Her Right to Learn, Her Power to Rise: The Indispensable Right to Education for Girls in India

“ The hands that rock the cradle rules the world”

William Ross Wallace

Way back in the 1865, the above mentioned poet understood the impact of or rather power that lies within the woman. Her impact to not just mother a child but also shape future generations.In the vibrant tapestry of India, where progress intertwines with tradition, the right to education for every child stands as a cornerstone of a just and equitable society. However, for girls, this fundamental right carries an even greater weight, acting as a powerful catalyst for individual empowerment, societal transformation, and national development. While significant strides have been made, the journey towards ensuring universal and quality education for girls in India is an ongoing endeavor, deeply rooted in constitutional principles and shaped by landmark legal interpretations.

The Constitution of India, the supreme law of the land, lays a strong foundation for the right to education. While the Directive Principles of State Policy (Part IV) initially emphasized the State's commitment to providing free and compulsory education for all children up to the age of fourteen (Article 45), this vision gained the force of a fundamental right with the 86th Constitutional Amendment Act of 2002. This pivotal amendment inserted Article 21A, which declares that "the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." This landmark legislation unequivocally established education as a fundamental right for all children, implicitly including girls.

Furthermore, the principle of equality enshrined in Article 14 (equality before the law) and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth under Article 15(1) are crucial in safeguarding a girl's right to education. These articles ensure that girls are not denied access to educational opportunities based on their gender, challenging societal norms and discriminatory practices that historically relegated them to domestic roles.

Several landmark cases have further strengthened and interpreted the constitutional right to education, particularly concerning marginalized groups, including girls. The Unni Krishnan J.P. vs. State of Andhra Pradesh (1993) case was a significant precursor to Article 21A. The Supreme Court held that the right to education is implicit in the right to life under Article 21, recognizing its fundamental importance for human dignity and development. While this judgment primarily focused on children up to the age of 14, it laid the groundwork for the explicit recognition of education as a fundamental right.

Post the 86th Amendment, the M.C. Mehta vs. State of Tamil Nadu (1996) case, although concerning child labor, indirectly reinforced the importance of education by highlighting the detrimental impact of denying children, including girls, the opportunity to learn. The Court's emphasis on the State's duty to protect children and ensure their access to a healthy and developmental environment implicitly supported the right to education.

More directly relevant is the implementation of the Right to Education Act (RTE) of 2009, enacted under Article 21A. The RTE Act mandates free and compulsory education for all children aged 6 to 14 years. It places specific duties on the State, local authorities, schools, and parents to ensure that every child, irrespective of gender or socio-economic background, has access to quality education. The Act also addresses infrastructural requirements, teacher qualifications, and prohibits discrimination, all of which are crucial in creating an enabling environment for girls' education.

However, the journey is far from over. Despite constitutional guarantees and legal frameworks, numerous challenges persist in ensuring that every girl in India has access to and completes quality education. Socio-cultural barriers, economic constraints, lack of safe and accessible schools, early marriage, and gender-based violence continue to impede girls' educational progress.

Therefore, while the Constitution and subsequent legal pronouncements provide a robust framework for the right to education for girls in India, their true realization requires a concerted effort from all stakeholders. This includes effective implementation of the RTE Act, addressing socio-economic disparities, challenging patriarchal norms, ensuring safe and inclusive learning environments, and empowering communities to prioritize girls' education.

When a girl is educated, she is not just equipped with knowledge and skills she gains agency, confidence, and the power to make informed choices about her life. Her education has a ripple effect, leading to improved health outcomes for her and her family, reduced infant mortality rates, increased economic participation, and a more empowered and progressive society. The right to education for a girl in India is not merely a legal entitlement; it is an investment in a brighter future for the individual, the community, and the nation as a whole. It is a right that must be championed, protected, and relentlessly pursued until every girl in India has the opportunity to learn, to grow, and to rise to her full potential and we would end by quoting:

"You educate a man; you educate a man. You educate a woman; you educate a generation" Brigham Young.