A Study of the Role of Persuasive Legal Instruments for Protection of Right to Education of Children in India
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Type
Article
Date
2020-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Chakraborty, Gangotri
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Lepcha, P. (2020). A Study of the Role of Persuasive Legal Instruments for Protection of Right to Education of Children in India. Indian Journal of Law and Justice, 11(1, Part-III), 47–56. https://ir.nbu.ac.in/handle/123456789/4004
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Abstract
Education is one such element of life which is as much as important as food and shelter.
It is one of the most vital ingredients for understanding life in general and to do away
with all the evils of society. The betterment of the society depends on education as it
helps to realise other rights. And when it is guaranteed and is made available as a basic
right to an individual then only full realisation of it takes place. Education as a
Fundamental Right under Part III of the Constitution of India was not there since its
inception, it was provided under the Directive Principles of State Policy where it
remained non-justiciable until the year 1992. There are various factors which has
played important role in realising education as a fundamental right and making it
universal in our country. Therefore, 1992 was the watershed year when right to
education travelled from Directive Principle of State Policy to the realm of
Fundamental Right. The present study examines the factors that persuaded the Supreme
Court of India to dislodge right to education in DPSP and transplant it into
Fundamental Right.
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Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
11
Issue Number
1, Part-III
ISSN No
0976-3570
eISSN No
Pages
Pages
47 - 56