This article has been written by Piyush Jha, a final year student at School of Law, Sastra Deemed to be University.
Fundamental Right of The Child to Education in Andaman and Nicobar Island
Introduction
The right to education is a fundamental human right recognized by the United Nations and is essential for the overall development and well-being of children. In the Andaman and Nicobar Islands, this right is protected and promoted by various laws and policies aimed at providing access to quality education for all children. Before exploring the present situation of the right in the islands, let us first understand the origin and history of the fundamental right to education.
Origin and History
The fundamental right to education of a child in India is guaranteed under Article 21A of the Indian Constitution, which was added by the 86th Amendment Act of 2002. This article states that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
The Indian Constitution originally did not contain any specific provisions for the right to education. However, the government of India passed the Right of Children to Free and Compulsory Education (RTE) Act in 2009, to give effect to the constitutional amendment. The RTE Act makes it mandatory for all private schools to reserve 25% of their seats for children from economically and socially disadvantaged backgrounds and to provide free education to these children. Furthermore, the Constitution of India, through its Directive Principles of State Policy under Article 45, recognizes the right to education and provides for the State to make provisions for free and compulsory education for children.
In a landmark judgment by the Supreme Court of India in Unni Krishnan vs State of Andhra Pradesh (1993), it was held that the right to education is a fundamental right and that the state has an obligation to provide free and compulsory education to all children between the ages of 6 and 14 years. The scope of Article 21 was extended to bring right of education under its ambit. Further, this judgment laid the foundation for the RTE Act, 2009.
In P.A. Inamdar vs State of Maharashtra (2005), the Supreme Court observed that private unaided educational institutions have the right to admit students of their choice, but they must also reserve a certain percentage of seats for economically and socially disadvantaged groups.
In the case of Society for Unaided Private Schools of Rajasthan vs Union of India (2012), the Supreme Court upheld the constitutional validity of the RTE Act, while noting that the act cannot be applied on private unaided minority schools as that would violate their minority character.
Case study of Andaman and Nicobar Islands
The Andaman and Nicobar Islands are a group of islands located in the Bay of Bengal, to the east of mainland India. The archipelago is made up of two island groups, the Andaman Islands and the Nicobar Islands, which are separated by the Ten Degree Channel. The islands are known for their beautiful beaches, tropical rainforests, and diverse wildlife. The indigenous people of the Andaman and Nicobar Islands, known as the Andamanese and Nicobarese, have a rich cultural heritage and have lived on the islands for thousands of years. The islands are a Union Territory of India.
The literacy rate on the Andaman and Nicobar Islands is relatively high at 86.63% with the majority of the population being literate. However, education facilities in the remote islands are limited and connectivity to the mainland India is not always reliable. There are shortages of teachers and lack of infrastructure. The Government of India has been working towards improving the education facilities in the islands by providing more resources, training and infrastructure, as well as by promoting education in the remote areas.
Challenges
The Andaman and Nicobar Islands, being secluded and remote regions, face several challenges in implementing the fundamental right to education. These challenges include:
- Limited access to education: The islands have a shortage of schools and trained teachers, which makes it difficult for children to access education.
- Geographical barriers: The Andaman and Nicobar Islands are a group of islands located in the Bay of Bengal, and the remote and isolated location of these islands can make it difficult to provide education to the population living there.
- Limited resources: The islands have a small population and limited resources, which can make it difficult to establish and maintain educational institutions.
- Language barriers: The Andaman and Nicobar Islands are home to a diverse population, with many different languages spoken. This can make it difficult to provide education in a language that is understood by all students.
- Lack of trained teachers: The islands have a shortage of trained and qualified teachers, which makes it a challenge to provide quality education to students.
- Infrastructural issues: Poor road connectivity, lack of transportation and limited access to electricity and internet can make it difficult to establish and maintain schools, libraries, and other educational institutions.
- Socio-economic issues: There are many families on the islands that cannot afford to send their children to school making it harder to achieve universal primary education.
Administrative efforts
In the Andaman and Nicobar Islands, the Directorate of Education or the Department of Education, is responsible for the implementation of education policies and the provision of education services. The department has made significant efforts to improve access to education in the islands, particularly in remote and tribal areas. The Government of India has taken several measures to address the challenges faced in implementing the fundamental right to education in the Andaman and Nicobar Islands. Some of these measures include:
- Building infrastructure: One major initiative undertaken by the department is the construction of new schools in remote and tribal areas, as well as the upgrading of existing schools to improve their infrastructure and facilities. These schools are provided with necessary infrastructure and resources, such as classrooms, toilets, and playgrounds. This has helped to increase the enrolment rate of children in these areas and to improve the quality of education provided.
- Addressing socio-economic barriers: The department has also introduced various schemes and programs aimed at promoting education among children from disadvantaged backgrounds. These include:
- Sarva Shiksha Abhiyan (SSA), which aims to provide universal access to quality education.
- The Mid-Day Meal Scheme, with the objective to provide nutritious meals to children to encourage them to attend school.
- Early childhood care and education (ECCE) which refers to the care and education of children from birth to eight years of age with the goal of forming a strong foundation for children’s physical, cognitive, social, and emotional development, and to support their overall well-being.
- Providing language support: Language support is provided to students in order to address the language barriers faced by the diverse population of the islands. This includes providing translation services and offering language classes.
- Providing additional resources: The department has also made efforts to improve the retention and transition rate of students by providing additional resources. This includes the provision of uniforms, textbooks, and other materials to students, as well as the provision of incentives such as scholarships for students who perform well in their studies.
- Focus on Quality education: The department has been focusing on improving the quality of education in the islands by providing professional development opportunities to teachers, strengthening assessment and evaluation systems, as well as accountability mechanisms. It includes the introduction of new curriculum and syllabus, as well as the training of teachers to improve their skills and knowledge. The department has also introduced various programs to promote the use of technology in education, such as the use of digital classrooms and e-learning platforms.
- Providing financial assistance: The department provides financial assistance to families from economically weaker sections to help them send their children to school. This includes scholarships, fee waivers, and other financial incentives.
The way forward
Apart from the above-mentioned efforts, the government needs to focus on providing education that is inclusive and equitable for children from all backgrounds, including children with disabilities and children from economically and socially disadvantaged groups. Furthermore, the government should also work towards increasing community participation in the education sector. This can be achieved by involving parents, community leaders, and other stakeholders in the planning and implementation of education policies and programs. It also includes providing opportunities for community members to participate in the management and monitoring of schools. This can help to ensure that the needs and concerns of the community are taken into account in the provision of education services. In addition, the government should introduce schemes aimed at promoting the education of girls and children from marginalized communities such as the Kasturba Gandhi Balika Vidyalaya (KGBV) scheme, which provides education to girls from disadvantaged backgrounds. The government having identified the islands’ tribes as specially backward communities needs to put special focus on the education of their children. It should also work towards implementing the National Education Policy 2020 with the aim to provide inclusive, equitable, and quality education for all in the islands’ schools.
Conclusion
The right to education is a fundamental human right and is essential for the overall development and well-being of children. The Andaman and Nicobar Islands, through the efforts of the Directorate of Education, Government of Andaman and Nicobar Islands, has made significant strides in promoting access to quality education for all children. However, there are still challenges that need to be addressed. Overall, implementing the fundamental right to education in the Andaman and Nicobar Islands requires a multi-pronged approach that addresses the unique challenges and issues facing the region. Ultimately, the government has a responsibility to ensure that every child in Andaman and Nicobar Islands has access to quality education and their right to education is protected and promoted.
References
Unni Krishnan v. State of Andhra Pradesh., (1993) 1 SCC 645.
P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537.
Society for Unaided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC
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