Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-fbnjt Total loading time: 0 Render date: 2024-11-10T20:39:35.615Z Has data issue: false hasContentIssue false

6 - Legislating Human Rights

Experience of the Right to Education Act in India

from Part II - Adjudication and Rights in Context

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
Get access

Summary

The 86th Amendment to the Constitution of India recognized the right to education as a fundamental right. This chapter examines the follow-up legislation. Legislating a human right has been the subject of critical attention in human rights theory. This chapter studies the enforcement of the RTE Act in India in its first five years of operation (2010–2015). To this end, it surveys judicial enforcement of the RTE Act and allied education-related cases. At the same time, it analyses the role of executive authorities, schools and non-governmental organisations in the statutory enforcement of the RTE Act. It does this through semi-structured interviews with relevant stakeholders in the National Capital Territory of Delhi to assess the state of ground-level enforcement of the legislation. Its findings suggest that enforcement of the RTE Act has been primarily bureaucratic, thereby short-changing the "rights" issue into one of "compliance." While the courts have been attentive, they have been limited by a narrow framing of questions and enumeration of remedies. The RTE Act is not an exclusive method of realizing rights.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×