Children’s Right to Education in India: Between Law and Reality

Abstract

The recognition and protection of child rights are fundamental to a civilized society, acknowledging children as individuals entitled to safety, security, and opportunities for holistic development. As human resources constitute a vital national asset, their cultivation is primarily achieved through education, with a strong foundation in basic education being essential. Education is widely regarded as the pathway to individual progress and development. Following India’s independence from British rule on August 15, 1947, the nation gained the opportunity to redesign its educational framework to extend learning to its maximum population. The constitution subsequently guaranteed free and compulsory elementary education, empowering India to modify previous systems and formulate policies aligned with national needs. Since independence, a series of commissions—such as the University Education Commission and the Secondary Education Commission alongside various policies, programs, and legislative acts, culminating recently in the National Education Policy (NEP) 2020, have been established. Despite these efforts, the educational rights of children remain unfulfilled, as they continue to be denied access and equity in various ways.

From the household and the classroom to broader society, children frequently face discrimination and exclusion from education due to a multitude of socio-economic, cultural, and systemic barriers. The aim of this paper is to critically examine the status of children’s educational rights in independent India. It will reflect upon persistent flaws within the Indian education system that contribute to the violation of these rights. Furthermore, the researcher will endeavor to identify actionable strategies and measures to secure equal educational rights for all children, thereby making the right to education a livable reality.