Abstract

Fundamental Right to Education in India: An Overview

Dr. Sanjay Sindhu

Education as a tool is the most potent mechanism for the advancement of human beings. Education emancipates the human beings and leads to liberation from ignorance. Education is now being visioned as a human right and an instrument of social change. Universal Declaration of Human Rights 1948 by way of Article 26(1) lays down that everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Thus, UN recommendation has been re-enforced in the provisions of the Right of Children to Free and Compulsory Education (RTE) Act 2009, which came into effect as on 1st April 2010. In fact, this act lays down the state’s responsibility towards education. In this paper an attempt has been made by the authors to highlight the constitutional and legislative perspective of the right to free and compulsory education under Article 21-A. This paper significantly aims to explore the attitude of Indian system towards compulsory education and to pinpoint the flaws in the existing RTE Act.