Abstract:
Education in traditional Bharat was a privilege; privilege of Certain
Vamas and linga. Thus, institutionalised education in India, in its origin,
was discriminatory in nature and function. This discrimination in spite of
opposition from various sections at different historical junctures
continued unabatedly. Buddha opposed discrimination in educational
admissions and in principle proposed education for all in antiquity. In
modem India, reformers, from time to time, fought against this
institutionalized discrimination and demanded education for all. Efforts
of Mahatma Phule and Gopala Krishna Gokhle during British rule
brought the demand for education as a national demand.
1.2.0 Landmarks in the history of compulsory free education in India
In 1882 Mahatma Jyotirav Phule demanded free education for
historically denied people of sudras and women in his memorandum to
Hunter Commission; Mahatma He had started first school for women in
Pune .He taught his wife and gave education to women. He has given a
statement about education that is:
1911 Gopala Krishna Gokhale's education for all bill in Imperial
Legislative Assembly that was defeated; Again in 1912, Gopal Krishna
Gokhale introduced Elementary Education Bill which was to permit local
body an option to introduce compulsory education in selected areas on
certain conditions but bill was not carried through in the legislature
Council Gokhale's concluding remarks carried the prophecy "The bill
thrown out today will come back again the Gov. of India (GOI) in 1921
enacted law far introducing compulsory primary education in the
meantime, Vithal Bhai Patel had successfully piloted compulsory primary
education bill in the Bombay legislature assembly in 1918.
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• 1937 Gandhi's Basic education policy.
• 1944 Sargent Plan, or Post World War II plan Educational
Development in India to achieve Universal Elementary Education
in 40 years by 1984;
• 1947 Kher Committee was set up to explore ways and means to
achieving VEE within ten years at lesser cost;
• 1947 Sub-committee on Fundamental Rights of Constituent
Assembly places Free and Compulsory education on the list of
Fundamental Rights in Clause 23.
It reads, "Every citizen is entitled as of right to free primary education
and it shall be the duty of the State to provide within a period of ten years .
from the commencement of this Constitution for free and compulsory
education for all children until they complete the age of fourteen ears".
However, Advisory Committee of the Constituent Assembly
rejects Free and Compulsory Education as a fundamental right. Later the
committee sent the clause to 'non-justiciable right' (This now known as
Directive Principles of State Policy- part IV of the Constitution) Thus,
Constitutional framers in the light and spirit of international covenants
and independence struggle guaranteed fundamental rights to all citizens
of India. But, the Article 45 of the Constitution which guarantees
education for all the children below the age of 14 years is under Directive
Principles of State Policy that is not an enforceable right. 1950 Article
45 of Directive Principles of Policy of Constitution of India provides that,
.
"The State shall endeavor to provide, within a period of ten years from
the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years '.