INTRODUCTION
Education is widely recognised as a fundamental tool for human rights and a crucial instrument for achieving social justice and economic development. It aids the social, emotional, and psychological growth of individuals and, hence, the community as a whole.[1] In India, the Right to Education (RTE) received constitutional recognition through the insertion of Article 21A by the Constitution (Eighty-Sixth Amendment) Act, 2002, which “guarantees free and compulsory education to all children between six and fourteen years of age”[2], as held by the judgment.
The enactment of the RTE Act was a significant step towards ensuring universal access to elementary education. The legislation sought to eliminate barriers to education and schooling by providing free education, prohibiting discrimination, and mandating the reservation of 25 per cent seats in private unaided schools for children who come from economically weaker sections of the society and disadvantaged groups.[3]
Despite these progressive provisions, concerns continue to exist regarding the impact of the legislation on children residing in urban slum areas. Up to one billion people are estimated to live in slums, and amongst them, hundreds of millions are children[4]. While the enrolment rates have increased substantially throughout the years, issues relating to school attendance, quality of education infrastructure, and dropout rates remain persistent[5]. This raises an important and quite unanswered question: To What Extent Has the Right to education benefited slum children in India?
HISTORICAL BACKGROUND
The concept of universal education has long been recognised within the Indian Constitutional framework. A major shift occurred with the Supreme Court’s judgement in Mohini Jain v State of Karnataka (1992), where the Court held that the right to education was itself an essential part of the right to life, guaranteed under Article 21 of the Constitution.[6] This very principle was further clarified in Unni Krishnan v State of Andhra Pradesh (1993), where the Court recognised the State’s obligation to provide free and compulsory education to all children up to the age of fourteen years.[7]
These judicial interpretations and developments, hence, paved the way for the Constitution (Eighty- Sixth Amendment) Act, 2002, which inserted Article 21A into the Constitution. Article 21A states that the State shall provide free and compulsory education to all children between six and fourteen years of age in such a manner as may be determined by law. Hence, to give practical effect to this constitutional guarantee, Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, which came into force on 1 April 2010.[8]
THE LEGAL FRAMEWORK OF THE RIGHT TO EDUCATION
The RTE Act strives to ensure universal elementary education by creating legal obligations upon the State, local authorities, schools, and educational institutions.[9]
Some of the features of this Act include:
- Absolute free and compulsory education for all children aged between six and fourteen years of age.
- Ban on screening procedures during school admissions.
- Prohibition of capitation fees.
- Prescribed standards for maintenance of school infrastructure and teacher qualifications.
- Maintenance of appropriate student-teacher ratios.
- Reservation of 25 per cent seats in private unaided schools for children belonging to weaker sections and disadvantaged groups under Section 12(1)(c).
HOW DOES THE RTE ACT BENEFIT SLUM CHILDREN?
- Increased School Enrolment: One of the most important achievements of the RTE Act is the increased enrolment rate among children coming from economically disadvantaged and downtrodden communities. Thus, by eradicating tuition fees and making elementary education compulsory, the legislation encourages families to send their children to school.[10]
- 25% Reservation Policy in Private Unaided Schools: Section 12(1)(c) of the RTE Act requires private unaided schools to reserve 25 per cent of entry- level seats for the children from weaker sections of the society.[11] This provision, in its very form, has allowed many slum children to gain access to better educational facilities, qualified teachers, and improved access to learning environments. It has also promoted social inclusion by enabling children from different socio- economic backgrounds to study together.[12]
- Reduction of Financial Barriers: Poverty remains one of the primary reasons why children in slums are unable to complete their education. The RTE Act addresses this challenge by ensuring free education and prohibiting schools from imposing financial burdens that could prevent attendance.[13] Certain government initiatives, such as free textbooks, uniforms, scholarships, and midday meal schemes, have further reduced the educational expenses for families living in slum communities.[14]
- Protection Against Discrimination: The Act also seeks to ensure that no children are subjected to discrimination based on caste, creed, religion, gender, or economic status.[15] Thus, by creating a more inclusive educational environment, the legislation has helped to promote equality and dignity among students from disadvantaged backgrounds.[16]
LEGAL CHALLENGES AND IMPLEMENTATION ISSUES
Despite the positive impact of the RTE Act, there are several challenges that continue to limit its effectiveness for slum children.
- Poor Learning Outcomes: While the enrolment has improved substantially over the years, education quality still remains a serious concern. Many students complete several years of schooling without acquiring basic reading, writing, or mathematical skills.[17] The focus on enrolment has often overshadowed the equally important goal of ensuring meaningful learning outcomes.
- Inadequate Infrastructure: Many government schools serving the slum communities continue to face a shortage of classrooms, basic access to resources, sanitation facilities, drinking water, libraries, and learning materials.[18] Poor infrastructure affects student attendance, concentration, and overall educational experience. In some areas, overcrowded classrooms further reduce the quality of instruction.
- High Dropout Rates: High dropout rates remain one of the primary concerns. Economic hardship remains a major obstacle to educational continuity. Many children who live in slums are often compelled to contribute to household income through work or domestic responsibilities.[19] Often, they become the sole breadwinner of the family after the death of one of their parents. As a result, several students discontinue their education despite being initially enrolled under the RTE framework.[20]
- The Digital Divide: Ever since the COVID-19 pandemic, inequality has persisted within India’s educational system. During the periods of online learning, many children residing in slum areas lacked access to smartphones, computers, internet connectivity, and digital literacy.[21] Consequently, a large number of children suffered significant learning losses and educational disruption.[22]
JUDICIAL RESPONSE
The Indian judiciary has consistently played a very important role in strengthening educational rights. In Mohini Jain v State of Karnataka (1992), the Supreme Court recognised education as an essential component of the right to life under Article 21 of the Constitution.[23] This judgement, therefore, laid the foundation for recognising education as a fundamental right. The Court further developed this principle in Unni Krishnan v State of Andhra Pradesh (1993), where it emphasised the State’s responsibility to provide free education to children.[24]
The constitutional validity of the RTE Act was challenged in the Society for Unaided Private Schools of Rajasthan v Union of India (2012), where the Supreme Court upheld the Act and affirmed that the 25 per cent reservation policy was consistent with constitutional principles of equality and social justice.[25]
Through these decisions, the judiciary has reinforced the idea that access to education is not merely a policy objective but a constitutional entitlement that must be protected and promoted.
CONCLUSION
The Right to Education, 2009, represents one of the most significant social welfare legislations enacted in independent India.[26] Thus, by guaranteeing free and compulsory elementary education, the Act has substantially increased opportunities for children residing in urban slums. The 25 per cent reservation policy in private schools has further accelerated inclusion and provided access to educational institutions that were previously inaccessible to many disadvantaged children.[27]
However, the very success of the RTE Act cannot be measured solely by the enrolment statistics. Persistent challenges regarding poor learning outcomes, inadequate infrastructure, implementation gaps, high dropout rates, and digital inequality continue to hinder the realisation of its objectives.[28] For many slum children, access to school has improved, but access to basic education remains an ongoing challenge.
Children are like seeds. If we water them daily, after a few years, they will grow up loaded with flowers, fruits and shade. In the same way, children who are nurtured with care, love and education show that one day they make their nations proud by contributing with their talents and capabilities. Thus, the future effectiveness of the Right to Education framework depends largely upon stronger implementation mechanisms, increased investment in public education, improved school infrastructure, teacher training, and greater accountability at all levels.[29] Only through sustained efforts can India fulfil the constitutional premise embodied in Article 21A and ensure that every child, regardless of socio- economic background, receives not only mere schooling, but also meaningful and quality education.
Author(s) Name: Debangan Malo (The West Bengal National University of Juridical Sciences (NUJS), Kolkata)
References:
[1] Education for All Global Monitoring Report 2015: Education for All 2000–2015—Achievements and Challenges (UNESCO 2015) 24–30
[2] Constitution of India 1950, art 21A; Constitution (Eighty-Sixth Amendment) Act 2002
[3] Right of Children to Free and Compulsory Education Act 2009, ss 3 and 12(1)(c)
[4] United Nations Human Settlements Programme (UN-Habitat), The Challenge of Slums: Global Report on Human Settlements 2003 (Earthscan Publications 2003) xxv–xxvi
[5] Unified District Information System for Education Plus (UDISE+) Report 2023–24 (Government of India 2024) 15–22
[6] Miss Mohini Jain v State of Karnataka and Ors AIR 1992 SC 1858
[7] Unni Krishnan, J P and Ors v State of Andhra Pradesh and Ors (1993) 1 SCC 645
[8] Right of Children to Free and Compulsory Education Act 2009
[9] Ibid
[10] Unified District Information System for Education Plus (UDISE+) Report 2023–24 (n 5)
[11] Right of Children to Free and Compulsory Education Act 2009, s 12(1)(c)
[12] Social Inclusion under the Right to Education Act: Status Report (Government of India 2021) 18–25
[13] Right of Children to Free and Compulsory Education Act 2009, ss 3 and 8
[14] PM POSHAN (Mid-Day Meal Scheme) Guidelines 2022 (Ministry of Education, Government of India 2022)
[15] Right of Children to Free and Compulsory Education Act 2009, ss 8(c), 9(c) and 17
[16] The State of the World’s Children 2023 (UNICEF 2023) 44–47
[17] ASER 2024 National Report (ASER Centre 2025) 34–40
[18] Unified District Information System for Education Plus (UDISE+) Report 2023–24 (n 5)
[19] Child Labour: Global Estimates 2024 (International Labour Organization 2024) 18–23
[20] Education for All: Review of School Retention and Dropout Trends (Government of India 2023) 27–33
[21] Remote Learning Reachability Report 2021 (UNICEF 2021) 12–18
[22] Global Education Monitoring Report 2023 (United Nations Educational, Scientific and Cultural Organization 2023) 75–82
[23] Miss Mohini Jain v State of Karnataka and Ors AIR 1992 SC 1858
[24] Unni Krishnan, J P and Ors v State of Andhra Pradesh and Ors (1993) 1 SCC 645
[25] Society for Unaided Private Schools of Rajasthan v Union of India and Anr (2012) 6 SCC 1
[26] Right of Children to Free and Compulsory Education Act 2009
[27] Ibid s 12(1)(c)
[28] ASER 2024 National Report (ASER Centre 2025) (n 17) 34–45; Unified District Information System for Education Plus (UDISE+) Report 2023–24 (n 5)
[29] Constitution of India 1950, art 21A; Right of Children to Free and Compulsory Education Act 2009