The Promise and Challenges of Free Education

Written by: Neha Handa, 4th Year, B.A.LL.B. (Hons.), Lovely Professional University

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Abstract

Education is very important for the growth of children and the progress of society. Free and compulsory education gives every child a fair chance to learn, grow, and build a better future. This paper discusses the evolution of education globally and in India, showing how it became recognized as a fundamental right. It focuses on the Right of Children to Free and Compulsory Education Act, 2009, which ensures that children aged six to fourteen can attend school for free. The Act also emphasizes inclusion, helping disadvantaged children, children from poor families, and children with disabilities. The paper highlights the benefits of free education, including equality, social empowerment, and economic growth, while also examining challenges such as lack of infrastructure, teacher shortages, and poor implementation.

INTRODUCTION

Every child carries with them a colossal amount of possibilities, and it is the responsibility of the society and its legal system to open doors to that vast universe to ensure that those possibilities become realities. These possibilities could not be realized on their own, so they required support and proper guidance. Education provides that support by helping children discover their abilities and by giving them equal chances to move forward in life. Education has forever been recognized as the foundation, the absolute base of human development and led to the progress of society. It does not merely render an individual knowledgeable, but provides them with the skills, values, and opportunities necessary to lead dignified lives and contribute meaningfully to society.

There is much potential in the concept of free education. By making sure that no child is denied of opportunities due to poverty, gender, caste, or social background, it will represent dedication to equality. States globally recognize that every child has the right to an equal start in life by ensuring that all children have access to education without facing financial obstacles. Furthermore, by empowering underprivileged section of the society, producing knowledgeable and responsible citizens, and playing a major role in lowering unemployment, poverty, and inequality, free education strengthens democracy. Education has been acknowledged as a fundamental human right worldwide by agreements such as the United Nations Convention on the Rights of the Child (1989), the International Covenant on Economic, Social, and Cultural Rights, 1966 and the Universal Declaration of Human Rights,1948.

This objective has been recognized in India when through the 86^th amendment, another provision was laid down in the Constitution of India, under its Part III: “The fundamental Rights”. The Article 21-A of the Constitution, was set to ensure that all children aged 6 to 14 have the right to free and compulsory education. The Right to Education Act of 2009 further implements this right. This was done to ensure that in order to create a world of great leaders, the start should be boosting enough for a nation to give it a push towards greater success.

 The Right to Education Act of 2009 further implements this right guaranteed by the Constitution to its citizens. However, free education has yet to live up to its full potential. Despite the fact that millions of children have been allowed a window to attend school for free education, issues with infrastructure adequacy, lack of teaching personnel, quality education, and enduring injustices that disadvantage vulnerable groups still exist. Educational changes are frequently limited in terms of effectiveness by a lack of funding, gaps in legislation, and governance issues. In reality, free education must include quality, diversity, and significant learning results; it cannot be limited to the removal of expenses.

EVOLUTION OF FREE EDUCATION

The idea that education should be free and accessible to all has not existed since the beginning of global civilization. In early societies, education was almost always reserved for the privileged class only. In ancient Greece, for instance, only boys from wealthy families received formal schooling, while others were trained in family businesses. In India, the traditional gurukul system provided general learning, but access was mostly limited to particular castes and communities. In China, Confucian philosophy focused on learning and moral training, but still, only elite classes could afford it. These examples show that even though education was valued at the time, it was not seen as an essential universal right.

The real shift came with the Enlightenment in Europe during the 17th and 18th centuries. Philosophers and thinkers like Rousseau and Locke argued on education being an essential for equality and for building responsible citizens. By the 19th century, with commencement of the Industrial Revolution, a need for literate workers was created, which led the governments to begin seeing public education as a national priority. Prussia which is now the modern-day Germany was among the first to establish compulsory state-funded schooling in the early 1800s. Other European countries and the United States followed the trend, creating a strong global wave that leaned towards the idea that education should not depend on wealth.

By the 20th century, the concept of free and compulsory education became an international standard. After the destruction caused by the World War II, the Universal Declaration of Human Rights (1948) explicitly stated in Article 26 that everyone has the right to free and compulsory elementary education. Later, the Convention on the Rights of the Child (1989) re-established the responsibility of governments to ensure children’s education take place without any sorts of discrimination. These global agreements marked education as a human right, rather than a privilege.

In India, the journey was equally significant. Before colonial rule, education was spread through temples, madrasas, and village schools, but access was uneven. The British introduced a more structured system through policies like Macaulay’s Minute of 1835 and the Wood’s Dispatch of 1854, which shaped modern schooling but focused on producing clerks for administration rather than universal education. After independence, the framers of the Constitution recognized the importance of education and placed it in the Directive Principles of State Policy under Article 45, which directed the state to provide free and compulsory education to children up to the age of 14.

Over the decades, several committees and commissions, such as the Kothari Commission (1964–66), highlighted the need for a common school system and equal access. The turning point came with the 86th Constitutional Amendment in 2002, which inserted Article 21-A, making free and compulsory education a fundamental right for children aged 6 to 14. This was finally operationalized through the Right to Education Act, 2009, which not only mandated free education but also emphasized quality standards, infrastructure, and the inclusion of disadvantaged children. This landmark law put into practice the Article 21A and became the foundation which ensured elementary education of children in India.

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009

The Right of Children to Free and Compulsory Education Act, 2009, or the RTE Act, is a landmark law in India. It provides every child between the ages of six to fourteen years, the right to enrol themselves to school for free elementary education. This law makes education a legal right, not just a promise.

The Act says that all children must get free education. According to section 3 of the Act, “every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education. And for this purpose, no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.” Private schools must also reserve 25% of seats for children from disadvantaged and weaker sections (Section 12(1)(c)). Parents or guardians must make sure to send their children to school. If a child does not attend school, it is the responsibility of the government and the community to help them join. This ensures that every child is enrolled and stays in school.

The Act emphasizes on quality education (Section 19 and 20). Schools must have proper classrooms, trained teachers, and a good curriculum. Teacher-student ratios must be maintained, and children must be assessed fairly. This ensures that children learn well and education is meaningful.

It further promotes equity and inclusion (Sections 2(k), 4, and 17). Schools cannot discriminate against children because of gender, caste, religion, or disability. Children with special needs should be included in regular schools. Schools must help children who are weak or need extra support so no child is left behind. Certain provisions also include monitoring and accountability (Sections 31–34). The government must make sure schools follow the law. Parents and local communities are encouraged to check whether schools are working properly. This helps ensure children really get the education they are entitled to.

JUDICIAL DECISIONS

Several Supreme Court judgments have reinforced the importance of education as a fundamental right in India. These cases helped shape the legal foundation for the Right of Children to Free and Compulsory Education Act, 2009.

In Mohini Jain v. State of Karnataka (1992 AIR 1858)

The Supreme Court held that the right to education is part of the fundamental right to life under Article 21. The Court explained that education is essential for leading a meaningful life. It stated that the state must provide opportunities for children to attend school. This judgment laid the groundwork for the 86th Constitutional Amendment, which made education a fundamental right under Article 21-A.

In Unnikrishnan v. State of Andhra Pradesh (1993 AIR 2178)

The Supreme Court emphasized that the state has a duty to provide free education to all children. The Court clarified that education is not just a policy goal but a legal right. It particularly highlighted the need to protect the rights of children from weaker and marginalized sections. This case strengthened the legal basis for the RTE Act, 2009, ensuring that every child has access to schooling.

BENEFITS OF FREE EDUCATION

The act provides a huge opportunity for the weaker sections of the society to make sure that they can educate their children without risking their livelihood by spending hefty amounts on their education.

Free education can change the lives of children and improve society. One big benefit is equal opportunity. When schools are free, children from poor families, rural areas, or disadvantaged communities can go to school just like everyone else. This helps reduce inequality and gives every child a fair chance to succeed.

Another benefit is social empowerment. Education gives children knowledge and skills to make good choices and take part in society. It helps them understand their rights and responsibilities, creating stronger and more informed citizens. Free education also helps economic growth. Children who get an education can find better jobs, earn more money, and improve their families’ lives. When more children stay in school, it can break the cycle of poverty over time.

The law also promises inclusion and fairness. Special provisions, like reserved seats for disadvantaged children, help children from weaker sections. Children with disabilities are also included in regular schools. These rules make sure no child is left behind. Quality education is another promise. Laws like the RTE Act require trained teachers, enough classrooms, and a good curriculum. This ensures children not only attend school but also learn properly.

Finally, free education has long-term benefits for society. Educated children are more likely to respect human rights, promote equality, and help their communities. This makes society fairer and stronger.

CRITICAL ANALYSIS OF THE RTE ACT, 2009

Where exists certain advantages, there are also a handful of challenges lurking. The RTE Act, 2009, is a landmark law that is making sure the youth of India is educated and is able to stand at par to the world, but when it comes to enforcement, there are several cons that limit its effectiveness.

One major challenge is quality of education. Many government schools still face shortages of trained teachers, classrooms, and basic facilities like toilets, clean drinking water, and libraries. Even when children attend school, learning outcomes are often poor, and students may not gain basic reading, writing, or numeracy skills. This shows that simply being in school does not guarantee meaningful education.

Another problem is inequity in implementation. Children from disadvantaged communities, minority groups, or with disabilities sometimes face discrimination or exclusion. Although the Act reserves seats in private schools, not all schools follow this rule properly. In some cases, poor children are enrolled but not provided adequate support to keep up with their peers, leading to dropouts.

Infrastructure and funding gaps also pose challenges. The government often struggles to provide enough schools, classrooms, and teaching materials, especially in rural areas. Some schools have very high student-teacher ratios, which makes effective teaching difficult. Limited budgets and delayed fund allocation further affect the quality of education.

Monitoring and accountability issues are another concern. While the Act provides for government oversight, enforcement is weak in many regions. Schools may not fully comply with provisions, and complaints by parents or communities are not always addressed promptly.

Finally, focus on mere enrolment sometimes overshadows actual learning. Many children are admitted to schools to meet legal requirements, but the curriculum, teaching methods, and evaluation systems do not always ensure that children learn effectively.

CONCLUSION

Free education is a powerful tool that can change the lives of children and the future of society. The Right of Children to Free and Compulsory Education Act, 2009, gives every child the legal right to go to school and learn without paying fees. It also focuses on inclusion, equity, and quality, ensuring that children from poor families, marginalized communities, and children with disabilities are not left behind.

While the law has helped increase enrolment and provide opportunities, challenges like poor infrastructure, shortage of trained teachers, and gaps in implementation remain. Ensuring that every child not only goes to school but also learns effectively requires more effort from the government, communities, and schools.

Despite these challenges, free education holds great promise. It empowers children, reduces inequality, and contributes to the economic and social development of the nation. If implemented fully and properly, it can help every child reach their potential and create a better, fairer, and more educated society

REFERENCES

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· Pandey, A., & Shrivastava, R. (2014). RIGHT TO EDUCATION (RTE) Act 2009. Innovare Journal of Education, 2(1), 8–9. http://innovareacademics.in/journals/index.php/ijoe/article/download/1017/680

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· 1993 AIR 2178

· 1992 AIR 1858

· Sarin, N. (2021). Article 21a: Success and limitations of right to education. International Journal of Applied Research, 7(11), 25–26. https://www.allresearchjournal.com/archives/2021/vol7issue11/PartA/7-10-81-772.pdf