A Critical Analysis of Right to Education with Reference to the States of Bihar, U.P and Jharkhand: An Overview

Education is one of the main pillars for the development a nation and children are the pioneers of education. Providing education at the grassroot level becomes important for a nation as children’s education forms the basis for the future developments. Considering the importance of education nations and various organizations have mandated providing education to the children. According to the United Nations Convention on the Rights of the Child (UNCRC) 1989 which was ratified by India in 1992 All children have the right to a primary education, which should be free. For children to benefit from education, schools must be run in an orderly way – without the use of violence. Any form of school discipline should take into account the child’s human dignity. Therefore, governments must ensure that school administrators review their discipline policies and eliminate any discipline practices involving physical or mental violence, abuse or neglect. As per the Committee on Economic, Social and Cultural Rights (CESCR), the foremost such body, education is both a human right in itself and an indispensable means of realizing other human rights. Thus, adopting ‘Rights Based Approach’ to education will assure that every child gets access to quality education and their right to dignity and development is recognized. The right based approach would ensure the implementation of right and would make authorities accountable for any violation would be violation of a guaranteed right. India has also adopted the right based approach towards education through the 86th Constitutional Amendment 2002. Consequent to the two pronouncements of the Apex Court in Mohini Jain v UOI and J P Unnikrishnan v State of Andhra Pradesh and the recommendations of the Saikia Committee, Article 21A was inserted in the Constitution of India through the 86th Constitutional Amendment Act in 2002 to include free and compulsory education to all children in the age group of 6 to 14 years.