Right to Education: A Fundamental Right

Nobel Laureate Amartya Sen appropriately quoted that, “Education is the backbone of India”. Well realizing this fact long before, the constitutional framers inserted Article 45, 41, etc. in the Directive Principles of State Policy to ensure that the educational needs are well catered to by the State. In 2002, vide the 86th Constitutional Amendment, Article 21 A was included which guarantees free and compulsory education to children from six to fourteen years of age. A corresponding duty was levied upon the parents/guardians under Article 51 A (k). To give effect to the same, the Right of Children to Free and Compulsory Education Act was promulgated in 2009 with a view to enhance the overall quality of education in the country. However, despite the massive statutory framework, the idea of “free and compulsory education” remains to be a distant dream for the nation. The research paper would thus focus on the varied legislative and judicial initiatives undertaken to achieve the 4A’s of the right to education namely, availability, accessibility, acceptability and adaptability. It will highlight the pertinent lacunas in the aforementioned regime. Lastly, suggestions shall be made to improve the current state of affairs.