The Right to Education in India: The Importance of Enforceability of a Fundamental Right

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Florian Matthey-Prakash (Judge, Judge, State of Hessen, Germany)

The Right to Education in India

The Importance of Enforceability of a Fundamental Right

Florian Matthey-Prakash (Judge, Judge, State of Hessen, Germany)

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English

OUP India
10 October 2019

Primary & middle schools; Civil codes & Civil law; Law & society; Human rights & civil liberties law; Early learning & early learning concepts

"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."

By: Florian Matthey-Prakash (Judge Judge State of Hessen Germany)
Imprint: OUP India
Dimensions: Height: 223mm, Width: 146mm, Spine: 43mm
Weight: 640g
ISBN: 9780199494286
ISBN 10: 0199494282
Pages: 424
Publication Date: 10 October 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Florian Matthey-Prakash is a judge, State of Hessen, Germany. He was previously an independent researcher based in Germany with interest in comparative constitutional law, socio-economic rights, access to justice, and education.