A Study of the Role of Persuasive Legal Instruments for Protection of Right to Education of Children in India

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.