Human Rights and Public Goods: Education as a Fundamental Right in India

Abstract

Based on a case study of India the authors consider the evidence of the qualitative impact that human rights discourse, and the constitutional entrenchment of economic and social rights, can have on the attainment of social goods such as education. The paper reviews the history of the amendment to the Indian Constitution in 2002 which made elevated education to the status of a fundamental right. The paper asks whether the inclusion of a justiciable right to education for children 6 to 14 made a concrete difference. The evidence is mixed. Public debate and public interest litigation have compelled the government authorities to address some critical problems. More importantly rights discourse around education has become a focus for local political action and agitation among under-resourced and oppressed communities.