Education is a fundamental human right and is essential for the realization of all other human rights. It promotes individual freedom and empowerment and provides important development benefits. However, millions of children and adults are deprived of educational opportunities due to poverty.

Normative documents of the United Nations and UNESCO establish international legal obligations for the right to education. These tools promote and promote everyone's right to access to quality education without discrimination. This instrument testifies to the importance that member states and the international community attach to regulatory measures to realize the right to education. Governments must fulfill their legal and political obligations to provide all quality education and to implement and monitor more effective education strategies.

Education is a powerful tool by which economically and socially marginalized adults and children can rise out of poverty and participate fully as citizens.

India is home to 19% of the world's children. This means that India has the largest youth population in the world, which is especially useful when compared to countries like China, which has an aging population.

The bad news is that India has one-third of the world's illiterate population. It's not like the literacy rate isn't increasing, but the rate of growth is slowing down rapidly. For example, from 1991 to 2001, the growth of all literacy was 12.6%, but it decreased to 9.21%.

To combat this worrying trend, the Indian government has proposed the Right to Free and Compulsory Education (RTE) Act, making education a fundamental right for every child between the ages of 6 and 14 years.

The right to education is a universal right to education. The International Covenant on Economic, Social and Cultural Rights recognizes the right to free compulsory primary education for all as a human right, which includes the obligation to promote accessible secondary education for all, especially the systematic introduction of free secondary education. education, as well as the obligation to promote equitable access to higher education by introducing free higher education.

The right to education also includes the responsibility to provide basic education for individuals who have not completed primary education. In addition to access to education, the right to education includes the obligation to eliminate discrimination, set minimum standards and improve the quality of education at all levels of the education system.

RIGHT TO EDUCATION IN INDIA
Education is the process of learning and acquiring knowledge, skills, beliefs and attitudes that help lift people who are socially and economically marginalized from poverty.

India is home to 19% of the world's children. Does this mean anything? India is the country where most of the youth live. But it is also true that one third of the world's illiterate population lives in India. The rate of literacy has not increased, not necessarily, but the rate of growth has been very slow instead of decreasing. Between 1991 and 2001, this number dropped from 12.6% to 9.21%.

To address this worrisome issue, the Government of India introduced the Free and Compulsory Education Act, Right to RTE, and made education a fundamental right for the 6-14 age group.

The Right to Education Act is an Act of Parliament passed on August 4, 2009 in India which establishes and emphasizes the importance of free and compulsory education for children aged 6 to 14 years. India has become one of the 135 countries that have implemented the right to education as a fundamental right guaranteed to every child in our constitution under Article 21A. This law came into effect on April 1, 2010.

CONSTITUTION ON EDUCATION
The basic structure provides social justice to every citizen and education is a social aspect and must be addressed by policymakers as the supply opportunities are not equal if the population is below the literacy level. Social change, which is the essence of education, cannot be achieved if a person is not given the opportunity to save his life from tragedy and disaster.
 The right to education has now become a fundamental right and has been included in Part III of the Indian constitution under Article 21-A. This is done in connection with Mohinijain and the state of Karnataka.

The Supreme Court decision settled the case. Justice Kuldeep Singh and R.M. Sahai:
"The right to education is the core of the right to life and is directly related to it, and life with dignity can only be guaranteed if education plays an important role."

Later, the power of this decision J.P. In Unnikrishnan v. The state of Andhra Pradeshwas reconsidered and it was as follows:
"The right to education means the right of citizens to call on the state to provide educational facilities according to their financial capabilities."

The above cases enumerate the right of access as a fundamental right under Part III. Maharashtra State Board of Secondary and Higher Education v. K.S. There are many other cases where the right to education is a fundamental right. Gandhi, Supreme Court v BandhuaMuktiMorcha and others. Considered a case involving the Union of India.

Therefore, it will be the imperative duty of the state to provide opportunities and opportunities to children as envisaged in Article 39 (e), 39 (f) of the Constitution and prevent the exploitation of children due to extreme poverty and deprivation.

CONSTITUTION PROVISION FOR EDUCATION IN INDIA
The Constitution of India lays down rules for education in the following major areas of education:
Education for women
One of the main elements of modern Indian education and policy is the promotion of female education.
The education of girls is as important as that of boys.

Some articles of the constitution contain the following provisions:

• Article 15 This article prohibits discrimination against citizens of any country based on race, religion, sex or place of birth.
• Article 15(3) of the Constitution empowers the state to make special provisions for women, including education.
• Article 15 (1) In this Article, the State will not discriminate against any citizen based on race, religion, sex or place of birth.
• The National Education Policy of 1986 was particularly concerned with the status and education of women in the country.
• According to the 1986 Education Policy, "education will be used as a proxy for radical changes in the status of women in society".

Free and Compulsory Education:
According to Article 45 of the Directive Principles of State Policy, the Constitution envisages the following provisions: "The State must ensure free and compulsory education for all children within ten years from the date of entry into this Constitution. fourteen years."

The expression "State" in this Article includes in Article 12 "The Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within or under the jurisdiction of India. Constituted by the Government of India." Article 45 explains that the provision universal, free and compulsory education is the joint responsibility of the Center and the States.

The constitution stipulated that universal compulsory education should be provided to all children up to the age of 14 in 10 years, that is in 1960, but unfortunately this directive was not implemented. A strong effort is needed to achieve the goal of 100 percent primary education. The central government should provide financial sufficiency for this. At the current rate of development, this directive is expected to be implemented by the end of this century.

Minority Education:
Article 30 of the Indian constitution refers to certain cultural and educational rights to establish and manage educational institutions.

All minorities based on religion or language have the right to establish and manage educational institutions of their choice.

In giving aid to educational institutions, the State should not discriminate any educational institution on the basis of religion or language because it is under the leadership of a minority.

Language security:
Article 29 Clause 1 states that "Any section of citizens residing within the territory of India or in any other language, script or other language shall have the right to maintain the same". Article 350B appoints a special officer for linguistic minorities to investigate all matters related to the guarantee provided for linguistic minorities in the constitution.

Education for Weaker Sections:
Article 15, 17, 46 protect the educational interests of the weaker sections of Indian society, ie socially and educationally backward and scheduled tribes and scheduled tribes. Article 15: "Nothing in this Article or in sub-section (2) of Article 29 shall prevent the State from making special provisions for the social development and education of backward citizens or Scheduled Tribes and Scheduled Tribes."

According to Article 46 of the Constitution, the federal government is responsible for the economic and educational development of Scheduled Tribes and Scheduled Tribes.
It says "The State must promote the educational and economic interests of the weaker sections, especially the Scheduled Tribes and Scheduled Tribes, with special care and protect them from social injustice and forms of exploitation." This is one of the directive principles of national policy.

Other provisions
Article 46: Talks about giving special attention to the development of educational and economic interests of Scheduled Tribes, Scheduled Castes, OBCs and weaker sections of society.
Article 337: This article provides special provisions regarding educational grants for the Anglo-Indian Community.
Article 350B: Offers for grants and offers for linguistic minorities.
Article 351: This article deals with the development and promotion of Hindi language.

RIGHT TO EDUCATION ACT
This law is called "Right of Children to Free and Compulsory Education". It was adopted by Parliament in August 2009. When the Act came into force in 2010, India was among 135 countries where education is a fundamental right of every child.

The 86th Constitutional Amendment (2002) inserted Article 21A in the Constitution of India:
"The state must provide free and compulsory education to all children between the ages of 6 and 14 in the manner prescribed by law."
Accordingly, the right to education is made a basic right and removed from the list of Directive Principles of State Policy.
RTE is an effective legislation under the 86th amendment.
The article contains the word "free" in the title. This means that no child (other than those admitted by his parents to a school not aided by the Government) shall have to pay any fees or charges or fees which may prevent him from pursuing and completing his primary education. .
This law requires the government to ensure that all children between the ages of six and fourteen are registered, enrolled and complete primary education.
In fact, this Act provides free primary education to all children from economically weaker sections of the society.

The provisions of the RTE Act are explained in brief below. Act provides:
The right to free and compulsory education for children until the completion of primary education in neighborhood schools.
According to the law, "basic education" means that it is the government's duty to ensure that children between the ages of six and fourteen receive, enroll and complete basic education. The word "free" indicates that no fee is charged that would prevent a child from completing such an education.
The law provides for the adoption of unadopted children into the appropriate age group.
It mentions the responsibility of relevant governments, local authorities and parents to ensure that children receive an education. It also determines the sharing of the financial burden between the central and state governments.
It sets standards and norms for pupil teacher ratio (PTR), infrastructure and buildings, school hours and teachers.
It also says that there should not be urban-rural disparity in teacher records. The law also prohibits the employment of teachers in non-academic work except for census, election and disaster work.
The law states that appointed teachers must be trained and qualified.

The law prohibits:
Mental abuse and physical punishment.
Child Admission Screening Procedure.
Ability cost.
Private lessons by the teacher.
Running a non-recognition school.
The Act envisages the development of a curriculum that will focus on the values ​​enshrined in the Constitution of India and on the development of children. The curriculum should be based on the child's knowledge, potential and talent, and should help the child overcome trauma, fear and anxiety through a child-centred and child-friendly framework.

DIGITAL EDUCATION FOR DIGITAL INDIA
Technology is one of the buzzwords of our world, but it is also one of the most confusing forms of elite and systematic knowledge. The use of this term has changed dramatically since the 20th century and continues to evolve over time, thus not only helping businesses and individuals increase their productivity, but also playing an important role in the development of human civilization.

It cannot be denied that technology has revolutionized many practical fields, be it gadgets, faster communication methods, or even education. The spread of the COVID-19 pandemic has led to major changes in the traditional education system, where the concept of online classes and the use of laptops have replaced the traditional teaching methods in classrooms and books. Digital education in India, the only source of education for students in the country during the pandemic. Today, with the click of a button, students have instant access to the highest quality information available in the world.

They can acquire practical and technical knowledge. Innovative audio-video features can enhance learning, learning materials can be downloaded and saved for future use. Teachers can also interact with students through e-classrooms, teach, share ideas and resources, and use resources available on the Internet for various projects, research, etc. they can be used for.

It is often said that technology will be the wings that allow the world of education to fly faster and faster than before. Online learning has changed the way we look at education, improving the education sector over time and adding a convenience factor to our lives. The Government of India has announced several initiatives as part of its education campaign to benefit students from various walks of life. Ministry of Human Resource Development (MHRD), "One Nation; "One Digital Platform" aims to unify online, digital and broadcast educational efforts. It is a national platform for schools in India that includes quizzes and courses for teachers and students. Similarly, many technology-based initiatives like Vidyadaan, SWAYAM, Pathshala, ShikshaWani and others have brought a sea change in the lives of these people.

This government initiative is a repository of powerful educational resources that students, teachers, researchers and parents can access whenever they want. The best thing about these portals is that they are user-friendly and available in different languages ​​- English, Hindi, Urdu and Sanskrit, making them an educational powerhouse, which is good for India as people who speak different languages ​​can. use them and improve. learning and the opportunity to become a better and better person. Users can download relevant study materials from their respective portals/platforms and use them later as per their convenience. Radio broadcasting also helps students living in remote areas to get an education. DTH channel using sign language - DAISY is also available for disabled students. This new technological advancement in the field of education has catapulted India to the top.

India plays an important role in the global education sector and is expected to become one of the largest suppliers of talent in the world in the coming years. However, the need of the hour is to ensure that our students get quality education and practical experience. Our curriculum should be skill oriented, more personalized and modern.

Digital agility through digital education is the need of the hour. In order for digital education to be successful, teachers must be given sufficient and effective training to be comfortable in the new learning period. This along with well equipped infrastructure and internet connection should be provided in the remotest parts of the country to get the proper benefits of this method of education. Electronic devices and technology should be accessible to vulnerable sections of society at low cost, digital learning should be cost-effective and create equal opportunities for all. Through this method can be made more interactive and interesting between students and teachers. Digital education will go a long way in addressing India's cultural and linguistic diversity.

India is well placed to reap the benefits of digitization of education, which can change the 'how and what' we learn and soon help bridge the gap between teachers and students. However, to be useful, digital education must complement traditional physical education and is not cost-effective. The benefits of physical education cannot be overstated as personal touch and interaction play a huge role in a child's development. Both of these methods should complement each other. Only then can the country reap the true benefits of Digital Education by dramatically increasing the educational attainment of students and taking India on the road to glory.

Digital education initiatives and their goals
Here are the key initiatives taken by the Government of India to promote digital education activities:
National Digital Education Architecture (NDEAR)
In the Union Budget 2021-22, the Government of India launched the National Digital Education Architecture (NDEAR) to strengthen digital infrastructure and support educational planning initiatives. NDEAR aims to develop a unique educational ecosystem architecture to develop digital infrastructure in the country and ensure the autonomy of stakeholders, especially states and UTs.

Program PM eVIDYA
The government launched the PM eVIDYA program in May 2020 to make e-learning more accessible to Indian students and teachers and promote and strengthen digital education in India. The program aims to integrate all activities related to online / digital education and is expected to generate 25 million euros for school students.

The program will also involve designing unique e-content for hearing and blind students to provide radio/podcast and digital textbooks with QR codes to school students (grades 1-12) on the DIKSHA portal.

Accordingly, 100 universities are allowed to launch online courses, provide better learning opportunities for 3.7 million higher education students, and promote e-learning by relaxing the regulatory framework for distance / open / online education.

DIKSHA
In September 2017, the government launched DIKSHA (Digital Infrastructure for Knowledge Sharing), a national school education portal, to provide teaching materials based on the school curriculum to students, teachers and parents. The portal supports > 18 Hindi languages ​​and has been implemented by 35 states/UTs.

SWAYAM
In 2017, the government launched the 'Active Learning Website for Aspirant Minds' (SWAYAM) to provide an integrated platform for affordable online courses to all citizens, especially the underprivileged parts of the country.

The portal provides Massive Open Online Courses (MOOCs) to provide quality education to students in various subjects (from 9th to 12th grade to undergraduate and postgraduate).
 
SWAYAM PRABHA
In 2017, SWAYAM PRABHA was introduced, consisting of 34 DTH (Direct-to-Home) channels dedicated to broadcasting educational programs 24x7.
The channel broadcasts at least four hours of new content every day and repeats it five times on the same day to select a suitable place for students.

ePathshala Portal
In 2015, the government released educational videos, audio clips, flip books, etc. launched the ePathshala portal to build a resource store for The resources on the portal are available in Hindi languages ​​like Hindi, English and Urdu and can be accessed through smartphones, laptops, desktops and tablets.

NISHTA
In FY21, National Initiative for Inclusive Development of School Principals and Teachers (NISHTHA) - NISHTHA - Phase 2 was launched at medium level to prepare modules for online education. According to the Union Budget 2021-22, 5.6 crore teachers will be trained under the NISHTHA training program in FY22.

Virtual lab
The Government of India introduced an experimental virtual laboratory in 2009 to enhance the learning experience for undergraduates and postgraduates (pursuing science and engineering courses) by accessing laboratories remotely.

Virtual Labs provides students with a Learning Management System and a variety of learning resources including video lectures, web resources, self-assessments, and animations.

Besides, other digital initiatives taken up by the government include ShikshaWani radio for public use, Center for Secondary Education (CBSE) podcast, National Institute of Open Schooling (NIOS) website/YouTube and Digitally Accessible sign language content. . Information System for Accessing Special Electronic Content for Hard of Hearing and Blind Students (DAISY) and Free Open Source Software for Education (FOSSEE).

International recognition of education as a human right:
There are many human rights issues that cannot be solved if the right to education is addressed as the key to unlocking other human rights. The right to education is clearly recognized in the Universal Declaration of Human Rights (UDHR) of 1948:
"Everyone has the right to education. Education should be free, at least at the basic and elementary levels. Primary education is mandatory. Technical and vocational education must be universally available and higher education must be equally accessible to all..." (Article 26)

In addition to the UDHR, the right to education is recognized, protected and promoted in several international human rights treaties, including:

• Convention on Discrimination in Employment and Occupation (1958) - Article 3
• Convention against Discrimination in Education (1960)
• International Covenant on Economic, Social and Cultural Rights (1966) - Article 13
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1981) 10 Article 10
• United Nations Convention on the Rights of the Child (1989) - Articles 28 and 29

Therefore, the right to education recognized by this international agreement is not only access to education, but also the obligation to eliminate discrimination, set minimum standards and improve quality at all levels of the education system. Regarding the application of these conventions in India, it should be noted that India is a party to the ICESCR, CERD Convention, CEDAW Convention and Convention on the Rights of the Child.

Prominent organizations around the world working to promote the right to education include:

1. United Nations Educational, Scientific and Cultural Organization (UNESCO)
2. United Nations Children's Fund (UNICEF)
3. World Bank
4. International Labour Organization (ILO)

CONCLUSION
To quote former Chief Justice of India, Justice PN Bhagwat:

"Child, soul and creature, nature, and faculty, must help to find them, adult, body and vitality, and to the fullest breadth, depth, and height. emotional, intellectual and spiritual existence; Otherwise, the nation will not be able have a healthy development," he said.

Each generation looks forward to the next generation with the hope that they will build a better nation than the current generation. Therefore, education that empowers future generations should be a major concern for any nation. It is an indisputable fact that the right to education can be realized at the national level only through compulsory education, or rather, free basic education. However, efforts to develop an education system with full access, equity and quality education in India have not been made due to widespread poverty and diverse perceptions in society. A cause for concern is the inability to ascertain the number of dropouts among marginalized sections of the population.

REFERENCE

1. https://physicscatalyst.com/graduation/constitutional-provisions-on-education-in-india
2. https://www.yourarticlelibrary.com/constitution/12-major-constitutional-provisions-on-education-in-india/45230
3. https://www.dailypioneer.com/2022/columnists/digital-education-for-digital-india.html
4. https://www.ibef.org/blogs/digital-education-initiatives
5. https://www.legalservicesindia.com/article/1925/Right-to-Education.html
6. https://byjus.com/free-ias-prep/right-education-act-rte/
7. https://blog.ipleaders.in/right-to-education-3/?amp=1

Written By:

1. Shashank Rai (LL.M)
2. Dr.Sandeep Mishra (Assistant professor)