EDUCATION AND ACCESS TO QUALITY EDUCATION: HOW DOES LAW INFLUENCES ACCESS TO EDUCATION?

Introduction:?

The Constitution in its eighty-sixth amendment inserted Article 21A to provide free and compulsory education for children of age group of 6 to 14. While this enactment preferred right to education to the children, the real intent of the legislature was to ensure that a fundamental human right lays the foundation for personal development, societal progress, and economic growth and is therefore necessary that a person grows through in the primitive years of their life.?

The legal framework governing education plays a pivotal role in shaping the accessibility and quality of educational opportunities for individuals. In the kaleidoscope of a nation's progress, education stands as the cornerstone, shaping minds, fostering innovation, and propelling societies forward.?

Education Dynamics in India?

In India, this transformative force finds its ally in a robust legal framework that not only recognizes the intrinsic value of education but also strives to make it a fundamental right for every citizen. There exists a symbiotic relationship between law and education. This article delves into the intricate relationship between law and access to education, exploring how legal instruments can either serve as enablers or barriers in ensuring equitable educational opportunities for all.?

The field of education law has seen a great deal of legislation enacted by state and federal legislatures as well as periodic statutes, rules, regulations, and ordinances made by educational institutions. Part III, Part IV, and Part IV A of the Indian Constitution represent the right to education. Every member of this nation is entitled to ? education on a basic level. Directive Principle of State Policy endeavours to provide early childhood care and education for all children until they complete the age of six years.?

Case Laws

In a landmark decision (Mohini Jain v. State of Karnataka (1992 AIR 1858 ), the Indian Supreme Court ruled in the Mohini Jain case that the right to education is an implicit aspect of the right to life and personal liberty guaranteed by Article 21 of the Constitution, rather than merely a directive principle. This decision created the framework for the nation's recognition of education as a fundamental right and strengthened its commitment to providing all citizens with affordable, high-quality education.?

In another landmark decision (Unni Krishnan, J.P. v. State of Andhra Pradesh (1993 AIR 217), the judiciary played a crucial role in interpreting Article 21A, which was later inserted into the Constitution by the 86th Amendment in 2002. The court held that the right to education is available to all citizens, and the state has an obligation to provide free and compulsory education to children up to the age of 14 years.?

Education Regulations

The Right to Free and Compulsory Education Act, 2009 is the primary piece of legislation in India that deals with education. University Grants Commission Act, 1956 has the authority and power to take any actions it deems appropriate to advance and coordinate university education as well as to establish and uphold university standards for instruction, assessment, and research. The All India Council for Technical Education Act, 1987 carries out an assessment of the technical education facilities and to encourage integrated, coordinated national development.

Therefore, the Apex Regulatory Body has taken important steps to ensure that new learning is stress-free for both faculty and students.?

Conclusion?

In summary, the impact of law on education is multifaceted. Legal frameworks establish education as a fundamental right, promote equality and non-discrimination, enforce compulsory education, and implement affirmative action to address historical disparities. These laws shape the educational landscape, ensuring access, inclusivity, and the realization of fundamental rights for all individuals. The nexus between law and access to education is intricate and multifaceted.

A robust legal framework can serve as a catalyst for creating an inclusive, equitable, and accessible education system. However, challenges persist in enforcing these laws and ensuring their effectiveness in diverse socio-economic and cultural contexts. As societies evolve, so must the legal frameworks governing education to adapt to new challenges and continue progressing toward a world where education is truly a universal right.?