Introduction
The
constitution of India came into existence on January 26, 1950. The
various constitutional provisions regarding education in India are in
accordance with our political, economic, social and cultural needs.
These
provisions aim at fulfilling the aspiration of the people through the medium of
education. They have served as ideas to be achieved and the basis for various
educational developments in our country after the independence.
Goals
of Educations envisaged in the constitutions
v Training the
citizens of India for the democratic political order.
v Inculcation of
social and moral values.
v Achieving social
and national integration.
v Providing
education for all.
v Equalising
educational opportunities.
v Achieving socio
cultural development.
v Achieving the
modernization of Indian society.
v Achieving human
resource development.
Constitutional
Provision Related to Education
The constitution of India has given the following guidelines
for the development of education in India which are called as constitutional
provision related to education.
Equality before Law
Article 14 provides,
that the state shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.
Special
rights for women education
Article 15(3) of the
constitution provides
that
there will not be any limitation on the state for any special provision for
women and children.
Equality
of opportunity in matters of Public Employment
Article 16 promises
1. There shall be equality of opportunity for all
citizens in matters relating to employment or appointment to any office under
state.
2.
No citizens shall, on grounds only of religion, race, caste, sex descent, place
of birth, residence or any of them be ineligible for , or discriminated against
in respect of any employment or office under the state.
Clear
direction for religious education
Article 22 lays down
that
any state-funded educational institution will not compel the children to be
present in any religious ceremonies.
Article 28 of the
constitution declares
that any state-funded educational institution
will not arrange religious education.
Legal
provisions for Prohibition of Child labour
Article 24 guarantees
No child below the age of 14 year shall he
employed to work in any factory or mine or engaged in any other hazardous
employment.
1. The Factories Act,1948:
The
Act prohibits the employment of a child who has not completed 14 years.
2. The Apprentices Act, 1951:
A person shall not be qualified for being engaged as an Apprentice....
unless he is not less than 14 years of age.
3.
The
Mines Act, 1952
The
Act prohibits the employment of a child below 18 years of age for work below
ground
4. The child Labour (Prohibition &
Regulation) Act, 1986:
The
Act prohibits the employment of a child who has not completed his 14th
year of age in any of the occupations set forth in part the schedule or in any
workshop wherein any of the process set forth in Part B of the Schedule are
carried on.
5.
The
Merchant shipping Act,1958:
The
Act prohibits Children less than 14 years of age to be engaged or carried to
sea work in any ship, subject to certain exceptions.
6.
The
Motor Transport workers Act,1961:
The
Act prohibits the employment of Children less than 16 years of age in any motor
transport undertaking.
7.
The
Beedi and cigar Workers (conditions of Employment) Act,1966:
The
Act prohibits the employment of Children less than 14 years of age in any
industrial premises manufacturing beedi or cigar.
8.
The
Tamil Nadu shops and establishment Act,1947:
The Act prohibits the employment of
Children who have not completed 14 years of age.
9.
The
Tamil Nadu Handloom Workers Act,1981:
The Act prohibits the employment of
Children who have not completed 16 years of age.
Equal
Rights to Admission in Educational Institutions
Article 29 –Protection
of interests of minorities.
It lays down,
1. Any section of the
citizens residing in the territory of India, or any part there of having
distinct language, script or culture of its own shall have the right or
conserve the same.
2. No citizen shall be
denied admission into any state or state-aided educational institution on the
basis of any or religion, race, cast. At present this is also applicable to
both self-finance educational institutions as well as public schools.
Special
provision for education of minorities
Article 30(1) states
that
the religious or linguistic minorities will
enjoy the right to establishment and administration of educational institutions
of their interest.
Article 30(2) states
that
the state will not discriminate against any
school in providing assistance to educational institutions only on the basis
that it is under the management of a religious or linguistic minority. It is due
to these constitutional directions that the minorities are free to run their
educational institutions in their own manner.
Provision
of compulsory and Free Education for Children Up to 14 Years of Age
Article 45 of the
constitution declares
that the state will endeavour to provide free
and compulsory education to all children up to the age of 14 years with in a
period of 10 years from the commencement of the constitution. Another major
step in this direction is that of 86th constitutional amendment act
according to which the education for children from 6 to 14 years of age has
been declared as a fundamental right of the citizens.
Child
care and provision of Education for Infants From birth to 6 Years of Age
By 93rd
constitutional amendment in 2001,
it
was added to article 45 that the state will look after and provide education to
all children until they attain the age of 6 years.
Special
provision for education of children of weaker classes – Scheduled castes and
Scheduled tribes
Articles 46 provides
that the state will promote with special care
the education and economic interests of the weaker sections of the people ,
especially the scheduled castes and scheduled tribes and shall protect them
from social injustice and all other exploitations. At present, all children of
weaker sections of society are given free books at secondary and higher level
education is also available to them.
SC,
ST Atrocities prevention Act 1989
“ to provide protection to the SC,ST people from
atrocities committed by other castes of the society.
Prevention Rule 1995
Provision
of higher education and research centres of national importance by Union
Government
Article 62,63,64,65,66
state
that
the union government has the responsibility of providing finance and administration of national libraries and museums , educational
institutes of national importance such as Aligarh and Delhi universities etc.
Scientific and technological institutes of national importance: professional,
vocational, technical and specific study institutes of national importance; and
higher educational institutes and research centres.
Special
Provision with Respect to Educational Grants for the Benefit of Angelo-Indian
Community
Article 337 assures
that
No educational institution shall be entitled
to receive any grant under this article unless at least 40 percent of the
annual admissions there in are made available to members of communities other
than the Anglo-Indian community.
Education
of languages of national importance
Article 344(1) of the
constitution has declared 22 languages of national importance and the state
will make suitable effort for their development.
The Persons with Disabilities Act
1. Article
21(A)
Every person including the disabled has
his life and liberty guaranteed under Article 21 of the Constitution. All
children of the age of six to fourteen years will be entitled to free and
compulsory education provided by the state.
2. Article (23)
There can be no traffic in human
beings (including the disabled) and beggar and other forms of forced labour is
prohibited and the same is made punishable in accordance with law
3. Article 24 prohibits employment of children (including
the disabled) below the age of 14 years to work in any factory or mine or to be
engaged in any other hazardous employment. Even a private contractor acting for
the Government cannot engage children below 14 years of age in such employment.
4. Article 25 guarantees to every citizen (including the
disabled) the right to freedom of religion. Every disabled person (like the non
disabled) has the freedom of conscience to practice and propagate his religion
subject to proper order, morality and health.
5. Every disabled person can move the Supreme Court of
India to enforce his fundamental rights and the rights to move the Supreme
Court is itself guaranteed by Article 32.
Conclusion
Without individual development, regional and national
development is unthinkable. Education plays a vital role to develop national
and international feeling in the individuals and national development. It is
important that India makes every effort in education of her each citizen.
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