Evolution of Right to Education as a Fundamental Right

  • Rohan Madhok
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  • Rohan Madhok

    Student at Vivekananda School of law and legal studies, Vivekananda Institute of Professional Studies affiliated to GGSIPU, India

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The principal objective of this research paper is to trace the Evolution of the Right to Education as a Fundamental Right in India and to carefully analyse the various stages of its development. Education is the ground for development and empowerment of each and every country. It is the most powerful weapon which might be accustomed to change this world. Education is most definitely a fundamental right, essential for the empowerment and growth of a person along with the society as a whole. This paper starts with the status and importance given to education during the Vedic and Buddhist Era wherein, the important stages in the development of the individual’s personality were the physical, moral, intellectual, religious and spiritual development. Further this paper talks about the status of Education during the Medieval period when the Muslims kings ruled over the country and the main objective of the Educational System under the Muslim rulers was growth in Knowledge, spread of Islamic Culture and Religion, growth of character, loyalty towards the king, knowledge about arts, development of skills, education of alphabets, etc. This paper then goes on to talk about the various educational acts passed in India during the British period. Thereafter the author talks about the demand for a law on free and compulsory education which was made during the freedom struggle and the various debates held on the topic. Further the author talks about the various Landmark judgments that led to the creation of a Right to free and compulsory education. Finally, the author has analysed The Right of Children to free and Compulsory Education Act, 2009 which is presently in-force. Through this paper the author has come to Conclusion that the right to Education is essential in the interpretation of right to development as a human right. Similarly, the right to development is also considered to be a fundamental human right and the desire to obtain more qualification is an intrinsic human right. The Central Government enacted the Right of Children to Free and Compulsory Education Act, 2009 which is the Consequential Legislation to Article 21(A). However, it is not applicable to unaided non-minority and minority educational institutions. The Right to Education Act also fails to talk about millions of children who are in the age group below five years. Education should be provided free of cost. Therefore, the Parents have a significant role to make Right to Education a major success in India and it can be done only by motivating them through counselling.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3935 - 3947

DOI: https://doij.org/10.10000/IJLMH.11937

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