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Right of Children to Free and Compulsory Education – Article 21A

Article 21 A of Indian  Constitution provides for right to education. The Right to education was inserted by the constitution eighty sixth amendment act 2002. Article 21 A provides that the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may ,by law ,determine.

The supreme court in Bandhua Mukti Morcha v. Union of India  while interpreting the scope of the “right to life “under article 21 ,held that right to life was the most compendious expression for all those rights which the court must enforce were basic to the dignified enjoyment of life .”The right to education  vows directly from right to life .“

The supreme court in unni krishnan v State of Andhra Pradesh  held that the right to education was a fundamental right under Article 21. Education shall be free ,at least in the elementary and fundamental stages. The right to education also includes a responsibility to provide basic education for individuals who have not completed primary education from the school and college levels.

The ‘compulsory education ‘means obligations of the appropriate government to provide free elementary education and ensure  compulsory education to every children in the age group of six to fourteen. Right to education act came into effect on 1 April 2010. It is the first step to tackle poverty, the view was that if all the people can get education then the poverty can be reduced.

At the point of conclusion, the universal education will take it’s own time  and the initial attempt should be to give good education to all those who want it. If children are not going and the learning results are below the desired level ,then children putting on a clean uniform and attending school has its merits.

By Raushni Ranjan Pradhan                                                                                                                                                                                                                                                                                                                                             

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