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SOCIO – ECONOMIC JUSTICE AND THE RIGHT TO

EDUCATION
Written by Shiny Harsha

Principal, Bishop Cotton Women's Christian Law College, Bengaluru

“Literacy is a bridge from misery to hope. It is a tool for daily life in modern society. It is a
bulwark against poverty, and a building block of development. Literacy is a platform for
democratization and a vehicle for the promotion of cultural and national identity. Especially for
girls and women, it is an agent of family, health and nutrition. For every one, everywhere,
literacy is, along with education in general, a basic human right………… Literacy is, finally, the
road to human progress and the means through which every man, woman and child can realize
his or her full potential.

-Kofi Annan.

Introduction

At the time of birth, we do not find much difference between a baby of a human and a
new born of other animals in the sense that human baby performs almost all actions
which are performed by the new born baby of any other animal. Only education 1 and
philosophy can make a human child really human.2 There are certain necessities without

1 Mahatma Gandhi defined ‘education’ in general and inclusive sense and he said, “By education, I mean
an all
round drawing out of the best in child and man-mind, body and spirit”. He gave the concept of 3 ‘H’s
i.e.,
Head, Heart and Hand. Head for mental or cognitive devepment; Heart for spiritual/emotional
development ; and
Hand for Physical or Psycho-motor or skill development. All these aspects of human personality are
essential to
have a holistic development of her/his personality.
2 Hon’ble Dr.Justice S.R.Nayak, cited from his Inaugural Address at the National Conference on “Right

to
Education : Accessibility and Quality Dimension” organised by Karnataka Ste Law University,
Hubballi,
On 27th March, 2015, reported in (2015) III KSLUJ at 1.

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which a man cannot live a life of his own3and education is one of the basic necessities of
life4.
The future custodians of all the present philosophies, including Sovereignty, rule of law,
justice, liberty, fraternity and international peace and security, are the children5. They are,
indeed, future shoulders in the form of great scientists, rulers, administrators,
philosophers, legislators, teachers, Judges, Engineers, technologists, industrialists,
planners, workers and politicians on whom the nation rests.6

Definition of the term “Education”

The word “Education” comes from the Latin word e-ducere, mean “to lead out”. It is
indeed, difficult to define education. Education is a relentless process of becoming.7
However, there are a few definitions which are worth quoting, Mr. Will Durant defines
‘education’ as the “transmission of civilization”. George Bernard Shaw, one of the eminent
thinkers of the last century while talking about ‘education’ spoke thus:-

‘A fool’s brain digests philosophy into folly, science into superstition, and art into pedantry. Hence
University education”

George Peabody has defined ‘education as follows:-

“Education: a debt due from present to future generations”.

3 Dr.Rattan Sing, “The Right to Free and Compulsory Education Act in India: A Transmission to
Required
Education Zone, Indian Bar Review Vol XXXVIII(3)2011 at 89
4 Dr.Shallu, “Right to Education and the Constitution ( Eighty Sixth Amendment) Act, 2002,

Indian Bar Review Vol.XXXV(1 to 4) 2008 at 189

5 “At the Childhood, the young kid’s minds are like a clean state, on which you can write whatever you

want, and
It continues throughout his life. The young ones are the budding citizens of Bharat of tomorrow, and it
is in
the hands of the service providers to show them the righteous path, and in turn build a value based
democratic nation or destroy the nation, though, what Mahatma Gandhi, said, an Adharmic Education
6 .Sriniwas Gupta , “Right of the Child to Education in India”, Indian Bar Review, Vol.29(2) 2002 at 75-76
7 V.Narayan Karan Reddy, Man Education and Values. 1979, B.R.Publication, New Delhi at 50

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The purpose of education are manifold. It is rightly called, the beautility of learning. It
has energy, prowess, animation, activation and inherent potentiality of transformation8

Why Education?

It is stated that’ child is the father of man’. To enable fathering of a valiant and vibrant
man, the child must be groomed well in the formative years of his life. He much assume
education,9 gain knowledge of man and materials and blossom in such an atmosphere
that on reaching age, he is found to be man with a mission, a man who matters so far as
the Society is concerned10.
Education is the basis for the development and empowerment for every nation. It plays
a vital role in understanding and participating in day to day activities of today’s world.11
The most important function of education is enriching the character12 and plays a
significant role in transmitting one’s culture, beliefs and values to others in Society. It
helps in creating innovations and meeting the growing needs to every nation. The
development of a nation is not measured through the buildings it has built, the roads it
has laid down, bridges it has constructed but by the human resources, the nation has
developed through a well-defined system of education. Although the physical facilities
are usually important but they are perishable and valuable. In the absence of proper
education, the nation can hardly develop these and maintain them. Education is
therefore more crucial factor not only to equip the new generations with skills so essential
for earning a livelihood but also to create among them an awareness to social and

8 Justice Dipak Misra, “Right to Education”. Nyaya Deep, Vol. VIII(1), Jan 2007 at 24
9 Justice M.Rama Jois, “Be Immortal”, Lawyers Update, January 2015 at 7.
10 Jai S. Singh, “Expanding Horizons of Human Right to Education: Perspective on Indian and

International Vision”, Journal of Indian Law Institute, Vol 52:1, 2010 at 34.
11 Supra note 3 at 90

12 Nani. A. Palkhivala, “Purpose of Education”, Lawyers Update, April 2013 at 15

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environmental realities and inculcate in them scientific temper, independence of mind

and spirit which are of paramount important for them to become responsible citizens.13

Dr. Radhakrishnan has rightly said that: “A Civilization is not built of bricks, steel and
machinery, it is built with men, their quality and character”. So the true aim of education
is to develop in the body and in soul all the beauty and all perfection of which they are
capable14
In the words of lodge, “Life is Education and Education is Life”.15
Reflections of International Instruments and Conventions

The right to education has been recognised as a basic human right and fundamental
freedom in various International Instruments and Conventions. The Universal Declaration
of Human Rights, 1948; the International Convention on Economic Social and Cultural Rights,
1966 and the Convention on the Rights of the Child, 1989 make elaborate provisions
regarding human right to education16
The right to education is reflected at the International level in, Article 26 of the Universal
Declaration of Human Rights 1948 (herein after referred to as UDHR) for the first time it
took care of elementary education. Article 26 is divided into three parts. It guarantees
everyone the right to education. The education at the elementary and fundamental stage
shall be free. At the end it provides that the elementary education shall be compulsory.
The Member States are under obligation to protect every one’s rights and make
provisions for free and compulsory elementary education17. The parents are also given
right to choose education for their children looking to their children’s capacity, capability

13 P.L.Mehta and Rakhi Poonga, Free and Compulsory Education, 1997, Deep and Deep Publication, Delhi
at 1
14 Unni Krishnan v: State of A.P. AIR 1993 SC 2187
15 Supra note 3 at 91
16 Supra note 10 at 91
17 The United National International Children’s Emergency Fund’s Report on the State of World’s Children,

2005 has reported that out of the children between the age of 5 to 14 years, 72 million have no access to
basic education, a sorry state of affairs

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and competency and further no particular type of education shall be imposed. The most
important part of Article 26 is sub-article (2) that specifies the purpose and object of the
education which includes development of human personality and promotion of
understanding, tolerance and friendship among all nations, racial, religious groups.18
According to Article 13 of the International Convenant on Economic, Social and Cultural
Rights (herein after referred to as ICESR), the right to education includes the right to free,
compulsory primary education for all, an obligation to develop secondary education
accessible to all in particular by the progressive introduction of free secondary education,
as well as an obligation to develop equitable access to higher education. The right to
education also includes a responsibility to provide basic education for individuals who
have not completed primary education19. In addition to this access to educational
provisions, the right to education encompasses also the obligation to eliminate
discrimination at all levels of the educational system, to set minimum standards and to
improve quality of education.
Education narrowly refers to formal institutional instructions. Generally International
Instruments use the term in this sense and the right to education, as protected by
International human rights instruments, refers primarily to education in a narrow sense.
The 1960 United Nations Educational, Scientific and Cultural Organisations.(UNESCO).
Convention against Discrimination in Education defines education in Article 1 (2) as: “ all
types and levels of education, (including) access to education, the standard and quality
of education, and the Conditions under which it is given.
The wider meaning of education has been recognized in Articles 1(9) of UNESCO’s 1974
Recommendation Concerning Education for International Understanding, Co-operation and
Peace and Education relating to Human Rights and Fundamental Freedoms. The Article states
that education implies:

18 Prof. C.M. Jariwala, “Right to Free and Compulsory Primary Education: Myth or Reality”, Nyaya Deep,
Vol.XIV(3) July 2013 at 9
19 Supra note 6 at 79

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“the entire process of social life by means of which individuals and social groups learn to
develop consciously within, and for the benefit of, the national and international
communities, the whole of their personal capabilities, attitudes, aptitudes and
knowledge”.20
For the first time a detailed specific plan in this regard has been provided. In the
definition of ‘child’ it meant a child below the age of 18 years. Article 28 particularly
concentrates on School education. In this regard the State parties shall make: primary
education compulsory and free. It therefore, casts duty upon the States parties to
recognize the right of the child to education21
Achieving the right to education for all is one of the biggest challenges. The World
Education Forum, has addressed this challenge: universalizing primary education in all
countries by 2015.22
Whether the same has been achieved? Is still a myth or a reality23

Socio-Economic Justice v/s The Right to Education

After Independence the founding fathers of Constitution realized that the entire
philosophy of Education in India must be revolutionized. In the mid of twentieth century
the Indian Constitution came into existence with the goal of welfare state, to achieve the
socio-economic justice for general masses in India. The Constitution framers were
primarily reformists and secondary constitutionalists who fought against Britishers for
their valuable human rights.

20 Supra note 2 at 2-3

21 Supra note 18 at 11
22 This is one of the main objectives set at the World Education Forum (April 200), where the right to basic

education for all was reaffirmed as a fundamental human right

23
The fulfilment of the right to education can be assessed using 4’As’ framework, which asserts that for education
to be a meaningful right it must fulfil 4 ‘A’s. that is to say, it must be available, accessible, acceptable and
adaptable. The 4 ‘A’ s framework was developed by the former UN special Rapporteur on the Right to Education,
Katarina Tomasevski. The 4 ‘A’s framework proposes that governments, as the prime duty-bearers, have to
respect, protect and fulfil the right to education by making education available, accessible, acceptable and
adaptable

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As realized and said by great philosopher and constituted assembly member S.

Radhakrishnan for achieving the goals of socio-economic justice, two things are
indispensable namely, education and freedom.24 The framers of the Constitution were
aware of the fact that for success of democratic government, education is one of the basic
components. Education is the potent mechanism for the advancement of human being.
A man without education is not more than an animal25.
A welfare State denotes a concept of Government, in which the State plays a key role in
the protection and promotion of the economic and social well-being of all of its citizens,
which may include equitable distribution of wealth and equal opportunities and public
responsibilities for all those, who are unable to avail for themselves, minimal provisions
for a decent life.
It refers to “greatest good of greatest number and the benefit of all and the happiness of
all”.26
The Indian Constitution through its Preamble emphatically declares that the Socialistic
Democratic Republic of India shall be a welfare State committed to the ideal of socio-
economic justice.27 The preamble of the Constitution promises to secure for all its citizens
justice-
“Socio-economic and political”,28 combining social and economic rights along with
political and justifiable legal rights.29
The preambulary message of Socio-economic justice has been translated into several
Articles dealing with its different facets in Part III and IV of the Constitution. The former

24 Shiv Sahai Singh, Human Right Education and the Constitution, Human Right Education, Law and
Society, Hyderabad, NALSAR University 2004.
25 Supra note 3 at 94
26 V.N.Shukla’s Constitution of India, 12th edn, 2015, Eastern Book Company, Lucknow, at S-46.
27 Dr.B.R.Sharma, Socio-Economic Justice under Indian Constitution, 1984, Deep and Deep Publications, New

Delhi, at 20
28 Niranajanaradhya.V.P., “The Right to Education, Constitution and the common School System in India,

Supra Note 18 at 64
29 Dr.B.R.Ambedkar had used appropriate words at the time of the birth of our Constitution to put forth

the goal of building a new India on the ideals and goals embodied in the Constitution- created by her
own people and representing the masses, adopted to secure the ideals of social justice, equality and
equity. Ibid, at 57

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contains the fundamental rights of the citizens and the latter deals with the directive
principles of state policy. Both of them have common grounding and have been rightly
described as the “Conscience of the Constitution.30

These ideals are applicable in all spheres and form an essential facet of development in
India. Building a national system of education is not exception to this. Rather, a national
system of education on the principles of Social Justice31 and equality creates the necessary
ground for achieving the ideals embodied in the Constitution.
The Preamble of the Constitution further secures, “equality of status and of opportunities
and assures dignity of the individual. Dignity of the individual cannot be assured until
he gets an opportunity to receive education, though, “Right to Education was not, before
the 86th Amendment expressly enshrined in the Constitution as fundamental right, but
while interpreting the provisions of the Constitution, courts made the Right to Education
as fundamental right while interpreting the scope of Article 21 of the Constitution.
Articles 21, 41, 45 and 46 of the Constitution provides for right to education.
A few case laws are worth mentioning here.
In Mohini Jain v. State of Karnataka.32 The Supreme Court expounded upon the import of
‘Right to Education’33 by holding: It is no doubt correct that right to education as such
has not been guaranteed as a fundamental right under Part III of the Constitution but
reading the provisions cumulatively it becomes clear that the framers of the Constitution
made it obligatory for the State to provide education for its citizens. The right to

30 Glanville Austin, Indian Constitution: Cornerstone of Nation, 1966, at 50

31 The purpose of Rule of Law is (a) to protect the Fundamental Rights of the individual and (b) to
establish social justice, so that an individual citizen can attain his legitimate aspirations and dignity of
man may be assured. Cited fom, P.C.Pati, “Rule of Law and Social change: Indian Experience”, Indian Bar
Review, Vol.19 (3 and 4) 1992 at 32.
32 AIR 1992 SC,1858
33 See also Brown v Board of Education, 1953, 98 Law Ed., US, 873, Earl Warren, C.J, U.S. Supreme Court

explained the Significance of Education in these following words; “It is the very foundation of good
citizenship. Today it is principle instrument in awakening the child to cultural values, in preparing him
for later professional training and in helping him to adjust normally to environment. Citizen are the
future of our nation. The quality of education will determine the quality of education”.

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education flows directly from right to life. The right to life under Article 21 and the
dignity of an individual cannot be assured unless it is accompanied by the right to
education:
Further, the Constitutional bench of the Supreme Court in, Unni Krishnan v. State of A.P.,34
held that , the citizens of this country have a fundamental right to education.35
By virtue of the above said decision the 165th Report of the Law Commission of India and
The recommendations made by the Standing Committee of Parliament, Eighty-Sixth
Amendment Act, 2002 was made which inserted Articles 21-A and 51-A(K) in the
Constitution to resolve the educational problems in the country.

Article 21-A36 is a landmark development for free and compulsory education to all the
Children. Further the 86th Amendment, has substituted a new language for Article 4537 of
the Constitution, providing for early childhood care and education to children below the
age of six years. Apart from the above, Article 51-A (K)38 was added in the Constitution
providing for a fundamental duty. In order to strength the Constitution, Parliament took
a very encouraging step by giving: Right of Children to Free and Compulsory Education Act,
2009 to India. (RTE)

34 AIR 1993 SC 2178, See also, Francis C.Mullin v Administrator, Union Territory of Delhi, AIR 1981 SC 746;
University of Delhi v.Shri Anand Vardhan Chandal, AIR 1998(5)
35 Also refer to Articles 41, 45 and 46 of the Constitution of India. They speak about the right to

education. See also Law Commission of India’s 165th Report on Free and Compulsory Education for Children , at
1-10
36 Article 21-A, “The State shall provide free and compulsory education to all Children of age of six to

fourteen years in such manner as the State may be law, determine. The Supreme Court in Avinash
Mehrotara v. Union of India, (2009) 6 SCC 398, observed that implicit in Article 21-A is a reciprocal
agreement between the State and family, which places burden on all participants of civil society. Unlike
other fundamental rights, the right to education places burden not only on the State but also on the
parents/guardian. Chanakya more than 2300 years back had said: “That mother and that father are
enemies, who do not give education to their children”.
37 Article 45: “The State shall endeavour to provide early childhood care and education for all children

until they complete the age of six years”.

38 Article 51-A (k) “who is a parent or guardian of a child is under a duty to provide opportunities for

education to his child or, as the case may be, ward between the age of six and fourteen years.

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With this India has joined the elite league of few countries where education is the
fundamental right for every child. While declaring the good cause, Karin Hulshof,
UNICEF representative in India said that RTE will prop India to even greater heights of
prosperity and productivity for all guaranteeing children their right to quality education
and a higher future.39

Conclusion

Though Right to Education has been expressly made a fundamental right by

incorporating Article 21-A of the Constitution, a lot of efforts are require to make this
right a reality. There is a fear that the much- heralded Right to Education may prove to
be a mirage, politically only a populist gesture. However, through the Amendments and
the enactment of the RTE Act, India has sent a powerful message to the world at large
that our Country has irrevocably become conscious of the importance of education, the
key to success, inspite of the various barriers to this endeavour, namely, financial
constraints, uphill task of execution, wide prevalence of corruption , etc. This is a
welcome move and Government deserves a salute, a major step towards achieving the
Socio-Economic Justice, enshrined in the Constitution of India.

39 The Tribune, April 1, 2010, at 1

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