The Right to Education and Equal Access to Quality Education

From Policy to Practice: Examining the Reality of Educational Access and Quality for Underserved Communities

Sushavan Das

Brainware University, Kolkata, West Bengal

Ishan Sarkar

University of Engineering & Management, Kolkata, West Bengal

Abstract

This paper focuses on discriminated segments, more specifically the LGBTQIA+ community and other minority groups in India, and their education and social equity challenges. This is done by analyzing all possible past and present perspectives concerning the right to education. With the introduction of the RTE (Right to Education) Act 2009, free and compulsory primary education is guaranteed to all children aged 6 to 14, as provided in Article 21A of the Indian Constitution. The Act is expected to review the various mechanisms through which education has been imparted from ancient India to contemporary India. The study relies on the combination of qualitative and quantitative information seeking to assess the opportunities and shortcomings in the realization of these policies regarding academic, enrolment, and dropout rates effectiveness. Likewise, the whole study is concerned with the educational safeguards of the different vulnerable groups, and at the same time, major decisions aimed at protecting the rights of the LGBTQIA+ community are also studied.

The research shows there are still problems such as racism, lack of amenities, and inequality that require persistent reform and lobbying to ensure that every segment of society has the opportunity to receive a good education. This paper proposes measures that will make the Indian education system more just and equitable by undertaking a policy review of education that fosters inclusion and impacts historically disadvantaged groups.

Keywords: Right to education, LGBTQIA+ community, Article 21A, racism, vulnerable groups, discriminated segments

Introduction

No society has ignored the usefulness of education as a strategy for nurturing and maintaining the culture of every society. Older people need to share experiences and skills with the younger ones so that wisdom can be passed on without being lost in the future. Education prepares every person to know who they are, what they want, and how they can achieve it. As such, education becomes a vehicle through which meaningful lives can be lived, on one hand, socioeconomic mobility, and social and economic inequalities are decreased, thereby enabling concurrent development. The very first formal document that was enacted by the government of India to endorse the provision of primary education was the National Policy of Education (NPE) of 1968. This was also incorporated in the NPE of 1986. As the review of NPE 1986 took place in 1990, it was recommended that education should be treated as a fundamental right. This became a basis for a restatement of the National Policy of Education (1992). At the same time, India started working on legislation to make the right to education a fundamental right and signed the 1992 United Nations Convention on the Rights of the Child.

As a result, there was an amendment to the constitution through the Amendment Act of 1986 and the Right to Education Act of 2002. In India, there has long existed the Right to Education (RTE) Act which provides all children between 6 to 14 years of age with free education and is mandatory. This RTE was enforced in India on the first of April in 2010. It is a fundamental right that every citizen is expected to enjoy under Article 21A of the Indian constitution by which every child is given the right to education irrespective of any form of bias. The RTE Act requires a proportion of places in private schools to be set aside for children from the disadvantaged and Income Economically weaker sections of society, and admission based on caste, religion, or gender is also prohibited. To ensure quality education, it sets forth certain rules and measures concerning the curriculum, teacher-student ratio, and school facilities in both the public and the private sectors. Following the implementation of the Right to Education (RTE) Act, there has been an increase in enrolment and ease of access to education for previously underserved populations. Nonetheless, there remain challenges in terms of education infrastructure, teacher availability, and education quality. The government and civil society as a whole need to continuously focus on these challenges.

In India, the Right to Education (RTE) is a culmination of many historical and socio-political movements that aimed to combat oppression and promote education for all. Education during the colonial era, as well as the pre-independence era, was largely restricted to the upper classes, with scant opportunities for the unprivileged and other lower sections of society. Many sociological reformers and leaders such as Raja Ram Mohan Roy, Mahatma Gandhi, and Jawaharlal Nehru stressed education for country building as well as its population and literacy. The Indian Constitution, which was enacted in 1950, has provisions for free and compulsory education for children, as articulated in the directive principle of state policy (Article 45). These social reforms alone were not sufficient as further economic factors led to great imbalances in educational opportunities and low literacy rates. Many educational commissions and committees such as the Kothari Commission (1964-66), stressed the need for educational reform as well as raising the standard of education, as well as access to it after the country gained independence. These recommendations laid the basis for policies aimed at increasing access to education and raising its quality. The 86th Constitutional Amendment Act of 2002 brought in Article 21A, which established the right to education a fundamental right for children between the ages of 6 and 14. A significant advancement toward universal education occurred when the government approved the Right of Children to Free and Compulsory Education (RTE) Act in 2009, which came into effect on April 1, 2010.

Objectives

·        To assess the effectiveness and identify the gaps in  the implementation of “Education for All.”

·        To quantitatively analyze enrolment rates, dropout rates, and academic outcomes.

·        To conduct a qualitative assessment through case studies and stakeholder interviews.

·        To conduct a comparative analysis of the policies across various regions.

·        To examine legal frameworks and their practical applications.

·        To outline the rights of LGBTQIA+ students and transgender individuals, including those from minority backgrounds, within the educational sphere.

Historical Development of the Education System in India

Over the years, the Indian education system has developed a distinct character where value-based education is preferred to technical education otherwise referred to as ‘liberal’ or ‘modern’ education. From the earliest stages of the Vedic period, there has been a continuous tradition of learning. The most important aspects of education in such a system are character formation, preservation of individual identity combined with culture, and imparting social and religious duties. In ancient India, most people were considered equal, and training centers were known as ‘Gurukuls.’ It was common for the Guru (teacher) and the Shishya (students) to share a house or reside in close quarters. Devotees were the primary Brahminic class whom most teachers in the Indian civilization came from, and the focus of most subjects taught was how to perform sacrifices. Manu's Book of Laws expresses the highest purpose of education — “The primary obligations that lead to perpetual joy are to learn and comprehend the Vedas, perform pious mortifications, gain divine knowledge of the Law and Philosophy, and respect his natural and spiritual father.”

One of the earliest and most significant of all existing education centers in India was the Banaras Hindu University and Taxila, the Buddhist academic center, which was known for Medicine, Law, and Military Science and drew many scholars from various places in India. Sarnath Monastery was established by Ashoka and with it, a central monastic institution for learning emerged which attracted large numbers of Buddhist monks.

The Medieval period literature was rich in metaphors, imagery, adjectives, and even adverbs along with other figures, which made the scope of Sanskrit wide open. With the gap between the land owners and the common people widened, business became tough and the livelihood status of the peasants was hard to understand by the common people. Control over the literature became an elitism trend which triggered an authoritarian spirit over intellectual life. Education was a prime asset during the Mughal era. Akbar nationalized the madrasas, which were certain forms of educational institution. A great number of these schools were built during Humayun's rule with an emphasis on both scientific and religious knowledge. Medical science is acknowledged to be much less than in Aleppo, Egypt, or Iran. However, some pupils were sponsored to go overseas for higher studies.

During the time of British rule, Western science and literature made great strides owing to the use of English as a medium of communication. Not only did several Christian missionaries impart religious education but they also played a vital role in enhancing adult literacy, women’s education, and education for all. It is notable that even after the British were successful in dismantling the traditional gurukul and other ancient religion-based holistic educational institutions in the country, the new British education revolution did merge various states and regional kingdoms while tackling caste and gender inequalities. It was noted that after the victory in Bengal in 1757, education emerged as a profitable venture, and as a result, a school construction boom occurred in the region. There were a ton of ads showcasing the schools’ amenities, activities, and even the cost of attendance. A major focus was placed on girls’ education, and new programs like dance, embroidery, and sewing were introduced. On the other hand, boys were given accountancy and mathematics as special subjects along with the regular ones.

By offering financial support to local Indian intellectuals to revive and develop their literature and by using a variety of strategies to encourage the sciences among the people living in British territory, the Charter Act of 1813 revitalized the educational system. Notwithstanding the methodological flaws in the implementation of its intended objectives, the Charter Act of 1813 was regarded as an outstanding piece of legislation and a significant endeavor by the British government in the area of education. Lord Macaulay (Minutes of 1835), Wood's 1854 dispatch, renowned as the Magna Carta of English Education in India, the Indian Education Commission of 1882, the Shimla Conference in September 1901, and the Government Resolution on Educational Policy of 1913 were the next steps in the reform of education., and lastly, some of the significant advancements in education during British India include the 1917–19 commission on Calcutta University. Under the 1919 Montagu-Chelmsford Reforms, the education department was placed under the control of the provincial government.

Constitutional Provisions on Education

During the framing of the Constitution as well as the internal debates of the lawmakers, the education system was an area of focus. The right to education was not incorporated into the third part, which lists the fundamental rights of the citizens of India. Due to immense talk on the age of the child, the language used, and minority considerations, the right to education was left out. “The State shall endeavor to provide, within ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of 14,”[1] States Article 45 (Directive Principles of State Policy) of the Indian Constitution. In the same breath, Article 29 states “No citizen shall be denied admission to any educational institution maintained by the State or receiving aid from State funds solely on the grounds of religion, race, caste, or language.”[2] But there was no mention of primary or basic education for every citizen, regardless of the social or economic setting they were in. There was also no mention of sprucing the right to education in Part III of fundamental rights.

Last but not least, the Supreme Court of India’s decision led to the amendment of the Constitution to include the right to education as a fundamental right. The 86th Amendment of the Constitution, passed in 2002, Education as a fundamental right was the most important amendment of the Constitution. Under this amendment, Article 21A was added to Part III of the Constitution, which provides that every child between the ages of 6 and 14 years shall have the right to free education and that it shall be compulsory.

The Right to Education Act (2009)

It is an incontrovertible fact that every individual has equal access to education, which is essential for fully developing their potential and becoming a well-rounded person. To achieve the goal of universal education, Article 21A of the Constitution mandates that the state provide education to all individuals. “The State shall provide free and compulsory education to all children aged six to fourteen, in a manner determined by law.”[3] This is explicitly stated in the Constitution of India. By this article, the Right of Children to Free and Compulsory Education Act, 2009 (RTE) was enacted and came into effect on April 1, 2010. The RTE Act of 2009 is child-centric and proposes a reorientation of teachers to adapt to the needs of their students. It aims to provide primary education to all children aged  6 to 14 years as a fundamental right. The act also mandates a 25 percent reservation for disadvantaged sections of society, which include Scheduled Castes (SCs), Scheduled Tribes (STs), Socially Backward Classes, and differently-abled children. It makes provisions to include dropouts and other children in classes appropriate for their age. Sharing of the responsibilities between central and state governments towards the financial and other educational assistance to the children, prohibition of deployment of teachers for non-educational work except specified under the Act, and providing safety and security by eradicating fear, trauma, and anxiety through establishing child-friendly and child-centred learning are some of the important features of the Act.

National Education Policies

The nation saw several commissions, including the Kher Committee on Primary Education (1948), the Mudaliar Commission on Secondary Education (1953), the Radha Krishnan Commission on University Education (1948–49), and the Kothari Commission (1964–66), which was the final and most extensive effort at education. The Government of India established the “National Policy on Education (NPE) 1968” in response to the recommendations of the Kothari Commission. Three language formulas, mandatory education for students aged 6 to 14, sufficient resources, training opportunities, and autonomy to enhance teachers' teaching abilities; equal access to education regardless of one's physical, social, or economic background; emphasis on tribal and underdeveloped areas; involvement of the local community to foster national integration; significance of science, math, agriculture, and technical education to boost the economy; an assessment to discover students' talents; and affordable book prices thorough pattern of inspection; relevance of technical and vocational training at the secondary education level and expansion of secondary education to remote areas; considerable importance to university education; establishment of part time courses in large scale; among the key provisions of NPE 1968 are the following: a uniform educational system across the nation based on the 10+2+3 pattern; protection of minority educational interests; a special emphasis on adult education; the inclusion of sports and games in the curriculum; and Policy reviews will be conducted every five years.

It was a continuous effort to bring about changes in the education system. After a significant period, the government implemented the National Education Policy of 2020. By offering top-notch education to everyone, “an education system rooted in Indian ethos that directly contributes to transforming India, that is Bharat, sustainably into an equitable and vibrant knowledge society, thereby making India a global knowledge superpower,” the National Education Policy, 2020 (NEP) aims to drastically transform education.[4] The objective of the policy is to achieve universal access to pre-primary education, with a specific focus on ensuring that all individuals acquire fundamental literacy and numeracy skills by 2025. It proposes an array of changes at all educational levels aimed at ensuring school quality, such as curriculum reform and pedagogy using a 5+3+3+4 design that encompasses the students in the 3–18 age group, improving training for educators, reorganizing the educational regulatory framework, and reforming the present examination and evaluation system. The National Research Foundation's establishment, the shift towards multidisciplinary and holistic education, institutional autonomy, the promotion of high-quality research, the ongoing professional development of teachers, the integration of technology, the internationalization of higher education, the restructuring of governance and regulatory architecture, multidisciplinary curricula, engaging blended pedagogy, valid, reliable, and blended assessment, and the availability of content in Indian languages are just a few of the topics on which NEP, 2020 offers valuable guidance and recommendations on higher education.

The National Council for Teacher Education (NCTE) Act, 1993

With the introduction of the NCTE Act, it was possible to set up educational standards for training centers to encourage effective teaching at all levels. Regulations have been provided for teachers and the content of education to meet the main objectives set out in the Right to Education (RTE) Act. The Indian Government created the National Council for Teacher Education (NCTE) in 1993, which has served as the national regulatory agency for primary and secondary teacher education in India. The development of the Council was led by the National Council for Teacher Education Act of 1993. Since 1993, this Act has functioned as a Teacher Education Quality Improvement framework for all the states of India.

The Sarva Shiksha Abhiyan (SSA)

The SSA ensures that all students from different states in India are provided with primary education. State governments are supported financially and are given help in the administration of RTE norms, which makes getting primary education easier through the assistance given. The Government of India works towards offering primary education and as children progress within the education sector, additional aid is also provided. The government started the program in 2001 to ensure that every single child from the age of 6 – 14 can go to primary school and receive an education. They also aim to ameliorate the educational standards in the country by changing the performance level of students from different backgrounds.

A Critical Analysis on LGBTQIA+ Rights in Educational Arena

According to Article 21A, every child in India aged 6-14 years is entitled to free and compulsory education. There is, however, social stigma that stands in the way of receiving a good education from students from the LGBTQ+ and transgender backgrounds.

Problems Faced by LGBTQIA+ Individuals and Transgender People in India

1.     Discrimination and Bullying: LGBTQ+ and transgender students frequently encounter discrimination and harassment at school which causes an unfriendly and unwelcoming environment.

2.     Lack of Representation: Most institutions and additional curricular activities fail to represent transgender students and LGBTQ+ individuals, thus making them even more invisible.

3.     Inadequate Support Systems: Most schools fail to provide adequate support systems in safe spaces for transgender and LGBTQ+ students.

Article 21A and LGBTQIA+ Rights

1.     The Right to Education: Article 21A of the Indian Constitution provides that every child including LGBTQ and transgender students has the right to education.

2.     Non-Discrimination: This Article marks the right of non-discrimination in education, which is also a protection against discrimination based on caste, creed, color, sex, and religion.

3.     Inclusive Education: Article 21A right can be considered to include a right to inclusive education, an environment creation and sustenance provision for every student regardless of their sexual orientation, religion, identity, or place of birth.

Landmark Judgments and Policies

NALSA v. Union of India (2014): The judgment was of a paradigm shift nature by the Supreme Court of India which recognized the rights of transgender individuals, among others their right to self-declare their gender. The case was on the petition filed by the National Legal Services Authority on granting recognition and legal standing to individuals who are beyond the male-female gender binary, including third-gender people.[5]

Key Issues and Decisions

The court had to resolve the question of whether a person who does not fit into the either male or female category in the binary system can be legally recognized as a third-gender individual. The court debated if this issue is related to the violation of fundamental rights enshrined under the constitution of India. Finally, the court took up transgender individuals' right to self-identify and for that purpose declared Hijras can be identified legally as third gender. The court also explained that gender identity is not about biological characteristics rather it is an innate perception of one’s gender.

The National Education Policy (2020) is a policy document and not a legal pronouncement. Nonetheless, it does reflect some salient information concerning the major characteristics and consequences of the policies.

Introduction and Highlights of NEP 2020 on National Education Policy

The New Curriculum Framework is composed of 5 + 3 + 3 + 4 — starting from the age of early childhood education till the 13th Standard.

·       Multi-Disciplinary Education: We are calling for a multi-disciplinary education where students can get the chance to pursue a wide range of passions.

·       Flexible Credit System: Students can get credit & transfer from their respective institutions.

·       Autonomy vs Accountability: Improve institutional autonomy through clear assessment/ accreditation methods also to address violence, and accountability demanded from all actors.

Inclusive education practices integration to accommodate diversity across and within the country's education system and tailor instructional responses to students' needs to improve educational results.

Children in Indian Government and Article 24 of the Constitution of Children with Right to Education

Child labor in factories and hazardous occupations has been made illegal under the Constitution of India (Article 24) so it allows the child’s right to study also protected under it. Article 24 is important for the benefits and rights of Indian Children.

·       No Employment: Article 24 is against employing any child under 14 in factories, mines, and other dangerous work. The Rights of children in view need to be more protected and their physical, mental, and emotional well-being must be guaranteed.

·       Right to Education: The features of Article 24 indirectly settle that if child labor is prohibited then the right to education comes along and children are given the option to go to school to learn and learn skills.

Landmark Judgments

Bandhua Mukti Morcha v. Union of India (1984): The Supreme Court directed the government to implement measures aimed at eliminating child labor and ensuring education for working children.[6]

The Child Labour (Prohibition and Regulation) Act of 1986: This act prohibits the employment of children in hazardous and harmful occupations and regulates their employment in non-hazardous occupations, ensuring a safe and conducive working environment.[7] 

The Impact of Article 24 on Education

·       Increased Enrolment: By prohibiting child labor, Article 24 has facilitated an increase in school admission rates, particularly among groups belonging to backward classes.

·       Reduced Dropout Rates: The Article has contributed to a decrease in dropout rates, allowing children to attend school instead of having to work.

·       Improved Learning Outcomes: By ensuring that children attend school instead of working, Article 24 has contributed to improved learning outcomes and better educational attainment.

LGBTQ+, Transgenders in Right to Education under Article 29 (1) of the Indian Constitution

For all citizens including LGBTQ+ individuals, the Indian Constitution guarantees the right to education under Article 29 of the Indian along with Transgenders and children from scheduled caste/tribe preferences. It emphasizes That ALL (equal to) education must be fair and not based on caste, creed, or color. Or gender or religion.

Key Provisions of Article 29

1.     Interests Enjoys Protection: Article 29(1) protects different classes of citizens like LGBTQ+, transgender people, and children belonging to a different script or language.

2.     To conserve culture: Article 29(1) recognizes the right of a group of people to mold its culture, language, and script.

3.     Right to Establish Educational Institutions: Article 29(2) gives anyone or a group of citizens to establish educational institutions as they may desire.

Application of Article 29 to LGBTQ+, Transgender & Children

·       Inclusive education: Article 29 can be used as an argument for claiming to inclusive and supportive environment for every student the aspects of caste, gender, and creed are minor.

·       Non-Discrimination: Article 29 provides the right for equal treatment in education, prohibiting discrimination based on sexual orientation stages and castes.

·       Equal Educational Opportunity: Article 29 assures equal opportunity to all the citizens of India including LGBTQ+ persons children and trans, who are not subjected to any discrimination due to the reason of caste or religion.

Deconstructing Education for Minorities

Legal Frameworks

The Charter on the Rights of International Human Beings outlines the right to education as a fundamental human right. According to the Universal Declaration of Human Rights (1948), Article 26 states that “everyone has the right to education.” The International Covenant on Economic, Social, and Cultural Rights (1966) elaborates on this right, to explain how education is essential for the growth of people and their communities. National laws and policies also uphold the right to education for minority groups. For instance, in the United States, the Civil Rights Act of 1964 included Section 601, which prohibited discrimination based on race, color, or national origin in any program or activity that receives federal financial assistance.

This paper will examine the educational rights of minorities as stipulated under Article 21A of the Indian Constitution. Education for All is guaranteed by Article 21A of the Indian Constitution for every child between the ages of 6 and 14 years.[8] It is under this provision that the country has taken significant steps toward achieving its Vision 2025 for the universalization of elementary education. However, minority communities continue to encounter challenges in exercising this right.

According to Article 21A of the Constitution, “It shall be the duty of the State to provide free and compulsory education to all the children of the age of six to fourteen years in such manner as the State may, by law, determine.”[9] This is a directive principle of the state policy, which, in simple terms, implies that the state is under a duty to do it.

Measures Relevant to the Education of Minority Groups

·       Free and Compulsory Education: Article 21A inserts a new proviso that the State shall, in particular, provide free education to all children of the age four to fourteen years regardless of their community while in respect of this section Article.

·       Part 21A Special Provisions for Minority Education: Including the State shall not only facilitate the establishment of special devices in schools where the percentage of minority pupils is high.

Key Challenges

·       Accesses: Infrastructure & Resources – Schools coming under Minority groups, usually lack proper infrastructure, and there's a lack of available resources such as labs, and rooms that qualify teachers to do instruction-aids.

·       Discrimination and Bias: Minority students are systematically stereotyped, and receive cultural insults and offenses within the educational system.

·       Communication Problems: Other cultural disadvantages are language difficulties; i.e., minority students do not understand what it means to be lucid with the language being taught as a medium of instruction.

Minority Educational Institutions' Rights

The rights expressly guaranteed in Article 29(1) include the rights of minority educational institutions; the Article holds thus: “No citizen shall be denied the right of admission into any educational institution which is maintained by the state or receiving aids out of state funds on the premise of religion, race, cast or language or any of them.”[10] This provision guarantees the ethnic character and independence of minority educational establishments.

Standards of education, provisions for tribal and other marginalized communities, as well as minorities, and the established criteria for educational quality in their institutions.

1.     Protection of Minority Institutions: Article 29(1) guarantees that minority educational institutions have the right to preserve their minority status and cultural identity.

2.     Admission to Educational Institutions: Article 29(2) makes sure that the state shall not make any discrimination on the line that no citizen shall be admitted into any educational institution maintained by the State or receiving aid out of some state fund on the grounds only of religion, race, caste, language, or any of them.

3.     The Right to Preserve Culture: Article 29(1) grants minority groups the freedom to maintain their cultural, linguistic, and religious heritage.

Landmark Judgments

St. Stephen's College v. University of Delhi (1992): In the court’s ruling, the minority educational institutes are free to prescribe the policy of reservation for the members of that community in their total seats.[11]

T.M.A. Pai Foundation v. State of Kerala (2002): It expanded that rights are not absolute and insurmountable as they are subject to social justice and the writs of courts.[12]

The right to education under Article 21A of the Constitution of India is guaranteed whether they are a minority or not. Yet this right is only very partially enforceable in favor of the minority. With these challenges in mind, it is paramount to settle problems over lack of infrastructure and resources as well as discrimination-based, biased inclusive education of varied learners. One of the greatest challenges needing attention is the equality of education rights for minorities.

This paper is intended to show that national & international laws do not protect the minority from the deficiencies in education quality. The conditions for the protection of minority rights in India are provided by Article 29 like one right is to be educated. This Article ensures that minority communities can preserve their cultural, linguistic, and religious identities and that minority educational institutions can maintain their autonomy and cultural identity.

To address these challenges, it is essential to:

·       Promote Inclusive Education: Promotion of inclusive education policies and practices that embrace diversity.

·       Address Discrimination and Bias: Ensure that discrimination and bias in education are combatted by policy and program.

·       Increase Representation: Expanded the rights of minorities in education, employment, curriculum, administration and faculty.

·       Provide Adequate Resources: Minority schools should be given attention as far as funds, facilities, and equipment are concerned.

Judicial Responses on the Right to Education

Originally, the Article referring to the right to education was incorporated under the Directive Principles of State Policy rather than being placed under the Fundamental Rights. Assumptions can be made that the framers of the Constitution intended for the state to be responsible for providing quality education to its citizens, regardless of their social or economic backgrounds. The Supreme Court has consistently strengthened its commitment to uphold the right to education when it has been denied. While upholding the right to education as a fundamental right under Article 21 of the Constitution, the Supreme Court in “Mohini Jain v. State of Karnataka, (1992)”, observed that a citizen cannot be denied the right to education by charging an exorbitant fee in the form of capitation fee.[13] Proceeding in this line, the Supreme Court in Unni Krishnan J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645, reiterated the same and further held that every citizen has a right to education until the age of 14 years at free of cost and thereafter it is subjected to the economic and capacity and development of the State.[14] Based on these judgments, the Constitution was amended to include three new provisions: Articles 21A, 45, and 51A. “All children between the ages of six and fourteen shall receive free and compulsory education from the State in a manner determined by law,” states Article 21A[15]. The State shall make every effort to provide preschool education and care to all children until they reach the age of six, Article 45. According to Article 51A, “Whoever is a parent or guardian to provide access to education for his child or, as the case may be, ward between the ages of six and fourteen”[16] The aforementioned Articles indicate quite evident that the state and the child’s parents or guardians are required to offer free education for children under the age of 14 as well as early childhood care for those under that age.

“Pramati Educational and Cultural Trust v. Union of India, (2014)” This case focused on the validity of the RTE Act, particularly regarding the obligation of private unaided schools to reserve seats for economically weaker sections (EWS) and disadvantaged groups. The Supreme Court upheld the constitutional validity of the provisions of the Right to Education (RTE) Act concerning the 25% reservation for Economically Weaker Section (EWS) students in private schools.[17] The case of “Society for Un-aided Private Schools of Rajasthan v. Union of India, (2012)”, challenged the provision of the Right to Education (RTE) Act that mandates a 25% reservation for Economically Weaker Section (EWS) students in private schools. The Supreme Court upheld the constitutional validity of the provision, stating that it aimed to promote social justice and ensure equal access to education for all children.[18]

Inference

People deserve access to education to foster personal growth, while institutions establish the foundation for community advancement. Three essential provisions in the Indian Constitution—specifically Articles 21A, 24, and 29, guarantee every individual the right to education. The regulations collectively protect educational access for all citizens while ensuring support programs for transgender individuals and LGBTQ+ communities from minority groups. The law, as outlined in Article 21A, mandates that the state provide free educational services to children aged 6 to 14 years. The law recognizes that education fosters virtuous individuals and advances our society. Low-income communities face numerous challenges in exercising their rights under Article 21A, which impede their children's access to quality education.

Article 24 prohibits children from engaging in hazardous employment and ensures their access to education, regardless of their backgrounds. The provision ensures that children receive their fundamental right to education by prohibiting work during their school years. Article 29 allows minority communities to establish and operate their educational institutions, just like any other group. This rule helps protect diverse cultures while ensuring that schools are inclusive for everyone. Minority groups, including transgender individuals and the LGBTQ+ community, continue to face significant challenges in accessing quality education, despite constitutional protections. Schools continue to discriminate against and exclude students, forcing many to leave their education prematurely and hindering their opportunities for social advancement.

REFERENCES

[1] MINISTRY OF EDUCATION,

https://www.education.gov.in/directive_principles_of_state_policy_article-45 (last visited Jan 19, 2025).

[2] Tarun (T.) IAS, Articles 29 and 30: Cultural and educational rights, TARUN IAS BLOG (Jan 19, 2025, 10:00 A.M), https://tarunias.com/exams/upsc-notes/article-29-and-30-cultural-and-educational-rights/.

[3] NATIONAL PORTAL OF INDIA, https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-sixth-amendment-act-2002 (last visited Jan 19, 2025).

[4] Ministry of Human Resource Development, Government of India, National Education Policy 2020, https://www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf.

[5] Supreme Court Observer, Challenges to Transgender Persons Act, SUPREME COURT OBSERVER (Feb 07, 2022), https://www.scobserver.in/cases/swati-bidhan-baruah-union-of-india-challenges-to-transgender-persons-act-case-background/.  

[6] S Nithyasri, Case commentary: The Issue of Bonded Labour Dealt under the Case of - Bandhua Mukti Morcha v/s. Union of India, 3, WHITE BLACK LEGAL LAW JRNL. 7, 8-9 (2024).

[7] CHILD LABOUR COMMISSIONER (CENTRAL), https://clc.gov.in/clc/acts-rules/child-labour-prohibition-and-regulation-act-1986 (last visited Jan 20, 2025).

[8] L.P. Laxminarayan Prajapati, Right to Education, DEPT. OF SCHOOL EDUCATION & LITERACY (Jan 20, 2025, 12:00 P.M), https://dsel.education.gov.in/rte.

[9] L.P. Laxminarayan, supra note 8, at 13.

[10] Constitution of India, Article 29: Protection of interests of Minorities - Constitution of India, CONSTITUTION OF INDIA (Mar 31, 2023), https://www.constitutionofindia.net/articles/article-29-protection-of-interests-of-minorities/.

[11] St. Stephen's College v. University of Delhi (1992) AIR 1630.

[12] T.M.A. Pai Foundation v. State of Kerala [2002] Supp. (3) S.C.R. 587.

[13] Mohini Jain v. State of Karnataka, (1992) 3 SCC 666.

[14] Unni Krishnan J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645

[15] Constitution of India, Article 21A: Right to Education - Constitution of India, CONSTITUTION OF INDIA (Mar 31, 2023), https://www.constitutionofindia.net/articles/article-21a-right-to-education/.

[16] Constitution of India, Article 51A: Fundamental duties - Constitution of India, CONSTITUTION OF INDIA (Apr 21, 2023), https://www.constitutionofindia.net/articles/article-51a-fundamental-duties/.

[17] Pramati Educational and Cultural Trust v. Union of India, (2014) 8 SCC 1.

[18] Society for Un-aided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC 1.