Right to Primary Education – A Constitutional Mandate: Issues and Challenges

Education is the mirror of society, on which all its social achievements are reflected. Education is also considered an indicator of social prosperity; it is the key to progress in civil society. The 86th Constitutional Amendment Act.2002 makes the education system more effective as well as accessible to all, which is really a commendable effort itself. To seek education has become a fundamental human right under Article 21-A of the constitution. The central government has enacted the Right of children to free and compulsory education (RTE) Act 2009. The Act provides for children’s right to free and compulsory admission, attendance and completion of elementary education. Section 3(1) provides that every child between the age of 6 to 14 years must be provided with free education in the nearest school. Section 12(1)(c) of this Act mandates unaided schools to keep aside 25% of seats for underprivileged children of society. Article 51-A(K) of the constitution imposed a legal duty on parents/guardians to make ensure the education of their wards. Article 45 imposed a duty on the government to provide early childhood care and education for children below 6 years. Despite all these provisions, the contemporary education system has become very worst, and this is becoming a great concern for all of us day by day. In this paper, an attempt has been made to indicate the various issues and problems as well as their suggestions.