RIGHT TO EDUCATION
is, doubtless, an inalienable part of the right
to life of human beings in society, and it has been so recognized by various
national and international covenants and basic laws. It was the Mohini Jain decision
of the early 1990’s which, for the first time, breathed this right into the
right to life guaranteed by Article 21 of our Constitution but, sadly, it has
been reversed by a later larger bench of the Apex Court. Coming just a year
later, the Unnikrishnan decision struck a via media by recognizing the
need for free or affordable higher education to the economically weaker and
deprived sections and allotting them at least 50% of ‘free’ seats in all
private colleges, which did contribute to stem the tide of trading in education
to a considerable extent. However, coming about a decade later, the TMA Pai
Foundation decision by thirteen heads of justice has unfortunately reversed
the trend of catering to the weal and woe of the ‘wretched of the earth’ by
putting a firm stamp of approval on the almost indiscriminate commercialization
of education that began to run full speed in the recent phase of capitalist
globalization. The damaging effects of this deplorable decision are there to be
seen not only in the sphere of higher education but even in the field of
primary education. It may be noted that soon after this TMA Pai decision,
free and compulsory primary education to all children of 6-14 years age
was made a fundamental right by bringing a new Article 21-A into our
Constitution. The recent Apex Court decision validating the RTE Act passed by
the Parliament in pursuance of Article 21A, which directs private educational
institutions also to share the burden, to some extent, of rendering free
education to the children, is being hailed as a blow for the rights of
children, especially of the weaker sections. But the point remains that it is
not just some but all children, i.e. each and every child, that are
entitled to the benefit of this basic right. In this context, the very
privatization of primary education comes up for questioning; and it seems the
sooner it is done away with and replaced by a caring and efficient public education
system the better §§§
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