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અહિં ક્લિક કરો STANDARD:-5 SUBJECT- MATHS Punah EkaM kaSOTi (Re-Unut Test) SEM-2 DATE-14-12-2019
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AMD WOMEN. Right to Education for children between 6-14 years is
guaranteed by law. But today in India officially 13 states and according
to NGOs 22 states did not initiate process of implementation. By April
1, 2011 only six states and seven Union Territories notified the Act and
made rules that too in the last quarter of the year. The law designated
National Commission for Protection of Child Rights as monitoring
agency, but it lacks any power to do justice. There is a shortage of
teachers in our country and which has not been looked upon yet.
Provision of free and compulsory education to all children until they
complete the age of 14 years is a Directive Principle of State policy of
the Constitution. Right to education is not stated expressly as a
fundamental right in Part III. Thus Court has, however, not followed the
rule that unless a right is expressly stated as a fundamental right, it
cannot be treated as one. Freedom of press is not expressly mentioned
in part III, yet it has been read into and inferred from the freedom of
speech and expression and from Article 21 more particularly. Imparting
primary education was left to the parents till 2002, though it was part
of directive principle of state policy. In Unnikrishnan Vs State of
Andhra Pradesh, the Supreme Court elevated the status of right to
primary education from a mere directive principle of state policy to the
fundamental right. The apex court chose to overrule its own judgment in
Unnikrishnan case in T.M.A. Pai Foundation v State of Karnataka where
it held that primary education is a fundamental right. While the state
assumed the responsibility of imparting primary education to all
children of 6-14 age group, the higher education is thrown open to
private institutions. It found a difference in the context of private
institutions that are charging capitation fees from the students.
Article 21A is added by 86th Amendment Act in 2002, which says: “The
State shall provide free and compulsory Education to all children of the
age of six to fourteen years “ .The Supreme Court gave a very clear
suggestion in Unnikrishnan judgment in 1993, that education was a
fundamental right for all children up to 14 years. Though it is a very
positive and progressive step to guarantee the fundamental right to
education the modalities and substantial aspect of it are totally left
to the discretion of the state which has to make law to fulfill this
obligation.
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