In 2009, India enacted the Right of Children to Free and Compulsory Education Act, which provides for free and compulsory education to all children aged 6 to 14. However, the evidence presented in this report indicates that despite the 3 year deadline to implement the key provisions of the Act, it has yet to be adequately implemented.
This lack of implementation, enforcement and monitoring particularly affects children from marginalised groups, such as children with disabilities, girls, and Da lits. Children from these groups are excluded and discriminated against, affecting access, participation, retention, achievement, and completion of elementary education.
This report examines the obstacles preventing certain children from attending school and the government’s failure to take the steps necessary to address the problem.
"The Court would like to place on record that in terms of Article 27(2)(h) of the Constitution it is one of the directive principles of state policy to ensure the right to universal and equal access to education at all levels. The Court also wishes to place on record that the state should ensure that the human rights of the people living with HIV/AIDS are promoted, protected and respected and measures to be taken to eliminate discrimination against them"
The objectives of this study are to:
- understand why boys have been underperforming in education over the past few years
- analyse factors (including economic, societal, and cultural) that are causing the trend of poor performance and low survival rates at higher levels of education
- describe current policies and interventions in place to address the issue
In this case, a resident of Uttar Pradesh state challenged a notification issued by the Karnataka government that permitted private medical colleges to charge higher fees to students who were not allocated 'government seats'. The Supreme Court of India held that the charging of a ‘capitation fee’ by the private educational institutions violated the right to education, as implied from the right to life and human dignity, and the right to equal protection of the law. In the absence of an express constitutional right, the Court interpreted a right to education as a necessary condition for fulfilment of the right to life under Article 21 of the Indian Constitution. In addition, the Court held that private institutions, acting as agents of the State, have a duty to ensure equal access to, and non-discrimination the delivery of, higher education.
In response to a petition filed by an Indian charity, the Supreme Court of India directed the governments of all States and Union Territories to ensure that all schools, whether private or state-run, provide proper toilet facilities, drinking water, sufficient classrooms and capable teaching staff. The court held that, under the Right of Children to Free and Compulsory Education Act (2009) and the Indian Constitution, central, state and local governments have an obligation to ensure that all schools, both public and private, have adequate infrastructure. Adequate infrastructure includes safe drinking water, toilet facilities for boys and girls, sufficient class rooms and the appointment of teaching and non-teaching staff.
In this decision, the Supreme Court of India upheld the constitutionality of section 12 of the Right of Children to Free and Compulsory Education Act (RTE Act), which requires all schools, both state-funded and private, to accept 25% intake of children from disadvantaged groups. However, the Court held that the RTE Act could not require private, minority schools to satisfy a 25% quota, as this would constitute a violation of the right of minority groups to establish private schools under the Indian Constitution. This case affirms that the authority of the State to fulfil its obligations under the right to education can be extended to private, non-State actors. Because the State has the authority to determine the manner in which it discharge this obligation, it can elect to impose statutory obligations on private schools so long as the requirements are in the public interest.
Children in Afghanistan – and their households may face war, displacement, migration and natural disasters in trying to access education, in addition to more common difficulties such as poverty and lack of access. This study, part of the Global Initiative on Out-of-School Children launched by the United Nations Children’s Fund (UNICEF) and the United Nations Educational, Scientific and Cultural Organization Institute for Statistics (UNESCO UIS), seeks to identify the barriers preventing children in Afghanistan from attending school, identify gaps in the current approaches to addressing these barriers and provide policy recommendations to move forward effectively. This is in line with the studies conducted elsewhere at the country and regional level for the out-of-school children initiative (OOSCI), based on existing data.