Article 21 -A includes the right to online education-
ADV. KHUSHI SHAIKH
Article-21A is included in the Indian Constitution by (86th Constitution Amendment 2002). Through this amendment, a provision has been made to provide free and compulsory education to all children of 6 to 14 years in a government school near them. Free education here means that no money is taken from the parents of the children for school fees, child uniforms and books. Secondly, private schools will enroll 25 percent of the children under this Act at no charge. Private schools include economically weaker sections, scheduled castes, scheduled castes
For free education, passed from the cabinet on 2 July 2009, passed from Rajya Sabha on 20 July 2009 and from Lok Sabha on 4 August 2009.
The Right to Education Act was implemented in the whole of India except Jammu and Kashmir on 8 April 2010.
Under the Right to Education Act 2002, free education will be provided to all children between the ages of 6-14.
In private schools, 25% of poor and backward class children between 6 and 14 years of age will be covered under free education.
If a private school ignores the terms of the Act, fines exceeding 10 times the fees and the recognition of the school can also be canceled, which can be increased by several times the penalty for operating the school if the school is canceled.
It will be the responsibility of the Center and the state to provide free education to children.
Children who have not been admitted by this act, they can get admission according to their age group.
Until the primary education of the child is completed, no child will be stopped, taken out, nor further into the board examination.
Those who come from the economically weaker section can apply for a 25 percent reserved seat in a private school.
A family with an annual income of 3.5 lakh or less can apply for seats under the RTE Act.
First Case Recently, Karnataka State Government banned online education. When this matter went to Karnataka High Court, the order of the State Government is prima facie violation of fundamental rights of life and education given under Articles 21 and 21A of the Constitution.
A division bench of Chief Justice Abhay Srinathdas Oka and Justice Nataraj Rangaswamy said that we believe that both the State Orders dated June 15, 2020 and June 27, 2020, violate the fundamental rights conferred under Articles 21 and 21A of the Constitution. “
Second case came in Andhra Pradesh High Court recently, the state government made primary education compulsory in English medium, which was till now in Telugu language. Andhra Pradesh High Court also rejected this government order.
Article 19 (1) (a) The High Court held that the option of choosing the medium of education at the primary level is a fundamental right. The bench said “the medium of education in which the citizen can be educated is an integral part of the right to freedom of expression and speech.”
Clauses (2), 19 (2) and 19 (1) of Article 19 (1) (g) transgress.