Title:
HUMAN RIGHTS AND RIGHT TO EDUCATION IN INDIA

Authors:
Dr. Jaswinder Kaur

Abstract:
Human rights are fundamental rights of any human being regardless of his or her nationality, residence, sex, racial or ethnic origin, colour, faith and language and all other status. Human rights are fundamental rights of each person. In the Indian Constitution rights are provided in Part III as fundamental rights. Our Constitution guarantees six fundamental rights to Indian citizens as follows: right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. Education is the best instrument to shape the future of both an individual and the entire country. The right to education is a fundamental human right under the right to freedom. There are clauses in the Indian Constitution to ensure that all children obtain education. In its original act, the Indian Constitution specified education as a subject of the national list. In 1976, the 42nd constitutional amendment was added and education became a concurrent list subject for regulation on the central government. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002under the article 21A. In 2009, Parliament enacted the Right of Children to Free and Compulsory Education Act (RTE Act), a statute allowing the protection of the Basic Right. As of 1 April 2010, both the constitutional and the current legislation come into effect. On Constitutional basis, the present paper highlights the fundamental human rights and right to education of the children in India.