Right to education Act 2009

2. “THE RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION IN INDIA–
A CRITICAL ANALYSIS
By
Rajashree J. Jawale.
Assistant Professor,
Rayat Shikshan Sansthas,
Ismailsaheb Mulla Law College, Satara

3. I Introduction
Education is the power and it should be given to
everyone.
Education is the process of getting knowledge.
 Right to education is a part and parcel of right to
life and personal liberty. This right flows directly
from right to life.
According to Roscoe pound, right should be
recognized, protected and guaranteed by law.
 Education is like foundation of all civilized states
and it is a fundamental duty on the part of state to
provide it and because of which the parliament of
India had passed The Right of Children to Free

4. LIMITATION ON MY STUDY

5. Concept : Education is the power and it should
be given to everyone. Education is the process of
getting knowledge and wisdom.
Assessment of fulfillment The 4 As :
These are
 (1) availability,
(2) accessibility,
 (3) acceptability and
 (4) adaptability.
Historical development:

6. II. Right to Education and
International Standards
The Universal Declaration of Human Rights
states, "Everyone has the right to education
The International Covenant on Economic,
Social and Cultural Rights everyone has the right
to education and that education should contribute
to the full development of the human personality
Convention on the Rights of the Child (CRC)
Article 29 stipulates that the education of the child
shall be directed towards the development of the
child’s personality, talents, and mental and
physical abilities to their fullest potential.

7. NATIONAL PERSPECTIVES
TOWORDS THE RIGHT TO
EDUCATION IN INDIA
In inia Article 21
Article 21 A
Article 45
Part III and Part IV of the indian constitution
Goal based Approach
Legislative and Judicial Perspectives in India

8. III. Nature of Right to Education in
India – Legislative and Judicial
perspectives:In case of Mohini Jain V State of Karnataka
 (1992) 3 SCC 1858
In case of Unnikrishnan v State of A P
 (1993) 1 SCC 42179-2254
T.M.A.Pai Foundation case 2002
P.A Inamdar V State of Maharashtra
Ashok KumarThakur V union of India

9. PROVISIONS
Spurred by the Unnikrishnan judgment and a
public demand to enforce the right to education,
successive governments from 1993 worked
towards bringing a constitutional amendment to
make education a fundamental right. That led to
the 86th amendment in December 2002 which
inserted the following articles in the Constitution
Article 21A, Article 45, Article 45 clause (k)

10. IV. Impact of Judicial Decisions On The Right
of Children to Free and Compulsory Education
(RTE) Act, 2009 - The following are the
important highlights of the Act.Right of Child to free and compulsory
education
Special Provisions for children not admitted to
or who have not completed elementary education

11. Some important point which is
in conflict with Right to
Education Act 2009
1. Who is Child?
2. flexible or Ambiguous?
3. Quality : Real or Theoretical?
4. Who is Accountable?
5. Implementation in true spirit of law.etc.
6. whether it is namesake right?

13. IMPORTANCE OF THIS STUDY
Children’s are supremely important national
Asset. In India providing education to all the
citizens is a constitutional commitment. Children
are vulnerable and exploitable especially when
they are very young. Right to Education Act 2009
which gives them special protection and makes
them free from their problems. Right to Education
is the need of the hour and it has to be
reformulated in precise manner.

14. ????
Whether Right to Education in India is uncertain
and ambiguous and needs to be reformulated?
Whether The Right of Children to Free and
Compulsory Education Act 2009 ensures free and
compulsory education in a true spirit of law?

15. The Right of Children to Free and
Compulsory Education Act (RTE),
2009

16. IMPORTANT STUDY
KEY POINTS TO BE DISCUSSED
TEACHERS
CHILD?
EDUCATION?
FREE EDUCATION?

19. EQUALITY, NON-
DISCRIMINATION AND DIGNITY
IS IMPORTANT PART OF RIGHT
TO EDUCATION

20. DUTY OF STATE , PARENT AND
SOCIETY
PROTECTION AND PROMOTION OF RIGHT
TO EDUCATION AS A FUNDAMENTAL
HUMAN RIGHT.
IMPLIMENTATION OF RIGHT TO
EDUCATION ACT 2009,
PREAMBLE OF THE INDIAN CONSTITUTION
ARTICLE 51-A FUNDAMENTAL DUTY

24. CONCLUSION AND
SUGGESSIONS
India's Parliament passed the Right to Education
Act in 2009, which entitles all children 6–14 years
old to at least eight years of schooling. This paper
examines the cost of achieving this right to
education, and asks whether India can fill the
financing gap that must be filled if the right is to be
realized. The paper notes the very considerable
increase in central and state government allocation
implied by the Act, and finds that there will be
difficulties in finding the resources, given the large
fiscal deficit occasioned by the global economic
crisis. However, the paper goes on to suggest a

27. “RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION” IN INDIA- A
SOCIO-LEGAL PERSPECTIVES

29. MID DAY MEAL

32. LOVE , CARE AND PROTECTION OF
CHILDREN

33. THANK YOU

34. Right to education need to be
reformulate in true spirit of law
EDUCATION IS THE MOVEMENT FROM
DARKNESS TO LIGHT

35. References
Right to Education Act 2009 : Critical gaps and
Challenges , Article by Pravin Jha , Pooja Parvati
The Role of Judiciary in implementing Right to
Education in India- An Analysis by Mrs Kavita
and Sharma, Nyaya Deep,
Can Right to education be fundamental right? By
Nagasaila and Suresh
Right toEducation as a human right. By Shrudha
Tiwari, Indian Bar Review, Vol. (3)BCI Delhi.
Right to Education as a Constitutional
perspectives. By Prof.(Dr.) Basavaraju and others

36. THANK YOU