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Home > Know Your Rights > Right to Education
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FAQ's

Q1.  What is Right to Education?

A1.  Right to Education is a fundamental right provided by the Constitution of India which guarantees to all children in the age group 6 to 14 a fundamental right to free and compulsory education. All children in the age group of 6 to 14 years are entitled to receive free and compulsory education in order to eradicate illiteracy from the country.

 

Q2.  If right to education is a fundamental right, then why there is still so much illiteracy in India?

A2.  Right to Education has been incorporated in the Indian Constitution as a fundamental right only recently. In the original Indian constitution it was in the form of a directive principle to be implemented in a period of ten years. It was in 2002 that right to education was made a part of fundamental right by the Government of India.

 

Q3.  How will right to education benefit the society?

A3.  Right to education is now a Fundamental Right, which means that it is now the duty of the government to see to it that all children between 6-14 years get free and compulsory education. It has increased the onus on the government. It is a giant step towards achieving hundred percent literacy in India as it will take education to the weaker sections of the society and thereby help in the overall development.

 

Q4.  What difference would it make to me?

A4.  Right to education entitles your children to free and compulsory education. If you were earlier unable to get your child educated because of economic hardships, now you can get him/her educated for free till the time he/she turns 14 years of age.  It is now the utmost duty of the Government to provide free and compulsory education to children between 6 to 14 years, as it is their fundamental right.

 

Q5.  Whose responsibility it is to provide education, State Government or Central Government?

A5.  Education is a subject of the concurrent list, which means that both the state and the central governments have the responsibility of providing education.

 

Q6.  I want to educate my child in a good school, but I don’t have the money. Will that be possible now with right to education?

A6.  Yes, now you can get your child admitted to a very good school free of cost. The right to education provides 25% reservation of seats in private schools for children from economically weaker sections of society . Private schools are now duty bound to give admission and education to children from economically weaker sections free of cost. Government will, however, compensate these schools with the amount it spends on a child’s education per year for providing free education to all these children.

 

Q7.  What if the big schools expel my child after some time to give admission to a rich person’s child?

A7.  No school can expel a child under right to education. Under this right, every child is guaranteed, the right to admission, education and the right to not be expelled from a school. If a school expels a child then you can go to the court and ask for remedy as now right to education is a fundamental right which is enforceable in the court of law.

 

Q8.  Which government agency will be responsible to see whether right to information is being properly implemented?

A8.  A National Commission for the Protection of Child Rights has been set up by the government to monitor the implementation of the right. It is an autonomous body i.e. it is free from governmental interference. It consists of top educationists in the country who will ensure that every child in the age group of 6-14 years gets basic elementary education for free.

 

Q9.  What do I do if my Right to Education is infringed?

A9.  If you are unlawfully restricted from your right to education, then you can directly approach the Supreme Court of India and pray for an appropriate writ. Any violation of any of your Fundamental right by any Government agency or any individual can be directly taken to the Supreme Court of India or High Court of the state in which you reside.

 

Q10.  How do I approach the court?

A10.  You can file a writ petition stating why you feel that your right to education has been infringed and asking for remedies. You will need the services of a lawyer who will represent your case before the court. You can refer to the website of the Supreme Court of India (http://supremecourtofindia.nic.in/) for any further information.

 
 
 
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