EK KADAM SHIKSHA KI AUR

A RIGHT TO FREE AND COMPULSORY EDUCATION AWARENESS CAMPAIGN

Introduction
Education's purpose is to replace an empty mind with an open one. Our learned Constitution
drafters appreciated this fact and thus integrated Article 45 in the Constitution of India,1 as a
Directive Principle of State Policy. It provides for free and compulsory education for all children
until they complete the age of fourteen years.

However, although Directive Principles of State Policy are positive obligations on the State, they
are not enforceable in a court of law. Due to this unenforceability, the goal under Article 46 of
providing free and compulsory education for all children up to the age of fourteen years within ten
years of promulgation of the Constitution could not be achieved even after fifty years of its
adoption. In order to fulfill this goal of universal and quality education, a need for an explicit
provision for the same in the Fundamental Rights under the Constitution of India was felt. In view
of this, the Constitution (Eighty-sixth Amendment) Act, 2002 inserted a new article, namely
Article 21A in the Constitution of India to provide free and compulsory education of all children
in the age group of six to fourteen years as a Fundamental Right. Additionally, following
amendments were made in Part III, Part IV and Part IVA of the Constitution -

a) to provide for free and compulsory education to children in the age group of 6 to 14 years
and for this purpose, a legislation would be introduced in Parliament after the Constitution
(Ninety-third Amendment) Bill, 200l is enacted;
b) to provide in Article 45 of the Constitution that the State shall endeavour to provide early
childhood care and education to children below the age of six years; and
c) to amend Article 5lA of the Constitution with a view to providing that it shall be the
obligation of the parents to provide opportunities for education to their children.

1
Article 45, THE CONSTITUTION OF INDIA, 1950. “The State shall endeavor to provide, within a period of ten years
from the commencement of this Constitution, for free and compulsory education for all children until they complete
the age of fourteen years.”
As envisaged under point (a), an enabling legislation, The Right of Children to Free and
Compulsory Education Act (RTE) was enacted in 2009, which explains the modalities of the
importance of free and compulsory education for children between 6-14 years of age in India under
Article 21A of the Constitution of India. With this, India moved to a rights based framework that
casts a legal obligation on the Central and State Governments to implement this Fundamental Child
Right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the
RTE Act.

These developments culminated due to various landmark Supreme Court judgments too. In Mohini
Jain v. Union of India,2 the Supreme Court recognized the Right to Education as a Fundamental
Right and observed that:

“12. 'Right to life' is the compendious expression for all those rights which the
courts must enforce because they are basic to the dignified enjoyment of life. It
extends to the full range of conduct which the individual is free to pursue. The right
to education flows directly from right to life. The right to life under Article 21 and
the dignity of an individual cannot be assured unless it is accompanied by the right
to education. The State Government is under an obligation to make endeavor to
provide educational facility at all levels to its citizens.”

Further, in J. P. Unnikrishnan v. the State of Andhra Pradesh,3 the Court followed the principle
that the Right to Life was not restricted to mere animal existence, and that it had to be a life with
human dignity. It thus gave imperative for the Government to insert Article 21A for free and
compulsory education for all those under the age of 14. The implication was that in the event of
the State failing to provide for said primary education, there is ground for legal remedy under
Article 32 and Article 226 (writ jurisdiction), which is not available for Directive Principles of
State Policy. It also observed that –

“171. Right to education, understood in the context of Articles 45 and 41, meant:
(a) every child/citizen of this country has a right to free education until he
completes the age of fourteen years and (b) after a child/citizen completes 14 years,

2
(1992) 3 SCC 666.
3
AIR 1993 SC 2178.
 his right to education is circumscribed by the limits of the economic capacity of the
state and its development. We may deal with both these limbs separately.”

Thus, there is a long history of the development of Right to Education in India. However,
unfortunately, the ultimate goal has still not been achieved. This is evident from various studies
and surveys conducted to examine whether all children in age group of 6-14 years are going to
school, wherein the results are in negative. One such survey was conducted by the Haryana State
Legal Services Authority (HALSA) in the districts Panchkula and Narnaul, wherein it found
disheartening results.
With an aim to improve the statistics of the study, HALSA endeavours to launch a State-wide
awareness campaign for Right to Free and Compulsory Education of children in age group 6-14
years. It not also aims to spread awareness about this Right, but also to ensure that the said basic
education is actually imparted to the children by eliminating all the barriers and thus bridging the
gap between them and the schools.

Aims and Objectives

 To spread awareness about the Right to free and compulsory education of all children in
the age group of six to fourteen years, as part of Article 21A of the Constitution of India
and The Right of Children to Free and Compulsory Education (RTE) Act, 2009.
 To identify the different sections of children who are currently not going to school in the
age group of six to fourteen years.
 To determine the causes and barriers faced by such children in exercising their Right to
education.
 To make efforts to eliminate these causes and ensure free and compulsory education for
the identified children.

Strategy
 To sensitize the Panel Advocates and Para Legal Volunteers (PLVs) about the Right to free
and compulsory education of children of age group 6-14 years, and the various schemes
and activities of National Legal Services Authority (NALSA) and Haryana State Legal
 Services Authority (HALSA) for the implementation of the same. They would be trained
adequately and sufficiently, so that they can further spread awareness.
 Outreach teams to be constituted in each District Legal Service Authority (DLSA) across
the State of Haryana, consisting of the sensitized PLVs and Panel Advocates, and CJM-
cum-Secretary, DLSA as the nodal officer. These teams are to perform activities as given
under the following section in association with local NGOs and government bodies.

Activities
 To conduct a survey in all parts of the district to identify the children in the age group 6-
14 years not going to school. They may be divided under various categories on basis of the
different reasons for them not getting basic education.
 To organize awareness camps in remote areas, villages and slums to spread awareness at
the grass-root level. Appropriate areas for the same to be determined by the DLSA.
Apart from description of Right to education, emphasis to be laid on motivating parents to
send their children to study, and not engage them in work, by explaining its long-run
benefits.
As part of these awareness camps, teams are to also interact with the children identified as
currently not going to school and their parents to understand the various barriers faced by
them while exercising their Right to education.
 To hold awareness camps in schools and colleges to impress upon the young generation,
our future leaders, the need and importance of successful implementation of Article 21A
of the Constitution of India and The Right of Children to Free and Compulsory Education
(RTE) Act, 2009. To also encourage them to spread the imparted knowledge further, and
to motivate children of age group 6-14 years around their homes not going to school to get
basic education.
 After identifying the children of 6-14 years of age not going to school, and the various
reasons behind the same, efforts to be made to eliminate the causes of the identified
barriers. The causes may be varied, like – parents’ interests in making their children work
rather than study for some extra money, i.e. child labour, long distances between certain
remote areas and nearest schools, lack of transport facilities, complex admission processes
 and policies of schools etc. Thus, efforts must be made to obliterate these barriers from the
root.
 To tie up with the Education Department and Child Welfare Committees (CWCs) for
smooth implementation of the proposed solutions for the removal of identified barriers to
free and compulsory education for all. Some solutions may be to –
1. Provide incentive to go to school regularly, like providing a hot and nutritious meal;
conducting engaging competitions and activities like painting, dancing, singing;
taking the children to places like parks, magic shows, puppet shows etc.; organizing
skill training classes like sewing, computer training, cooking etc.; providing free
medical facilities, uniforms, books etc. Such incentives would not only encourage
parents to send their children to school, but would also ensure that the children
come to schools regularly.
2. Provide transport facilities for picking and dropping children from remote areas for
reducing their cost of coming to school.
3. Simplify the admission process in schools for easy approachability and ready
admissions. Usually, schools have the policy to enroll children from only certain
demarcated areas, and to take admission according to the child’s birth age, and not
mental age. Such policies sometimes hinder the enforcement of Right to Education.
Efforts to be made to tie with the concerned authorities to simplify such complex
admission processes and policies.
 To conduct follow up inquiries of the admissions done hence, to ensure that the children
continue going to schools, and do not drop out after some time.

Lastly, it is also important to ensure quality education in the schools, lest the entire campaign be a
futile exercise.