The Indian constitution was a rigid pole until issues like poverty, education, gender empowerment, regional disparity, household conflicts, rich-poor vulnerability, and countless others hindered the growth of Indian society. Taking this into account, the Government of India introduced amendments to the constitution. The Eighty-Sixth Amendment was one of the most important and infamous amendments the government brought into the body. The Eight-Sixth Amendment was introduced on 12th December 2002. The Parliament enacted it in the 53rd Year of the Republic of India. The amendment had many new codes and decrees to be followed by the state in favour of children belonging to economically weaker sections. Certain fundamental rights and duties were amended to ensure that education reached every corner of the nation.
Article 21A:
- The Act introduced a new Article 21A, right after article 21, “Right To Education.”
- In layman’s terms, According to Article 21A, the state must provide free and compulsory education to all children between the ages of 6 and 14. This was done to make education a right and to ensure that youngsters are moulded toward it rather than being compelled to work or engage in behaviours like begging and child trafficking.
Substitution for Article 45:
- In addition to Article 21, there was another substitution of a new code for article 45.
- The substitute charter was “Provision for early childhood care and education to children below six years.” This change ensured that the state would support all children with early childhood care and education until they reached the age of six.
- The government hoped that by doing so, it would be able to eliminate health problems that children face throughout their toddler years. No child should be denied access to health care because their parents cannot afford it.
Amendment Of Article 51:
In Article 51, there was an addition after Clause(j), and the added clause that “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.” This was named clause (k). The Indian Constitution initially did not include essential obligations. The 42nd Amendment Act of 1976 added ten necessary commitments, and the 86th CAA added one more responsibility. “All citizens who are parents or guardians may give educational opportunities for children or wards between the ages of 6 and 14,” the 86th CAA included as an essential requirement. These are non-justiciable moral obligations owed by national citizens.
Characteristics of the Right to Education (RTE) Act of 2009:
- Children between 6 and 14 are expected to receive a primary education under the RTE Act.
- It upholds the fundamental right to education (Article 21).
- The statute requires a 25% reserve for the society’s most vulnerable populations, which include:
- The SC and ST
- Socially Undeveloped Class
- different abilities
- It provides for the admission of a non-admitted kid to a class suitable for their age.
- It mentions the division of duties between the Central and State Governments in terms of finances and other matters.
- Additionally, it forbids teachers’ use for non-educational tasks, excluding those related to the biennial census, local government, state legislative, parliamentary elections, and disaster assistance.
- It allows for selecting instructors with the necessary entry-level and academic credentials.
It forbids
- both physical and psychological abuse
- screening processes for minors entering the building entry charge
- instructors’ private instruction
- operating schools without authorization.
- Through a method of child-friendly and child-centered learning, it focuses on releasing the kid from fear, trauma, and anxiety.
Conclusion:
The Eighty-Sixth Amendment was significant as it changed the fundamental duties and rights of Directive Principles of State Policy (DPSP). It became the basis for “the right of children to free and compulsory education act,” and India became one of 135 countries around the globe where education is a fundamental right of every child. The right to education became a fundamental right, and it was withdrawn from official policy directives. Under this, no child will be required to make any fees or payments to obtain education to complete primary school. These factors also made the government’s role crucial in assuring primary school entrance, attendance, and completion for all children aged six to fourteen.
On the primary level, this act was entitled to provide such services to the children who belonged to the economically weaker sections of society. Gradually there were many extensions to the action wherein physically challenged children and children belonging to different reserved categories were also considered.