EVOLUTION OF EDUCATIONAL RIGHTS THROUGHOUT THE BRITISH PERIOD AND CONSTITUTIONAL PROVISIONS IN INDIA
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 27 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Debjani Ojha EVOLUTION OF EDUCATIONAL RIGHTS THROUGHOUT THE BRITISH PERIOD AND CONSTITUTIONAL PROVISIONS IN INDIA Abstract This study delves into the evolution of educational rights in India from the British colonial period to the present constitutional framework. During the British era, education policies, such as the Macaulay Minute and Wood’s Despatch, were designed to serve colonial interests, primarily focusing on creating a class of anglicized Indians. These policies, however, inadvertently laid the groundwork for a nationalistic movement that used education as a tool for resistance and self-determination. Prominent leaders like Mahatma Gandhi and Rabindranath Tagore advocated for indigenous education systems that reflected Indian culture and values. Post-independence, the Indian Constitution enshrined the right to education as a fundamental right under Article 21A, emphasizing inclusivity and accessibility. Subsequent legal frameworks, notably the Right of Children to Free and Compulsory Education Act of 2009, further solidified the state’s commitment to universal education. Recent legislative amendments and the National Education Policy of 2020 reflect an evolving approach to education that aims to address contemporary challenges while fostering innovation and critical thinking. The establishment of regulatory bodies like the NHERA signifies a shift towards greater accountability and quality assurance in higher education. This paper provides a comprehensive analysis of these historical and constitutional developments, highlighting the continuous journey towards educational equity in India. This abstract captures the essence of the document by outlining its main themes and summarizing the evolution of educational rights in India through various historical phases and legislative reforms. Keywords Colonial Education Policies, Right to Education Act, National Education Policy 2020, Constitutional Provisions, Educational Reforms in India. Introduction The evolution of the educational rights in India has its complex roots buried in the country’s colonial past and its journey towards the independence. In the British colonial period, Education played a momentous role in terms of controlling and empowerment. It is very much true that the current landscape of the educational systems in India was initially implemented by the British policies but it is also true that these policies are also laid the seed of educational inequalities which stayed even after the independence. The uplift from then imposed British educational policies to the constitutional provisions for education in India after independence shows a great struggle for social justice and equity in education. In the early colonial period, education given by British was a requirement for them to create a section of people who will be capable of assisting them administering the colony. Macaulay’s minute of 1835 advocated for the English education which later structured through this approach, and the succeeding commissions like the Hunter Commission of 1882 and the Hartog Committee of 1929. The then British thought that the native education system is nothing compared to them. Hence these policies highlighted their intension of giving some type of education. The nationalist movement in India identified that the education can only give rise necessary awareness within the people of India which was required at that time and also it can spark the social awareness. At that time the leaders of India also recognized the power of education in challenging the colonial rule and encouraging a comprehensive and unbiased society. The great Raja Ram Mohan Roy and Jyotirao Phule advocate greatly for the requirement of educational reforms in India which contributes in shaping the discourse of education in India in that period. After the independence in 1947 it was became necessary to establish a framework for education that was entrenched in the values of justice, equality, and democracy. The debates in the Constituent Assembly highlighted the importance of making education accessible to all citizens, which eventually lead to the addition of education as a fundamental right under Article 21A of the Constitution. The consequent enactment of the Right to Education Act, 2009, marked a significant step towards comprehending the goal of widespread education in India. In recent times, digital education has added new dimensions to the conversation about educational rights. While digital platforms offer the potential to make education more accessible and close existing gaps, they also bring up significant concerns about fairness and inclusivity. It’s important to carefully consider how digital education fits within the constitutional framework, especially regarding the right to education, to ensure that everyone in society can benefit from these advancements. This means addressing challenges such as unequal access to technology, varying levels of digital literacy, and ensuring that digital education does not widen the existing inequalities in education. Education During the British Colonial Period Early Colonial Educational Policies After coming to India, the British East India Company slowly overtook large parts of India starting from the 18th century. Initially they did not have any interest on the educational segment for the Indian population, rather they were focused on the commercial and military advancement and strengthening. But gradually they understood that to run the administration in this big country they need a class of people who can help them in running the show. This need gradually forced them to create a small population of educated elite people and the formulation of the educational policies gradually came in for English education for Indian people. Christian missionaries were one of the earliest inspirations of British educational policies in India. These missionaries viewed education as a way to spread Christianity and Western beliefs among the Indian population. William Carey, Joshua Marshman, and William Ward, established The Serampore Mission in 1800 in the same purpose. The mission established schools that taught both secular subjects and Christian doctrines, aiming to create a generation of converts who were educated in Western ways of thinking. The missionary did not only act as spreading of western religion but also introduced English language and western science in India. This was a very important decision that English language to be used as a medium of instruction because this was the groundwork