86th Amendment 2002

The  86th Constitutional Amendment is made with regards to protecting the citizen’s rights of education, as well as knowing the challenges in India regarding education; 86th amendment act 2002, makes three exact provisions in Constitution to facilitate understanding of free and compulsory education for children between age 6 to 14 years as a Fundamental Right. 

What is the 86th Amendment 2002?

The 86th amendment act 2002, also known as Right of Children to Free and Compulsory Education (RTE), mainly added provisions regarding the Fundamental Right of a child to free and compulsory education. The amendment also imposes new responsibilities upon the state governments, local authorities and all other persons. These are reiterated in the table below : 

Who is responsible for providing free and compulsory education to children?

As per the Article 21a, every child between the age group 6- 14 years has a fundamental right to full time elementary education which is of satisfactory and equitable standard. The Article 21A states that the state shall provide free and compulsory education for all children between 6 to 14 years. The responsibility of providing this free and compulsory education falls upon the state Governments.

The second major change to be noted is that all schools within the 6-14 age group will now have to implement free and compulsory education. The amendment also states that no unaided educational institution can deny admission to these students. Non-compliance will result in penalties for non-government schools as well as strict punishment for private unaided institutions.

Further amendments states that local authorities shall also ensure these provisions are upheld and implemented at the local level, by creating appropriate schemes involving parents, teachers, school management committees etc.

Objective of 86th Amendment 2002:

86th Amendment 2002, is aimed at the children below 14 years to fulfill their right with free and compulsory education in a formal school. This act of giving free and compulsory education to children by the state has been covered by Article 21A in part III. This article covers various sub-clauses in itself again, which demands that a child between 6 to 14 years is given proper schooling as well as education, which will be provided by the state through every means possible. In this particular article also, it is stated that such children must have access to schools within the vicinity of their home and their parents will be responsible for ensuring their children are sent for education. This act of child’s right to education was firstly initiated in the year 2000 and the main objective of these acts to provide a platform for children who’re unable to complete their primary education, that they should be allowed access to schooling within distance of their residences. The act also includes these possibilities as a right for every child between 6 and 14 years, that they’ll be provided with an environment which enables them to obtain early childhood care as well as opportunities for quality education.

What is the 86th Amendment act 2002?

86th Amendment act 2002, is an amendment to the Indian Constitution, in Article 21a, which was initiated for providing an empowerment of children with a fundamental right to free and compulsory education at school level.

Significance of 86th Amendment 2002:

The effect of 86 amendment 2002, has been the improvement and development of the Indian education system. This has provided an opportunity to all children to complete their primary education along with their parents and guardians. This act is not only very essential for young children but also a necessity to get an upbringing with regards to child’s rights, that they should be allowed adequate schooling within close proximity and access to quality education.

Functionalities of 86th Amendment 2002:

Just as mentioned above, the act has enabled Indian citizens an access to quality education in various groups of children by improving their education system through providing free and compulsory schooling. This amendment has been created and put into the act to provide children between the ages of six to fourteen, a quality education and in Indian context it is essential, as this is one of the country’s poorest states where school enrolment levels are lowest. The act was established in order to accomplish these objectives, by providing every child with quality education with basic facilities for them in such areas as classrooms, trained teachers and also a safe environment for children. Children who are unable to receive elementary education during this age will be able to catch-up on their education at a later stage rather than being excluded from an educational system.

What is the Right to Education?

Right to Education Act of 1995, is one of the most important acts in respect of country’s children. This act emphasizes on providing education to all children between the age group of 6 to 14 years old, despite their religious or cultural origins, also for every child who would like to receive education as well as complete primary schooling. 

Children are often being deprived from quality education due to various excuses such as economic crisis and also because of lack of infrastructure and resources. The reason behind this is children are unable to afford their own expenses and also their families may not be able to. Along with this, they are unaware of their rights as they are not aware of the institution’s regulations and also how to proceed. This act will directly affect the children’s access to education, by giving such parents an opportunity to fulfill their child’s rights through initiating such acts as well as providing them a platform for education thus enabling them to obtain proper schooling.

Conclusion:

The 86th amendment is one of the essential amendments, which are extremely beneficial for our society and students alike. This act has proven to be a revolutionary step by the government as it will enable children to receive quality education and also enable parents to fulfill their children’s rights as per their young age.

Article 21A  has various clauses in itself, but these clauses emphasize on a child’s right to education, by providing them access to proper schools. The 86th amendment act 2002  will ensure that every child between six and fourteen will have a right to free and compulsory education.