Right To Education - Article 21(A)
By A ARUN
Education - Invisible Organ To Human Being
Education is one of the important part in each and
every human life. If a person was educated he acquires knowledge, learns
behavioural activities and methods to survive in the society. In simple manner,
a person will be respected if he had some dignity in the society, and the only
way to attain dignity and personality is educating himself.
Not only nowadays even in olden days also education
is an important tool. Education gives a proper development to a person in the
society. The value of education was developed by “Bhartruhari” in his book
“NEETHISHATAKAM” at earlier stage of 1st century BC. In this he declared that
‘education is a special tool to mankind which developes a person without a fear
of loss ’.
Generally What Is Education?
Generally education is a process which converts a
beast into man. A method to know a specific subject or topic is education. In
our society educated persons receives more respect than that of uneducated, at
same time it does not denotes uneducated are worthless. Slowly everyone gets
knowledge from Ramayana, Mahabharatha and Manu Smrithi. After some centuries
education system was raised to a good level. Comparing to olden days education
was developed and at the same time it does not reach its highest level. It may
achieve its final stage in few decades with a proper management.
Administration In Other Countries Education System:
# In USA 2013, 87% of school – age children attend
State funded public school.
10% of children attend private funded schools.
3% of children acquired home – schooled.
# In UK both Public and Private sectors providing
education to children in 4 ways, namely primary, secondary , further and higher
education.
#In Cuba the education system was totally under the
control of Government and also providing proper education to its citizens.
Not only these countries most of the developing
countries aiming and providing a well planned education to its citizens.
In a recent research the below mentioned countries
only occupied the 1st 10 ranks in education system all over the world.
1.South Korea
3.Japan
4.Canada
5.Singapore
6.Netherlands
7.Hong Kong
8.Ireland
9.Finland
10.Poland
Administration In Indian Education System:
Initially the British Administration does not gave
much importance to the education system. After Independence only it was raised
to great extent. According to the 86th Amendment Act 2002, right to education
was justified under the Article 14 and 21 as a part of fundamental right
guaranteed to all citizens.
In Mohini Jain’s case.
Court said that state must have a responsibility to
discharge its duty of providing educational institutions in all places of the
state’s territory to educate all its citizen. And also court ordered that state
must administrate the proper providing of educational institutions by itself or
by giving to private education institutions to educate its citizens. And also
if the private institutions charge capitation fee then it is considered as a
violation of article 14.
As per 2015 research India occupies 92nd position
in among 142 countries. Even the small nations are maintaining a proper
educational system, till now India trying to reach its proper providing of
education.
Right To Education - Article 21(A):
This article says state shall provide free and
compulsory education to all children of the age of six to fourteen years.
1. In Shyam sundar case
Court tells that “right of a child should not be
restricted only to free and compulsory education, but should be extended to
have quality education without any discrimination on the ground of their
economic, social and cultural background.
2. In J.P.Unnikrishnan’s case
Court tells that the government institutions for
being reluctant with the enforcement of Article 45 and held that every child
who is deprived of the right to education can issue a writ of mandamus against
the appropriate authority for the enforcement of their deprived right.
3. AIR 1993 SCR (1) 594
The administration activities in educational
department in India was not much active. It must be developed by the proper
planning by the executives. Though it was planned it does not exercise it
properly, due to the corrupted hands in administration level. This situation
must be deserted to the development of India in education system.
Conclusion:
So there must be a powerful and planned
administration in education department. The first and foremost duty is to
remove the persons who are involved in bribery, corruption, biased activities
in the field of administration. It is possible only by the superior officers.
If we see who is in superior level automatically it shows the President (who
gives the approval) and Prime Minister (under whose leadership a law was
formulated, executed and maintained). So from top to bottom all the authorities
must have some good faith and welfare thoughts on its citizens to provide a
proper education. By concentrating on education part one country must develop
all its other portions. Let’s we all wait and see the development of the
education system in India.
Suggestion:
Even though the planning and administration was
good, the execution must be properly done by the educational authorities.
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