Education Sector In India - Legal Perspective & Analysis

 Education Sector In India - Legal Perspective & Analysis

                   

Introduction

Education, in simple parlance, means to impart knowledge and make it available to others. The word has been derived from the Latin word "education" which means "bring up". Thus, education means to bring out what is within you. The term 'education' refers to levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.

It is an expression of knowledge that a person brings out from within himself and imparts it to the other. The meaning of education in social codes and manners, from as early as the 1610s, was "systematic schooling and training for work"2. Hence, education has always meant delivering knowledge, knowhow and skills in an organized place.

Education, in its broadest sense, is the most crucial input for empowering people with skills and knowledge and giving them access to productive employment in future.3 It is education that brings out the best in a man. It is training that teaches a man the art of conducting himself in the society, in the best possible manner and with discipline.

The significance of education has been well explained in the case of Brown V. Board of Education 4, in following words:

"It is the very foundation of good citizenship. Thus, today education is the principal instrument in awakening the child to cultural values and grooming him for professional training and in helping him to adjust normally to his environment."

Thus, education does not only make a person knowledgeable, but also grooms him to adopt his culture and values, to be practiced in the righteous manner.

Right to education has now become a fundamental right under Article 21A of the Constitution of India, although, the United Nations (UN) Conventions and Principles recognized this right many years ago. Universal Declaration of Human Rights (UDHR), which was adopted in 1948 also recognizes the Right to Education under its own Article 26.5

The said Right to Education has also been recognized under Article 136 by the International Covenant on Economic, Social and Cultural Rights (ICESCR) India is under obligation to implement the provisions of the Convention against

Discrimination in Education,

 which was adopted on December 14, 1960 by the General Conference. It provides for the role of international organizations in the implementation of the right to education, which is just not limited to the preparation of documents and conducting conferences and conventions, but it also undertakes the operational programs, assuring access to education of refugees, migrants, minorities, indigenous people, women and handicaps.

Article 46 of the Indian Constitution states that, "The State shall promote, with special care, the education and economic interests of the weaker sections of the people, and, in particular of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of social exploitation.

" Articles 330, 332, 335, 338 to 342 and the entire Fifth and Sixth Schedules of the Constitution deal with special provisions for implementation of the objectives set forth in Article 46. Similarly, Articles 30(1) provides for the rights of the minorities to establish and administer educational institutions of their choice. These provisions need to be fully utilized for the benefit of these weaker sections in our society.