Indian Political Science Association

THE RIGHT TO EDUCATION

Author(s): Syed Ali Akbar
Source: The Indian Journal of Political Science, Vol. 13, No. 3/4 (July-September &
October-December,1952), pp. 89-94
Published by: Indian Political Science Association
Stable URL: http://www.jstor.org/stable/42743404
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THE RIGHT TO EDUCATION

By PrincipalSyed Ali Akbar, M. A. ( Cantab) Hyderabad
Educationand Citizenship
The State gives rightsto the individualnot only for his own but
for social good. They are based on the principlethatthe welfareof
the community is also the welfare of its individual members.
Education is necessary to make the individual conscious of this
interdependence. Without education he will think of his relation
to the State only in termsof self-interestand will not be able to
appreciate that his interests are bound up with those of the
community;in other words, he will not be able to understand his
rightsand duties as a citizen.
The purpose of the State is the realization of social good For
the achievementof this purpose thereare two means available to the
State'forceand persuasion. In general,the resultsof persuastion are
mre lastingand satisfying. There are, besides, certainspheres, for
example, the sphere of morality, in which State action cannot be
successful without the use of persuasion. One of the merits of
democracy is that it relies more on persuasion than on coercion.
But in order that the individualmay be rightlypersuaded in public
affairs,it is necessarythat he should be givensuch education as will
enable him to understand what is good for the country and will
create in him a feelingof responsibilityto the community.
It is true that the right to vote gives the individual a certain
amount of political education, but the vote can have little educative
value unless he can at least read and write. The main object of
adult franchise is to secure for the legislature persons representing
differentsections of the population and likely, by virtueof their
ability,characterand public spirit,to serve the best interestsof the
community. Realization of this object depends on the ability of the
votersto exercisetheirfranchisewith intelligenceand a public sense
of responsibility. If they are ignorant theywill not know how to

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90

THE RIGHT TO EDUCATION

pass judgementon the rivalcandidates for election and will merely

cast theirvote at the dictation of other individuals or organizations,
as the majority of the Indian voters did in the General Election at
the beginning of this year. There are even instances of illiterate
candidates havingbeen elected to a legislativeassembly. This shows
how dangerous illiteracy is in a democratic country* Education of
the masses is necessary not only for the right use of the franchise
by the voters but also for the creation of that instructed and
vigilant public opinion without which democracy cannot work
"
successfully, <The defects of democracy says Laski "are most
largely due to the ignorance of democracy; and to strike at that
ignoranceis to attack the foundationupon which those defects are
There cannot be a responsible state untilthere is an
built
educated electorate".
Meaningof the Rightto Education
The State must place facilitiesfor education within the reach of
all classes. Every individual has a right to education. The right to
education does not, however,mean the rightto the same kind or the
same degreeof education for all individuals. There should of course
be a minimumbasis of education for all children, whether we call
it elementary,fundamentalor basic education,but education beyond
this,stageshould depend on the capacity and aptituteof each child.
The meaningof the rightto education may best be explained in terms
of Article26 of the Universal Declaration of Human Rights, which
reads as follows:
1. "Everyone has the right to education. Education shall be
free,at least in the elementaryand fundamentalstages. Elementary
education shall be compulsory. Technical and professionaleducation
shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
2. "Education shall be directedto the fulldevelopment of the
human personality and to the strengtheningof respect for human
rights and fundamentalfreedoms. It shall promote understanding,
toleranceand friendshipamong all nations, racial or religiousgroups,
and shall further the activits of the United Nation
for the
maintenanceof peace.

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SYED AU AKBAR

3. "Parents have a prior rightto choose the kind of education

thatshall be given to their children." There are three important
aims of education, viz., to givethe child the necessary knowledge and
skill so as to enable him to earn a livelihood, to develop his personality and character and to train him for citizenship. These aims,
together with the need for the promotion of internationalunderstanding,should be kept in view at all stages of education.
The Rightto Educationand theConstitution
Most modern Stateshave made provisionforfreeand compulsory
elementary education. Some of them have included the right to
education in the list of Fundamental Rights. For example, the Irish
Constitutionof 1937 makes provision forfree primaryeducation in
the bill of rights. The Russian Constitutionof 1936 also guarantees
education as a rightof the people. The Constitutionof the Fourth
French Republic, in the Declaration of the Principles, which is
presumed to be in effecta partof the constitution,expresslyrecognizes
equal access of both children and adults to education, professional
training and culture and requires the State to provide free secular
public instructionon all levels. In India, owing to the impossibility
of immediate introduction of free and compulsory elementary
education, provision for such education was made in the Directive
Principles of the constitution, instead of including it in the
FundamentalRights. Article 45 of the Constitution of India states
that "the State shall endeavour to provide, within a period of ten
years from the commencementof the Constitution, for free and
compulsoryeducation for all children untilthey complete the age of
14 years." However*the Constitutionguaranteesthatno citizenshall
be denied admission into any educational institution maintained by
the State or receivingaid out of State funds on gounds only of
religion,race, caste, caste or language. It also recognizesthe rightof
all minoritiesto establishand administer educational institutionsof
their choice. (Article29).
Equalityof EducationalOpportunities
The right to education involves equality of educational
opportunities. Every individual has the right to receive such
trainingas will develop his facultiesto the full. A minimumopportu-

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92

THE RIGHT TO EDUCATION

nityfor education should be given to all, and in cases wheretalentis

discovered,furthereducation should be provided to fitthe particular
talentdiscovered.
Minimum trainingfor all childrenis secured by the introduction
of universal,compulsory and free education, which implies that if
thereshould be no free elementary school within easy reach of a
child, his parentshave the rightto demand thatsuch a school should
be established.* The lengthof this minimumtrainingis usually from
8 to 9 years. Even in countriesthatare educationallyadvanced most
childrenleave school after completingthe elementarycourse. It is
the function of the elementary school to equip such children for
life. The scheme of Basic education in India, withits emphasis on
craft work, has therefore much to commend it. But it must be
ememberedthatthe elementaryschool, at any rate duringthe first
five school years, has another important function to perform,and
that is to lay a sound foundation of generaleducation for those
children who are to proceed beyond the elementary stage. All
childrenwho have been found to be fitfor furthereducation should
be given facilitiesto receive it. But in the post-primarystagethere
should be varied courses of study to suit children with a
practical and those with an academic bent of mind. Adequate
provision should be made for technicaland vocational education in
consonance withthe educational needs of tradesand industriesin the
country.
Every one should be given the best education to which his
talents entitlehim. Admission to secondaryschools should therefore
be determined by the capacity of a pupil and not, as is oftenthe
case now, by the abilityof the parentsto pay the fees. Intelligence
is not a monopoly of the wejl'to'do classes. The system of education
should be so democratisedthatthe accident of birth does not debar
any student from receiving the kind of education which he is best
fittedfor, There should be not only freeplaces but a liberal system
of scholarships to enable poor students of more than averageability
to pursue secondary education.
It is sometimes said that thereis no place for a Public School
in a demooratic country. I do not agree with this view. Training

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SYED ALI AKBAR

9$

in leadership,which is the distinguishingmark of a Public School, is

even more necessaryin democracythan under otherforms of gbvernment. But in a democracy this training should be widelydiffused,
instead of being confined to a particular class. Therefore,talented
childrenof poor parentsshould be given monetary assistance by the
State to join a Public School.
Universityeducationshould be even more selective than second
daryeducation and should be based entirely on merit. Every effort
should be made to make sure that those who seek admission to
Universitycourses are likelyto derive full benefit from them. But
while admissionshould be refused to those unfittedfor University
education, every possible encouragementin the shape of freeships,
bursaries and scholarships should be given to poor students of
special abilityto enable themto receive such education. To secure
equality of educational opportunities and to prevent wastage of
talent,it is also necessary that facilities for University education
should be provided, by means of Evening Colleges, for those young
persons who, inspite of their fitness for such education, have had
to discontinue theirstudies prematurelyand to take up emplyment
owing to theiradverse economic circumstances.
Conclusion
In India the principle that higher education should be made
available to all on the basis of merit is generally neglected,with the
resultthat the standardof scholarshipin our universitiesis not what
it should be. Nor does academic education in the High School stage
take account of merit. To make it more selectiveit is necessaryto open
more technical and vocational schools and, after discovering the
capacity of each child, to divert to such schools pupils with a
practicalratherthan and academic bent of mind,
The most urgentneed of the country in the matter of public
instruction is, however, the education of the masses. At present
only about 10 per cent, of the population is literate, It is the duty
of the State to remove the hindrances to social good and therecan
be no doubt that one of the most serious of these hindrancesis
ignorance. If the people of India are to be healthy, prosperous and
happy, if democracyis to be a success and if our countryis to take

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94

THE RIGHT TO EDUCATION

its rightfulplace in thecomityof nations,it is imperativethatilliteracy

should be removed. Vigorous steps should be taken immediately
for the extensionof freeand compulsory education, and no sacrifice
should be considered too greatto give effectto the directiveprinciple
of our Constitutionin this respect. But even if freeand compulsory
education is introduced all over the country within the next few
years, withoutany scheme of adult or social education it will take
ages beforeeven the bulk of the population becomes literate. It
to find thatsocial education formspart of the Community
is gratifying
which
have been recently launched under the Five^Year
Projects
Plan, thoughI thinkthatconsidering the importance and magnitude
of the problem, more funds might have been made available forit.
Anotherhopeful sign is thatsince the decision to give a vote to every
adult was announced, besides the Central and State Governments,
privateorganizationshave also been doing useful work in the sphere
of social education. Mill said that universal teachingmust precede
universal enfranchisement.But while it is true that democracy
cannot be successful without education, it is also true that extension
without democracy. Let us therefore hope
of education is difficult
that universal enfranchisementwill lead to universal teaching in
India, so thata substantial portion of the population will have be'
come literateby the timethe nextGeneral Election takes place.

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