Author: Mohd Shamshad Ahmad (Faculty of Law, Integral University, Lucknow, U.P)

Co-Author: Mohd Shahrukh Qureshi (Lloyd law college, Greater Noida, UP)

One child, one teacher, one book, one pen change the world” - Malala Yousafzai


Education, the term itself is sufficient to change the entire mankind. It is a basic human right and essential for the exercise of all other human rights. By making an amendment in the Constitution of India in 2002 by the 86th Amendment Act that inserted Article 21-A i.e. Right to Education as a fundamental right. Article 21-A of the Constitution states that “the state shall provide free and compulsory education to all the children of the age of six to fourteen years in such manner as the state may, by law, determine.

Education is the most important and essential part of human beings, which changes the character of a person. A tool, which changes the lifestyle of a person and way of thinking, it makes brilliant. Education should be made available to every person without segregation. Good quality education is the right of every child.

The Hon’ble Supreme Court in Environmental and Consumer Protection Foundation v. Delhi Administration held that the right of the child to free and compulsory education is a part of the fundamental right under Article 21-A of the Constitution. The total indifference of governmental authorities is leading to the violation of the fundamental rights of the children. Again the Hon’ble Supreme Court observed in the State of Tamil Nadu v. Shyam Sundar, the right of a child should be extended to have quality education without discrimination on the ground of a child’s economic, social and cultural backgrounds.

About 258 million children and youth are out of school, according to UIS data for the school year ending in 2018. The total includes 59 million children of primary school age, 62 million of lower secondary school age, and 138 million of upper secondary age.

In our country like India, a thousand numbers of children are still deprived of proper education due to their poor financial condition. Poverty is also a serious issue. Hence Poverty is leading towards forced child labor at a very small age, as there is also a lack of awareness about education that right to education is a fundamental right of every child. And furthermore, crimes against children have been increased according to recent data of the National Crime Records Bureau (NCRB).

According to the 2011 Census data, there is a 38.01 crore population in the age group of 5-19 years of which 26.98 crores (71 percent) is attending educational institutions. 4.49 crore (11.8 percent) people have attended schools earlier while 6.54 crore (17.2 percent) have never been to a school.

Education is the pillar of the nation. One-sixth of the world’s population nearly 855 million people are illiterate. Over 130 million children in developing countries do not even get basic education facilities. Despite being right to education as a fundamental right many children are still deprived of education and never go to school. Education is one of the blessings of life and one of its necessities no child should be deprived of education. Only primary basic education is not enough, secondary education is also equally important. The change is needed in our education system, free quality education to every child in the country must be the first priority of any government. Not a single child should be deprived of going to school. As per the report of UNESCO, about 138 million children of upper secondary age in the world are out of school.


Amendment needed in our Constitution of India in Article 21A free and compulsory education to every child from 3-18 years of age as the right to vote (18th year), age of majority, right to marriage is. Improvement needed in government schools so that every child gets a quality education. Making aware every child about education as its fundamental right. Many children still work to survive because of poverty despite being banned on child labor it needs to be implemented effectively. Education in private institutions should be regulated in such a way that 20-25% of seats must be reserved for poor and weaker groups of children.

The problem of quality education basically lies with the government school, which remains unaddressed by many of the states. Also well-qualified and highly motivated educators are the key to effective implementation of this right. The state government must release the funds for government schools and also there must be incentives for those parents and students who are not able to join the educational institution. Scholarship should be released to encourage students for higher studies. Likewise, the state must make the guidelines for private institution fees, as the non-public schools would fix the expenses arbitrarily and extravagantly.

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