Right to Education

Table of Contents * INTRODUCTION ……………………………………………………………… 6 * RIGHT TO EDUCATION: A HISTORICAL OVERVIEW ………………………7-12 * PRE-INDEPENDENCE ERA * SUPREME COURT ON THE RIGHT TO EDUCATION * APPROACH OF VARIOUS COMMISSIONS * INTERNATIONAL TREATY OBLIGATIONS * THE 86TH AMENDMENT ACT * THE RIGHT OF CHILDERNS TO FREE AND COMPULSORY EDUCATION ACT, 2009 ………………………………………………………………………..12-15 * HIGHLIGHTS OF THE ACT * CONCLUSION ………………………………………………………………….15-16 * BIBLIOGRAPHY ……………………………………………………………….17-18

I. Introduction
Education is the most effective tool and medium for human development. Right to education has been judicially construed to fall within the guarantee of right to life in Article 21 and now it is being expressly included in Part III of the Constitution as a fundamental right. The right to education of every child is clearly a human right and its proper direction a human right issue.
Children’s right to education has close link to their right to development. India being a party to the Convention on the Rights of the Child, 1989, is committed to support development of children so as to promote their right to life under Article 21 of the Constitution of India. Education is a medium of exposure for a child to different points of view based on depiction of established facts. Education changes the mindset through a continuing process involving research, experiment and innovation. Without such practices a nation cannot expect the future citizens of this country to be informed and creative.
The education is an essential and integral component for human development, and consequently it may be regarded as a basic right, beyond security and subsistence. In fact it may even be said that if subsistence is a basic right, then education is inherent to having the capability to subsist. Here, we are not even talking about higher education, just elementary education, which is definitely necessary for everyone to be able to first

Bibliography: * D. Wilson, “Minority Rights in Education, 2002” sourced from www.right-to-education.org. * Deepa A, “A Right Full of Wrongs”, India Together, 11 September 2005. Available at: http://www.indiatogether.org/2005/oct/edu-rightedu.htm, visited on 25th August, 2006. * J.V. Deshpande, “Elementary Education as Fundamental Right” Economic and Political Weekly, September 20, 1997. * M.A. Wani, “Education as a Human right: Policy and Action in India” 40 Journal of the India Law Institute, 1998. * M.R. Madhavan & R. Manghnani, “Legislative Brief: Right to Education Bill, 2005”, India Together, 28 December 2005. Available at: http://www.indiatogether.org/2005/dec/edubill. htm, visited on 26th August, 2006. * S. Balagopalan, “Free and Compulsory Education Bill, 2004” Economic and Political Weekly, August 7, 2004. * S. Mane, “The Coming of Article 21A” 10 Lawyers Collective 15 (2003). B. Books * B. Shiva Rao, The Framing of the Constitution - Select Documents (New Delhi: Indian Institute of Public Administration, 1968). * S.P. Agrawal & M. Usmani, Children 's Education in India: From Vedic Times to Twenty First Century (New Delhi: Shipra, 2000). * Central Advisory Board of Education Committee, Report on Free and Compulsory Education Bill & Other Issues Related to Elementary Education, 2005 * Convention on the Rights of the Child. * International Covenant of Economic, Social and Cultural Rights, 1976. * Right of Children free and Compulsory to Education Act, 2009. * The Constitution of India, 1950. * The Universal Declaration of Human Rights, 1948. [ 3 ]. D. Wilson, Minority Rights in Education, 2002; www.right-to-education.org. [ 4 ]. Mohini Jain v. State of Karnataka, (1992) 3 SCC 666, at 679-680; University of Delhi v. Ram Nath, MANU/SC/0143/1963. [ 5 ]. S.P. Agrawal & M. Usmani, Children 's Education in India: From Vedic Times to Twenty First Century (New Delhi: Shipra, 2000) at127-129. [ 6 ]. Ibid, at 136-141. See Also, S. Balagopalan, “Free and Compulsory Education Bill, 2004” Economic and Political Weekly, August 7, 2004, at 3587. [ 8 ]. Bandua Mukti Morcha case, (1984) 3 SCC 161. [ 9 ]. Mohini Jain v. State of Karnataka, (1992) 23 SCC 666. [ 10 ]. Unnikrishnan v. State of Andhra Pradesh, (1993) 1 SCC 645. [ 15 ]. S. Mane, “The Coming of Article 21A” 10 Lawyers Collective 15 (2003), at 15. [ 18 ]. UNICEF Website, http://www.unicef.org/crc/crc.htm, visited on 6 November, 2005. [ 21 ]. M.A. Wani, “Education as a Human right: Policy and Action in India” 40 Journal of the India Law Institute 243 (1998), at 243-244. [ 23 ]. A. Sadgopal, “Political Economy of the Ninety-third Amendment Bill” Mainstream, 22 December, 2001 at 43. [ 24 ]. See, M.R. Madhavan & R. Manghnani, “Legislative Brief: Right of children free and compulsory Education Act, 2009”, Available at: http://www.education.nic.in/elementary/free%20and%20compulsory.pdf, visited on 5th December, 2011. [ 25 ]. Section 3, The Right of Children free and Compulsory to Education Act, 2009. [ 26 ]. The Right of Children free and Compulsory Education Act, 2009.