Examining the Right to Education in India and the Importance of Prioritizing Education: Lessons from Japan

“Education is the birthright of every person and this right cannot be denied to anyone.” ?? Dr. Babasaheb Ambedkar

The Kami-Shirataki train station in Japan's north island of Hokkaido is well-known for the heartwarming story of how it stops its train twice a day just for one high school student.

Japan Railway had planned to shut down the Kami-Shirataki station due to its remote location and the cessation of freight trains, but they decided to keep it open after discovering that a young girl used the station to go to high school every day. Since then, trains have continued to stop at the station just for her until she graduated in 2016.

The Karnataka High Court of India has reaffirmed the state's commitment to education, enshrined under Article 21-A of the Indian Constitution, which mandates every child between six and fourteen years old to have the right to free and compulsory education. The Right to Education Act came into force in 2010, which also sets out minimum standards for schools and requires that schools meet certain infrastructure requirements.

However, despite the passage of the RTE Act, there have been many challenges in its implementation. One of the significant challenges has been the inadequate infrastructure in many schools, especially in rural areas. In many cases, schools lack basic facilities like toilets, libraries, and playgrounds, which result in teacher shortages, inadequate training, and low levels of funding.

The Karnataka High Court addressed the issue of the state's obligation to provide necessary infrastructure for schools in the case of The School Development and Monitoring Committee and the State of Karnataka & Others. The court cited the example of a remote village in Japan where trains run by the state stop only a few times a day to pick up the only school-going child and later drop her back home. The train station exists only for this one child, and the trains run at the cost of the state for the sake of the child's education.

Important aspect of the ruling is summarised herebelow :-

• The Karnataka High Court has directed the State Government to identify/approve identified land for construction of a school building in Maddur Taluk, which was demolished after land on which it stood was acquired for upgrading Bangalore-Mysore Highway.
• Justice M Nagaprasanna was irked by the three-year delay of the state government officials in constructing the new school building and on perusal of the photographs highlighting the conditions in the makeshift schools which the children are attending.
• The bench cited the example of Japan, where the government made education even of one child a top priority and was lauded as good governance at the grass-root level.
• The officers of the state government must remember that every citizen's right matters, and no child can be left behind.
• The School Development and Monitoring Committee of the Government Lower Primary School, Agaralingana Doddi, Maddur Taluk approached the court seeking a direction to the government to take immediate action for initiation of process of identification of land and rebuilding of the Government School.
• The subject school was established 35 years ago and was within the jurisdiction of the Gram Panchayat.
• The NHAI project of widening and upgrading Bangalore-Mysore Highway, into a ten-lane road led to the demolition of the entire school building. The NHAI awarded compensation of about Rs. 67 lakh.
• The committee then in 2020 made a representation to the Block Education officer for utilization of compensation amount for purchasing an alternative land for construction of a new school building, but in vain.
• The State government submitted that the Committee has no locus to knock at the doors of this court. Further, the compensation amount should first come to the consolidated fund of the State, and only then the State would release funds for the establishment of a new school building.
• The bench remarked that social and economic development of the nation depends upon its educated population, and for a successful democratic system, education is a fundamental requirement.
• The right of children for free and compulsory education was enacted by the Parliament on 04-08-2009. The Act makes education a fundamental right of every child between the ages 6 to 14 and specifies minimum norms in elementary schools.
• State is under the constitutional obligation to provide education to all children of the age of 6 to 14 years for which purpose it is the duty of the State to provide/create necessary infrastructure and effective machinery for proper implementation of the said right, failing which, the right to education guaranteed under Article 21-A would remain illusory.
• The officers of the state government must remember that the right of every citizen matters, and no child can be left behind. The issue before this court is not just one school, it is even one school.
• The bench ordered the state government to forthwith identify/approve identified land for the construction of a new school building and to make all efforts to complete the construction of the school building within six months from the date of identification of land.
• The bench also ordered the state government to ensure that the children of the subject school are immediately shifted to the new school building on completion.
• The case highlights the importance of education as a fundamental right and the duty of the State to provide necessary infrastructure for its implementation.

The court praised the Japanese government for making education a top priority, even for just one child, and lauded it as good governance at the grassroots level. The court emphasized that every citizen's right matters, and no child should be left behind. The Karnataka High Court directed the state government to identify and approve land for the construction of a new school building in Maddur Taluk immediately.

“The court said It shocks the conscience of the Court looking at the state of the children and the lackadaisical attitude of the State. What should be the concern of the State towards the education of a child can best be illustrated by a fact that is in public domain. In a remote place on the Island of Hokkaido, Japan there lives a girl who goes to the High School. The only child who goes to the school was at that place. The trains run by the State stop there only few times a day, once to pick up the girl for school and later, to drop her back when the school day is over. The train station exists only for one school going child and the trains run at the cost of the State for one school going child. It is, therefore, the people round the globe tipped their hats in praise of the Japanese Government for making education even of one child a top priority. It was lauded as good governance at the grass-root level. Therefore, the officers of the State must remember that right of every citizen matters and no child can be left behind. The issue before this Court is not “just one school”, it is “even one school”. This Court would not permit the State to reduce the fundamental right of children under Article 21-A of the Constitution of India, to a “mere rope of sand.“

In conclusion, the example of Japan cited by the court underscores the importance of making education a top priority, even for just one child, and provides a valuable lesson in good governance at the grassroots level. The right to education is a fundamental right in India, and the state has a constitutional obligation to provide education to all children of the age of 6 to 14 years. The state's commitment to education has been reaffirmed by the judiciary time and again. The Karnataka High Court's judgment in The School Development and Monitoring Committee and the State of Karnataka & Others serves as a reminder of the state's responsibility to ensure that every child receives a quality education, and no child is left behind.

The stories of the Kami-Shirataki train station in Japan and the Karnataka High Court in India both emphasize the importance of prioritizing education and providing necessary infrastructure for all children, regardless of their location or circumstances. The example of the Japanese train station demonstrates that even one child's education is worth the effort and cost, and the Indian judiciary's insistence on the right to education highlights the state's constitutional obligation to provide access to quality education for all. These stories serve as valuable reminders that education is a fundamental right and a vital component of building a just and equitable society.

Reference: Karnataka High Court Directs State Govt To Construct New School Building After Demolishing Existing One Built On Mysore Expressway [Read Order]. Live Law India. Available at: https://www.livelaw.in/high-court/karnataka-high-court-right-to-education-school-demolition-mysore-expressway-construct-new-building-article-21a-226327 (Accessed on April 15, 2023)