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Right to Education: A Critical Study
 

By: Umeshwari Dkhar, Second Year LL.M. Student of National Law University Delhi

 
ABSTRACT

Education has an acculturating role. It refines sensitive and perceptions that contribute to national cohesion. Education not only teaches but it imparts the skills to the students and main of the education is to develop the skills and create civilized and cultured personality. After almost 65 year of Independence, our nations still face the problem of illiteracy and poor education system. It is only after the 86th Constitutional amendment, which make the Education a fundamental right under Article 21A. However there are still many challenges face by this Act, which is still need to be improved for the success implementation of the Right to Education Act.

The objective of this project is to critically study the issues and challenges of the Right to free and Compulsory Education to Child Right Act, 2009, and analyze the impact of the provisions in the present day context for the promotion and protection of Children Rights in India, and the legislative initiative towards the improvement of this right. This paper tries to find out answers of the following questions.
1. Whether RTE ACT 2009 is successful in obtaining its aims and objectives?
2. Whether the age group mentioned in the Act justified?
3. Whether the reservation of 25% of seats for the weaker sections by Private unaided schools will turn out to be a boon or a bane?
4. What will be the identification, selection and verification of economically weaker and disadvantaged children?
5. Whether The RTE Act 2009 will help to produce a quality education and quality student when the children according to the Act are not allow to be held back, expelled, or required to pass a board examination until completion of elementary education?

This paper is divided into seven parts. Second part gives overview of History of Education System in India. Third part deals with Right to education and the International Convention. The fourth part provides constitutional Provisions and the Judicial Interpretation on the Right to Education. The fifth and sixth parts focus on scope and features of Right to Education Act, 2009 to critical analysis respectively and to suggest some recommendation.