Year: 2024 | Month: December | Volume 15 | Issue 2
Educational Rights of Children in UDHR and Indian Constitution: A Human Rights Perspective
Tusher Kanti Halder
DOI:10.30954/2231-458X.02.2024.3
Abstract:
The Universal Declaration of Human Rights (UDHR), adopted in 1948, established education as a fundamental human right, articulating its aims and setting a global standard for nation-states. This paper attempted a comparative analysis of the provisions for children’s educational rights within the UDHR and provision for rights to education for children in the constitution of India. From a human rights perspective, the study critically examines the history of the right to education for children in India, tracing its journey from a non-justiciable “Directive Principle of State Policy” to an enforceable fundamental right under Article 21-A. According to the study, there is still a big implementation gap even though the Indian Constitution’s Articles 21-A and 45 have established a strong legal framework that supports and even builds upon the principles of the UDHR. The paper evaluates Educational Rights of Children, particularly the Right of Children to Free and Compulsory Education (RTE) Act, 2009, as a powerful attempt to realize the right to education. It examines the Act’s provisions on nondiscrimination, free education, and basic standards and evaluates how well they address issues including quality, equity, and access. The study comes to the conclusion that India’s experience with educational rights is a prime example of the dynamic process of converting international human rights standards into national legislative requirements. However, it emphasises that in order to fully realise this right as outlined in the UDHR, there must be a consistent political will, sufficient funding, and a determined effort to remove socioeconomic obstacles that stand in the way of all Indian children achieving universal and meaningful educational attainment. The Universal Declaration of Human Rights, adopted in 1948, is the first international legal instrument that recognises education as a human right.Article 26 of the UDDHR states, ‘Everyone has the right to education’. It is a non-legallybinding instrument but with a immense political and moral force.Keywords: Right to Education, Human Rights, UDHR, Indian Constitution, Article 21-A, RTE Act,Children’s Rights, Directive Principles of State Policy
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