Library Catalogue
Image from Amazon.com
The right to education in India : the importance of enforceability of a fundamental right / Florian Matthey-Prakash.
Publisher: New Delhi, India : Oxford University Press, 2019Edition: First editionDescription: xxix, 446 pages ; 23 cmContent type:- text
- 9780199494286
- 0199494282
- 379.260954
- Also available as an e-book.
Contents:
Summary: What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a "right" only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.
Preface;
Introduction;
Chapter I: History and Current State of Elementary Education in India;
Chapter II: From a Directive Principle to a Fundamental Right;
Chapter III: Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India;
Chapter IV: Enforcing Rights against the State in India: The Problem of Access to Justice;
Chapter V: The Grievance Redress System under the Right to Education Act;
Chapter VI: Grievance Redress and the Judiciary: Enforcing the Right to Education Through "Macro and Micro-Management";
Conclusion and Outlook;
Bibliography;
About the Author;
Index.
| Item type | Current library | Shelving location | Call number | Materials specified | Status | Notes | Barcode | |
|---|---|---|---|---|---|---|---|---|
BOOKs
|
NLS | General Stacks | 379.260954 MAT (Browse shelf(Opens below)) | HB | Available | Recommended by Ms. Padmini Baruah | 39915 |
Browsing NLS shelves,Shelving location: General Stacks Close shelf browser (Hides shelf browser)
Includes bibliographical references (pages 398-434) and index.
Preface;
Introduction;
Chapter I: History and Current State of Elementary Education in India;
Chapter II: From a Directive Principle to a Fundamental Right;
Chapter III: Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India;
Chapter IV: Enforcing Rights against the State in India: The Problem of Access to Justice;
Chapter V: The Grievance Redress System under the Right to Education Act;
Chapter VI: Grievance Redress and the Judiciary: Enforcing the Right to Education Through "Macro and Micro-Management";
Conclusion and Outlook;
Bibliography;
About the Author;
Index.
What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a "right" only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.
Also available as an e-book.