Right to Education:The Right of Children to Free and Compulsory Education Act (2009)

‘The trajectory of Right to Education in India is a steady though firm transition from a policy goal to a constitutionally guaranteed and legally enforceable right. Education has been recognised by international human rights instruments as fundamental to human dignity, equality and the full development of the individual, and these principles have increasingly informed Indian constitutional and legislative thinking. Historical initiatives such as early colonial era debates, regional experiments with compulsory primary education, recommendations of committees and commissions and national education policies laid the intellectual and administrative foundations of universal elementary education. The turning point was the Supreme Court’s declaration that education is a fundamental right of children in the age group of six to fourteen years and the 86th Constitutional Amendment and the Right of Children to Free and Compulsory Education Act, 2009. Collectively, these measures converted access to primary education from a directive goal into a justiciable right. But constitutional recognition alone does not guarantee educational justice. Persistent challenges related to access, quality, equity, infrastructure, teacher availability and social exclusion continue to impede the realisation of the right. The study thus concludes that the Right to Education is not only a legal guarantee but also a democratic commitment requiring sustained political will, public investment and inclusive implementation so that every child can participate fully and equally in national development.’

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