Legislating human rights experience of the right to education act in India from Part II - Adjudication and rights in context

Sengupta, Arghya, Sangai, Ajey, Ambast, Shruti and Gaur, Akriti (2019) Legislating human rights experience of the right to education act in India from Part II - Adjudication and rights in context. In: The Future of Economic and Social Rights. Globalization and Human Rights . Cambridge University Press, Cambridge, pp. 158-184. ISBN 9781108284653

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Abstract

Since the first call for free and compulsory primary education made in pre-independent India in 1910,1 it took almost a century for elementary education to be recognised as a human right backed by legislation. The wheels were set in motion by two seminal Supreme Court judgments in 19922 and 19933 in which the Court declared that the right to education flows from the right to life, and subsequently recognised the fundamental right to free education for all children up to the age of 14 years. The right received formal constitutional recognition through the 86th Amendment to the Indian Constitution in 2002, though it was made applicable only to children between the ages of 6 to 14 years.

Item Type: Book Section
Keywords: Public International Law | Law | Human Rights | Politics | International Relations | International Organisations
Subjects: Social Sciences and humanities > Social Sciences > International Organizations
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Political Science
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 07 Jan 2022 05:02
Last Modified: 10 Jan 2022 08:35
Official URL: https://www.cambridge.org/core/books/future-of-eco...
Additional Information: The authors would like to thank all participants at The Future of Economic and Social Rights Conference at Boston College Law School in April 2016. Particular thanks to Amartya Sen for his detailed feedback. Errors are the authors’ alone.
URI: https://pure.jgu.edu.in/id/eprint/608

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