The Right to Education in India

The Importance of Enforceability of a Fundamental Right

Price: 1495.00 INR

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ISBN:

9780199494286

Publication date:

06/10/2019

Hardback

480 pages

Price: 1495.00 INR

We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.

ISBN:

9780199494286

Publication date:

06/10/2019

Hardback

480 pages

Florian Matthey-Prakash

What does it mean for education to be a fundamental right, and how may children benefit from it? Whoever has a ‘right’ must also be able to claim that right, and not be dependent on the state choosing to provide for the right out of its own benevolence. This book shows why this aspect is of core importance for the right to education, and how the constitutional promise might be made a reality.

Rights:  World Rights

Florian Matthey-Prakash

Description

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 barely received any attention. The 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 remains unfulfilled. It deals

with the 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 of Children to Free and Compulsory Education Act, 2009’ 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.

About the Author

Florian Matthey-Prakash worked extensively on Indian constitutional law as a researcher at the University of Giessen, Hesse, Germany. He now works as a judge in Germany.

Florian Matthey-Prakash

Table of contents

List of Abbreviations

Acknowledgements

Introduction

 

  1. History and the Current State of Elementary Education in India
  2. From a Directive Principle to a Fundamental Right
  3. Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India
  4. Enforcing Rights against the State in India: The Problem of Access to Justice
  5. The Grievance Redress System under the Right to Education Act
  6. Grievance Redress and the Judiciary: Enforcing the Right to Education through ‘Macromanagement and Micromanagement’

 

Conclusion and Outlook

Bibliography

Index

About the Author

Florian Matthey-Prakash

Features

  • The first book to raise the question of the purpose of Article 21A, the only socio-economic right in the Constitution
  • Argues that Article 21A's meaning is not merely political, but that it creates concrete obligations for the State
  • Draws conclusions from international law as well as comparative law to identify these legal obligations
  • Answers question in a way that is relevant to other socio-economic rights that are not part of the constitutional text.
  • Provides a unique interdisciplinary approach, dealing with constitutional law, education, and access to justice
  • Offers suggestions on how implementation of the Right to Education Act may be brought forward through a bottom-up approach, rather than the top-down approach that has been receiving much more attention
  • Explains why Public Interest Litigation is not sufficient to legally empower the poor, but explains how it can be powerful for policy issues

Florian Matthey-Prakash

Florian Matthey-Prakash

Description

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 barely received any attention. The 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 remains unfulfilled. It deals

with the 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 of Children to Free and Compulsory Education Act, 2009’ 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.

About the Author

Florian Matthey-Prakash worked extensively on Indian constitutional law as a researcher at the University of Giessen, Hesse, Germany. He now works as a judge in Germany.

Read More

Table of contents

List of Abbreviations

Acknowledgements

Introduction

 

  1. History and the Current State of Elementary Education in India
  2. From a Directive Principle to a Fundamental Right
  3. Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India
  4. Enforcing Rights against the State in India: The Problem of Access to Justice
  5. The Grievance Redress System under the Right to Education Act
  6. Grievance Redress and the Judiciary: Enforcing the Right to Education through ‘Macromanagement and Micromanagement’

 

Conclusion and Outlook

Bibliography

Index

About the Author

Read More