From the ‘Brahmcharya’ stage of ‘Chaturashram’ to our present globalized world the concept of ‘Education’ has gone through various stages of social transformation. In the words of Mr. Will Durant education is the “transmission of civilization”. Without education a man is so circumstanced that he knows not how to make the best of himself. Therefore for him the purpose of society is ab-initio frustrated. In Brown V. Board of education[1] the importance of education was explained in the following words:
“It is the foundation of good citizenship. Today it is principal instrument in awakening the child to cultural values, in preparing him for later professional training & in helping him to adjust normally to his environment”.
The Court through judicial activism has made the basic right to education as fundamental enforceable right under Article 21A along with the recognition of Article 26 of the Universal Declaration of Human Rights & Article 13(2)(a) & (c) of the International Covenant on Economic, Social & Cultural Rights. Our Constituion recognized this Right to Education through its 86th amendment. Keeping the objective of Article 21A in mind, its provisions have been liberally construed allowing teachers & educational institutions to obtain benefits as well. The underlying logic is that the grant of benefits to those involved in the process of education would also indirectly benefit those for whom the Article was primarily intended. A true democracy is one where education is universal & where people understand what is good for them & the nation & know-how to govern them. When citizens are in vulnerable ignorance & squallier, they know not themselves how to make the best use of the opportunities, the talk of fundamental rights or human rights become meaningless for them. So, apart from the Government initiatives, it is the parents who have to take the first step to make their child educated only then the all round progress of a nation can be possible in true sense.
[1] 98 L Ed 873, (1953) 347 US 483 at 494
Post Contributed By:
SOUMYA PRATIK DUTTA
Indian Istitute of Legal Studies
