The Supreme Court of India took a significant step on Tuesday to enforce the Right to Education Act. It initiated a process to ensure all schools provide 25% free seats for children from poor and disadvantaged backgrounds. This move aims to achieve the constitutional goal of fraternity by bringing diverse students together in classrooms.
Fraternity Through Shared Education
A bench of Justices P S Narasimha and A S Chandurkar highlighted the importance of fraternity in education. They stated that fraternity can only be realized when children from all walks of life study together. For instance, a rickshaw puller's child should sit next to the child of a multi-millionaire or a Supreme Court judge.
Justice Narasimha, in the judgment, explained how the RTE Act makes this possible. The Act envisages elementary education for all children in a shared space. It does not differentiate based on caste, class, gender, or economic status. This approach helps build solidaristic bonds among students.
Dispelling Myths About Fraternity
The court addressed common skepticism about fraternity. Many people view fraternity as non-enforceable, unlike equality and liberty. However, the Supreme Court clarified that fraternity operates through institutional arrangements. These arrangements allow individuals to move beyond identities based on caste or class.
The 25% inclusion in unaided neighbourhood schools is not just a welfare measure. It serves as a vehicle to realize constitutional commitments. These include the development of the child as recognized in Article 21A and Article 39(f).
Historical and Government Support
The court cited the Kothari Commission report, which emphasized a Common School System. This system ensures equal education for children from every section of society without discrimination.
It also referenced the HRD ministry's statement. The ministry noted that concerns about disadvantaged children coping in rich environments can be resolved. Teachers can use these children as sources of knowledge, boosting their esteem and recognition.
Implementation Directions
The bench stressed the need for subordinate legislation to implement this mandate. It directed appropriate authorities to prepare and issue necessary rules and regulations. This should be done in consultation with the National Commission for Protection of Child Rights and other relevant bodies.
The court set a deadline for compliance. It ordered the NCPCR to collate information about rules issued by states and union territories. An affidavit must be filed before the court by March 31. The matter is listed for further hearing on April 6.
This directive aims to ensure that the RTE Act's provisions are effectively enforced. It seeks to create an inclusive education system that fosters fraternity and equality across India.
