Deconstructing the Right to Education Act, 2009 and Child Labor in India

Abstract

Today, with thriving population in India; there are millions of children living on the streets, unattended, uncared for, and with practically no future at all. Under the prevailing political, social, and economic situation in India; there’s little doubt that the percentage of children living on the streets and working as bonded laborers would manifold increase with time. The reason for pessimism is not statistics, but the overwhelming truth that half of India’s children are illiterate and do not have access to basic primary education, and despite policies promoting education, the benefits do not actually reach the deprived. To counter such pessimism and alter the future of India’s children, the government of India introduced the Right of Children to Free and Compulsory Education Act, 2009, popularly known as the Right to Education (RTE) Act, from April 1, 2010; and took a grand step towards empowering all children of the age of six to fourteen years, by providing them free and compulsory education. Although the intent has been correct, the legislation itself has left gaping questions for the judiciary to be answered, while interpreting the different provisions of the RTE Act.