Indian Law: Right of Children to Free Education

In a developing country like India, a majority of the population is illiterate and living far below the poverty line. Inevitably, the Right of Children to Free and Compulsory Education Act, 2009, was enforced by the Indian government to regulate the education of children. Children related laws and issues are of considerable interest to the government and the judiciary. Under the Indian laws, every child is guaranteed, the right to admission, education and the right to not be expelled from a school.

Indian Law: Completion of Basic Education is Mandatory

Section 16 of the aforementioned Act, provides that a child shall not be expelled from a school till the completion of basic education. According to section 17, of the Act, physical punishment or mental harassment of a child is prohibited.

This Act aims to provide free and compulsory education to children belonging to the weak and disadvantaged sections of the society. A recent incident of expulsion of a child from school has highlighted the issue of corporal punishment in schools. The incident involves a young boy’s expulsion from school and the humiliation which caused the student to commit suicide. An investigation was ordered by the State in order to stop such incidents in future. Such investigations continue to be announced but it does little to motivate parents or children when issues like these arise.

Indian Law: Some Important Case Studies and Judgments of Courts

Indian law on right to education is evident in a famous case, Mohini Jain (Ms) v State of Karnataka (1992. The Supreme Court established for the first time that education is a fundamental right. It observed that the Article 21, of the Constitution of India, guarantees the right to life, which includes the right to live with dignity. The court also secured the right of every citizen to have access to free and compulsory education.

In another case, Bijoe Emmanuel (1986), three students, being Jehovah’s Witnesses, objected to being obliged to sing the national anthem. They were expelled from the school, on behalf of the administrative orders of the state’s educational authority. The Supreme Court revoked the expulsion order and restored back the admission of the students in the school.