In India, education is not just a privilege but a Fundamental Right of every child. Recognizing the transformative power of education, the country has established a legal framework that ensures access to quality education for all children. The right to education (Right to Education) is enshrined in Article 21A of the Constitution of India, which was added by the 86th Constitutional Amendment Act in 2002. The Indian Government, in collaboration with various stakeholders, has made notable progress in guaranteeing access to quality education for all children, irrespective of their social, economic, or cultural backgrounds.
Legal Framework
The Right to Education is globally recognized under International Law, including Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social, and Cultural Rights. Over 135 countries have constitutional provisions that mandate free and non-discriminatory education for all their citizens. In 1950, India introduced a constitutional provision under Article 45 of the Directive Principle of State Policy, guaranteeing free and compulsory education to all children up to the age of 14. The Right to Education was added as a Fundamental Right through the 86th Amendment, but it was subsequently implemented through the Right of Children to Free and Compulsory Education Act (RTE Act) in 2009. The RTE Act came into effect on April 1, 2010, making the Right to Education a Fundamental Right for children aged 6 to 14 in India.
The RTE Act has significantly increased school enrolment rates from 94.9% in 2009-2010 to 99.2% in 2019-2020 as per the District Information System for Education (DISE). Dropout rates among 6 to 14-year-olds have decreased from 4.1% in 2009 to 1.5% as per the 2018 Annual Status of Education Report (ASER). The RTE Act promotes inclusive and equitable education, benefiting all children in India, with marginalized communities gaining better access to education and reducing educational disparities.
Universal Access
India’s commitment to achieving universal access to education has yielded remarkable progress, particularly in improving enrolment rates and addressing educational disparities. Efforts have been focused on ensuring that marginalized and disadvantaged communities, as well as girls, have equal access to education. The gender parity index (GPI) indicates the ratio of girls’ enrolment to boys’ enrolment, in 2005-2006, the GPI was 0.92, while in 2019-2020, it increased to 1.01. This positive shift indicates a narrowing of the gender gap, with more girls gaining access to schools and receiving an education. The Indian Government has implemented various policies to ensure that education is recognized as a Fundamental Right and that it is fulfilled for all individuals, which are:
Balika Samriddhi Yojana: A scheme promoting girls’ education, has increased enrolment rates by providing financial incentives for their enrolment and retention in schools. This targeted initiative has effectively addressed gender disparities in education.
Sarva Shiksha Abhiyan (SSA): The Government of India launched the Sarva Shiksha Abhiyan in 2001, with the aim of achieving universal elementary education. The program has prioritized enhancing infrastructure, teacher quality, and overall educational facilities, with a special focus on inclusivity and addressing marginalized sections of society. According to official data, by 2019, over 4.3 lakh schools had been constructed or upgraded under the SSA program. As per data from the Ministry of Education, the program has facilitated the training of more than 14 lakh untrained teachers under the Teacher Training component. SSA has been instrumental in advancing the cause of universal elementary education in the country, However, sustained efforts and continued investment are crucial to further strengthen the education system and ensure quality education for all children.
Mid-Day Meal Scheme: The implementation of the Mid-Day Meal Scheme in India has been instrumental in addressing the nutritional needs of school-going children and positively impacting their educational outcomes. The Scheme’s provision of free nutritious meals has boosted school attendance rates, reduced absenteeism and enhanced educational opportunities for children. ASER 2018 reports 91% of rural children receiving the Mid-Day Meal, reflecting widespread coverage and a positive impact on their nutritional status. The Mid-Day Meal Scheme, covering over 11.6 crore children in 12.56 lakh schools, is a massive school feeding program in India. Its vast reach demonstrates its effectiveness in addressing the nutritional needs of a substantial number of school-going children.
Inclusive Education
India has made efforts to promote inclusive education by ensuring that children with disabilities have access to education on an equal basis with others. The Rights of Persons with Disabilities Act, of 2016, mandates the provision of inclusive education and the necessary support systems to facilitate learning for children with disabilities. Inclusive education policies have boosted enrolment of children with disabilities in mainstream schools, rising from 43.2% in 2013-2014 to 59.4% in 2019-2020 Unified District Information System for Education (UDISE). This signifies the growing acknowledgement of inclusive education’s significance and the removal of access barriers. India has also implemented specific initiatives for children with multiple disabilities. The National Trust Act, of 1999, provides support and services to individuals with autism, cerebral palsy, intellectual disabilities, and multiple disabilities. These initiatives address the unique needs of children with multiple disabilities and promote their inclusion in educational settings. These efforts are crucial in ensuring equal access to quality education for all children, irrespective of their disabilities.
Challenges
While significant progress has been made in promoting education as a child’s right in India, there are still several challenges that need to be addressed for the full realization of this right. Following are some of the issues that need to be addressed.
Inadequate Infrastructure: Inadequate infrastructure persists in many Indian schools, with around 14% lacking proper buildings and 25% lacking separate girls’ toilets (UDISE 2019-2020). Investments in infrastructure improvement are crucial for creating conducive learning environments for all children.
Socioeconomic Barriers: Socioeconomic factors, including poverty, gender inequality, and caste-based discrimination, hinder education for children in India. Dropout rates among Scheduled Caste and Scheduled Tribe children are higher than the national average National Sample Survey (NSS). To ensure education is a child’s right, it is crucial to address socioeconomic barriers through inclusive policies, scholarships, and targeted support programs.
Regional Disparities: Regional disparities in education persist in India, with remote rural areas and economically disadvantaged regions facing greater challenges in terms of infrastructure, teacher availability, and educational resources. Addressing these disparities requires targeted interventions, including increased investment in education and policies tailored to underserved regions.
Next Steps
The way forward involves the importance of various key measures to ensure education is a fundamental right for every child in India. These measures include:
- Sustained investment in education
- Improving infrastructure
- Engaging in public-private partnerships
- Investing in teacher training and professional development
- Prioritizing inclusive education policies and practices
- Adopting a collaborative approach
These actions will collectively contribute to creating an equitable and inclusive education system, empowering children for a brighter future.
Top of Form
Education as a child’s right in India is a cornerstone for India’s development and progress. While significant strides have been made so far, there is still work to be done to ensure that every child in India receives quality education.
We at The Child Foundation want to also contribute to the current existing initiatives and help in improving the educational system for children.