This article is written by MS SHAHEEN HIRANI a 4th year student Of Keshav Memorial College of Law
Is it that easy to owe allegiance to a nation, to abide within the regulations forming by and to be enough authorised to question the governing body when infringement of an Individuals right? Definitely not easy and that’s why every recognised nation provides Fundamental Rights to the people of that state.
FUNDAMENTAL RIGHTS IN INDIA
Fundamental Rights are exclusive rights given to the citizens of India. This are basic human right which an individual deserve without any discrimination of colour, caste, status, gender. Constitutionally Fundamental Rights are enforceable by the courts subjecting to certain conditions.
The Fundamental rights are enshrined in part III of the constitution under article (12 to 35). This part of the constitution is called as Magna Carta. The significant list of Fundamental Rights are :
1.Right to equality (Art 14-18)
2.Right to freedom (Art 19-22)
3.Right against exploitation (Art 23-24)
4.Right to freedom of religion (Art 25-28)
5.Cultural and educational rights (Art 29-30)
6.Right to constitutional remedies. (Art 32)
Originally there was another Fundamental Right named “Right to Property (art 31)” which was removed by 44th constitutional amendment. As one fundamental requirement of every vigilant citizen is he’s education and therefore education has been included under the Fundamental rights, so that irrespective of any discrimination each individual is at least provided and authoritatively can seek the fruits of education.
Constitutional validity of Right to Education:
Firstly article 29(2), illustrates that no individual will be deprived from taking admission in any school irrespective of caste, creed, religion, colour etc. This part of constitution is applied not only on the citizen but also on non-citizens.
Secondly article 30(1), provides rights to the minorities to register themselves in any state educational institution of their choice, without any sort of discrimination made.
Therefore under the concept of educational right as fundamental rights the above two articles mentioned goes a long way for the purpose of providing education to the citizen for at least up to the age of 14years, until when the child can use his own intellect and can differentiate between what’s right and wrong.
Right to Education in Andaman and Nicobar Islands:
Andaman and Nicobar are group of Island to the eastern side of India, Situated in Bay of Bengal. They have a very vivid and exclusive cultural heritage and people have lived there for such a long time making it home forever. This Islands are Union Territory of India.
In contradiction to many other Indian states the literacy rate of Andaman and Nicobar Island is 86.6%. Over the years it has stayed contrast that shows the positive picture of education in this group of Island. Also the literacy rate here is higher than the national average which is 77.7%. Various schemes have been introduced to adhere compulsory education of Children. Several programs were initiated by the government of India, namely-
EARLY CHILDHOOD CARE AND EDUCATION
It was initiated for pre-primary education of child including education, psychology, nutritional requirement of child. According to reports, Sikkim and Andaman-Nicobar Island had the highest enrolment percentage in pre-primary school in 5 year age group. Pre-primary education provides platform for growth of physical growth by fostering creativity at young age.
.SARVA SHIKSHA ABHIYAAN
Its one of the most important flagship program of Indian govt to make sure the working of free and complete education till elementary stage. It was extended to Andaman and Nicobar Island, introduced in 2001-02, to enrol all children between 6-14 years of age in schools and it continues to ensure it.
However the mode of providing education is not easy here in comparison of other states as it undergoes several challenges like connectivity issues with the mainland, lack of infrastructure and lack of teachers, no awareness about need of education and its benefit to the inhabitants, no proper salary, cost of education and challenging weather conditions, all of this has led to a very negative impact to the people and especially the children whose needs are always kept secondary and left as choice.
One serious challenge that the Island had faced was- The 2004, Indian Ocean Earthquake one of the deadliest Tsunami they have ever seen with many loosing lives and others missing. This has affected the infrastructure, people losing families, loss of jobs, which directly and indirectly impacted on the education of children.
For a longer time the policy implementation of Indian government was colonial in nature as more than half of the population was Negroid descendent. The expenses of education was quite expensive and challenging for the families residing in the Island as many of them were daily labours and the pay was very less. After introduction of Right to education, schooling was made free but all other ancillary expenses were not included which made it difficult.
No proper public transportation facilities available which makes the children walk for longer distances.
Economical constraint with families neglected and completely ruled out the concept of education and is thus considered as waste of money.
The Indian Government along with the Directorate of education department of ANI, made necessary changes in improving education system in the Island, several measures which were taken are:
.BUILDING INFRASTRUCTURE- construction of new schools in remote areas and upgrading of schools with more facilities was made. Necessary infrastructure and availability of resources was next measure and this helped in increasing the enrolment rate.
.REDUCTION IN SOCIO-ECONOMIC BARRIER- implementation of Early childhood care and education (ECCE), Sarva Shiksha Abhiyan (SSA) which provided in overall growth and providing quality education to children respectively. Mid-day scheme was enhanced to provide nutritious meal.
.FINANCIAL EXPENSES- scholarships, financial assistance was provided to families from economically weaker backgrounds, making education available for every individual.
.ANCILLARY EXPENSES- the responsible body started providing uniforms, text books and other materials to children to improve the education system.
The government should also make efforts on providing education similar to that provided in the Indian mainland. Awareness initiatives to be made for parents, community at large for higher participation of everyone in education sector. As the literacy rate is greater in the Island, all it require is proper management of the education system to enhance the better standard of the people of ANI.
The standard of education has undergone subsequent development in years after the legislation of Right to Education made in Indian constitution. Andaman-Nicobar Island had made huge efforts in the idea of education and providing quality education. Several challenges are still need to be addressed which will curb when education is reached out at each and every corner of the Island.
REFERNCES
1.Constitutional Law of India- Dr J.N.PANDEY
2.drishtiias.com
3.legalservices.in
4.www.righttoeducation.in
5.lexpeeps.in
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening