court emphasized that in order to give the RTE Act importance for children with disabilities, schools must have qualified special educators and enough facilities. Similar to this, courts have broadened the definition of “quality education” to include hygienic washrooms, a safe classroom environment, and antidiscrimination measures, ensuring that schools do not only provide literacy but also equality and dignity
- Lack of Sanitation
A healthy environment for education is far more important in the learning process. Lack of sanitation is one of the gaps between enforcement and constitutional desire. Data from various surveys shows that there are no toilets present in the institution. If they are present, but not maintained properly. It leads to unhygienic conditions, which can result in health problems. Especially for the girls, there is no availability of sanitary napkins.
- Inferiority Complex
In schools, children are at a very delicate age to be influenced by anything. A 25% reserved quota in private institutions is a mandate by law. But the children who get admitted to such a reserved quota often might feel inferior about the background and surroundings they belong to. Sometimes, there is linguistic inferiority that children may face, which can lower their overall confidence to get enrolled in schools.
- Adulteration in mid-day meal scheme
The adulteration in the food of mid-day meals can sometimes cause food poisoning and poor nutrition, which leads to health issues in children. Thus, the poor nutritional facilities limit access to education.
B) The Quality of the Education
In Environmental and Consumer Protection Foundation v. Delhi (2012), the Supreme Court recognized that a lack of basic facilities hampers learning and dignity and therefore ordered the state to guarantee minimum standards in all private and public schools.
- Lack of Trained Teachers-
The purpose of free and compulsory education remains meaningless if there is a lack of trained teachers. The teachers must have basic eligibility criteria to get into the profession of teaching. With the digital advancement, if the teachers are not properly trained according to the changing nature of the learning process, the quality of the education will remain questionable.
- Outdated Curriculum
The curriculum shapes personalities. If the Curriculum is outdated and not according to the contemporary issues and needs, then even though the compulsory education mandate, the purpose remains meaningless.
- Executive Responsibility
Even though the court takes part in administration through judicial activism, there is a need for the enforcement of the court’s ruling. Often it is seen that the Court’s order remains on paper and is not well implemented in reality. In India, the educational policies are sometimes driven by political will, which can lead to uncertainty in different states. Through the recent PIL court order to upgrade schools, which was implemented unevenly throughout the nation.
Conclusion
The Right to Education is a constitutional and Fundamental right under Article 21A, which mandates the state to provide free and compulsory education for all children up to the age of 14 years. Through the series of PIL over the decades, the education policies changed to give rise to the most effective and inclusive method for learning. Even though there are constitutional safeguards and protections for education for the overall development of human dignity, there are enforcement gaps that can make the purpose of this fundamental right meaningless. The Public Interest Litigation (PIL) is a tool for raising a voice against discrimination, lack of infrastructure, social stigma, teacher absenteeism, and lack of facilities. The judiciary can take a role in the administration. Despite this, the accountability remains on the executive branch for the effective implementation of the policies.
A Way Forward
The gaps in the enforcement include digital illiteracy, unequal opportunity, learning levels, and high dropout rates. The RTE can still be strengthened with the effective implementation of sound policies. There is a necessity for the inclusion of disabled children, especially after the global pandemic, to develop infrastructure, sanitation, drinking water, and nutritional facilities. Through the years, the PIL has not only advocated for the enforcement of education but is also now fighting for equitable and quality education. Personality growth is possible only when there is a fair and just environment for everyone to learn, think, and act upon. For the purpose of Article 21A to be fulfilled, in my opinion, there should be regular assessment of teachers and students over the quality of learning, the facilities, the grades, and the healthy environment. There should be awareness and encouragement at the grassroots level, and monitoring can be done for the same. In this digital age, the teachers and the parents need to be trained accordingly so that they can pay extra attention to the children’s needs and issues, looking forward to their growth, which builds the nation of tomorrow.
