Free and Compulsory education only from April/May '10

Bar&Bench News Network

Jan 07, 2010

The Government assured the Supreme Court that the 'Right to Free and Compulsory Education Act' aiming to provide free and compulsory education to children between the ages of 6 and 14, will be enforced by April or May this year, after the necessary Rules were enacted.

The Court raised a question regarding the Act while hearing a child labour related petition filed by activist-lawyer M.C. Mehta. Solicitor General Gopal Subramaniam assured the Division Bench comprising Chief Justice K.G. Balakrishnan and Justice B.S. Chauhan that the Act would be enforced as soon as the rules had been finalized.

The Act has been rendered toothless on account of the lax attitude of the Government. The Bill was passed by the Legislature in 2009, but is still awaiting notification by the Government. The Constitution was amended in 2002 to include free and compulsory education for children in the age group of 6 to 14 as a fundamental right.  

The Supreme Court appears to believe that the Act is the solution to child labour problems. During the course of the hearing, Justice Balakrishnan remarked, "If it is implemented with full vigour, children engaged in labour must be in school and not in work place. Child labour can be completely wiped out if the law is fully implemented."

 

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