Right to Education vs Duty to Educate

The provision of universal and compulsory education for all children in the age group of 6–14 was a cherished national ideal and had been given overriding priority by incorporation as a Directive Policy in Article 45 of the Constitution, but it is still to be achieved more than half a century since the Constitution was adopted in 1949. Parliament has passed the Constitution 86th Amendment Act, 2002, to make elementary education a Fundamental Right for children in the age group of 6–14 years.

This can be viewed in the context of a proposal moved in 1940, obviously during the British rule, when then government presented a plan, called the Sergeant Scheme for the spread of education and targeting 100% literacy in India in 40 years, that is by 1980. The scheme was criticized by the leaders of Indian parties as being too long period, and after the independence, even in 2017 the target is far away. 

1901 census – literacy rate	Male %	Female %
Madras	11.9	0.9
Bombay	11.6	0.9
Bengal	10.4	0.5
Berar	8.5	0.3
Assam	6.7	0.4
Punjab	6.4	0.3
United Provinces	5.7	0.2
Central Provinces	5.4	0.2

Total enrolment at the primary level has increased from 19,200,000 in 1950–51 to 109,800,000 in 2001–02. The number of high schools in 2000–01 was higher than the number of primary schools at the time of independence.

Country	Adult Literacy Rate	Youth Literacy Rate ages 15–24
China	96.4% (2015)	99.7% (2015)
Sri Lanka	92.6% (2015)	98.8% (2015)
Myanmar	93.1% (2015)	96.3% (2015)
World Average	86.3% (2015)	89.6% (2010)
India	74.04% (2011)	90.2% (2015)

The states in India have their different kinds of stories in the implementation of the literacy. Some of them, Kerala, Tripura, Mizoram and few others have performed more than the national average.

The Tripura success story is attributed to the involvement of local government bodies, including gram panchayats, NGOs and local clubs under the close supervision of the State Literacy Mission Authority (SLMA) headed by the chief minister. Tripura attained 87.75 percent literacy in the 2011 census, from the 12th position in the 2001 census to the 4th position in the 2011 census.Chief Minister Manik Sarkar said that efforts were underway to literate leftover 5.35 percent people and achieve complete success in a state of about 3.8 million people.The programmes were not just implemented to make the state literate but as long-term education programmes to ensure all citizens have a certain basic minimum level of education. Tripura has 45 blocks and 23 subdivisions that are served by 68 government-run schools and 30-40 private schools. Among projects implemented by the state government to increase literacy in the state are

• Total literacy drive for people aged between 15 and 50 who have lost the chance of entering formal education fold. A special program – titled improved pace and content learning (IPCL) – has been designed to provide basic education to such people.
• 10,000 aa gan wadi centers have 100 percent enrollment.
• Policy of no examination till class VIII to prevent children from dropping out.
• Midday meals in all schools with an eclectic menu for all days of the week to attract more students.
• No tuition fee in government colleges.

The holistic education system, implemented with equal interest in Agartala, remote areas and the tribal autonomic areas makes sure that people in Tripura do not just become literate but educated, officials emphasized. One pointer to the government's interest in education is the near-total absence of child labor in Tripura

Kerala has the highest literacy rate among the states of India, followed by the state of Mizoram. Kerala topped the Education Development Index (EDI) among 21 major states in India in the year 2006–2007.[143] More than 94% of the rural population has access to a primary school within 1 km, while 98% of the population benefits one school within a distance of 2 km. An upper primary school within a distance of 3 km is available for more than 96% of the people, whose 98% benefit the facility for secondary education within 8 km. The access for rural students to higher educational institutions in cities is facilitated by widely subsidized transport fares. Kerala's educational system has been developed by institutions owned or aided by the government. In the educational system prevailed in the state, schooling is for 10 years which is subdivided into lower primary, upper primary and high school. After 10 years of secondary schooling, students typically enroll in Higher Secondary Schooling in one of the three major streams—liberal arts, commerce or science. Upon completing the required coursework, students can enroll in general or professional undergraduate programs. Kerala undertook a "campaign for total literacy" in Ernakulamdistrict in the late 1980s, with a "fusion between the district administration headed by its Collector on one side and, on the other side, voluntary groups, social activists and others".  On 4 February 1990, the Government of Kerala endeavoured to replicate the initiative on a statewide level, launching the Kerala State Literacy Campaign. First, households were surveyed with door-to-door, multistage survey visits to form an accurate picture of the literacy landscape and areas that needed special focus. Then, Kala Jāthas (cultural troupes) and Sāksharata Pada Yātras (Literacy Foot Marches) were organized to generate awareness of the campaign and create a receptive social atmosphere for the program. An integrated management system was created involving state officials, prominent social figures, local -officials and senior voluntary workers to oversee the execution of the campaign.

Himachal Pradesh underwent a "Schooling Revolution" in the 1961–2001 period that has been called "even more impressive than Kerala's." Kerala has led the nation in literacy rates since the 19th century and seen sustained initiatives for over 150 years, whereas Himachal Pradesh's literacy rates in 1961 were below the national average in every age group. In the three decadal 1961–1991 period, female literacy in the 15–19 years age group went from 11% to 86%. School attendance for both boys and girls in the 6–14-year age group stood at over 97% each when measured in the 1998–99 school year.

A key factor that has been credited for these advances is Himachal's cultural background. Himachal Pradesh is a Himalayan state with lower social stratification than many other states, which enables social programmes to be carried out more smoothly. Once the Government of Himachal Pradesh was able to establish a social norm that "schooling is an essential part of every child's upbringing," literacy as a normal attribute of life was adopted very rapidly. Government efforts in expanding schools and providing teachers were sustained after the 1960s and communities often responded very collaboratively, including with constructing school rooms and providing firewood essential during the Himalayan winters.

Mizoram is the second most literate state in all of India, second only to Kerala, with Serchhip and Aizawl districts being the two most literate districts in India (literacy rate is 98.76% and 98.50%), both in Mizoram whose literacy rate rose rapidly after independence: from 31.14% in 1951 to 88.80% in 2001.As in Himachal Pradesh, Mizoram has a social structure that is relatively free of hierarchy and strong official intent to produce total literacy. The government identified illiterates and organised an administrative structure that engaged officials and community leaders, and manned by "animators" who were responsible for teaching five illiterates each. Mizoram established 360 continuing education centres to handle continued education beyond the initial literacy teaching and to provide an educational safety net for school drop-outs.

Although the decadal rise from 2001–11 was only 7% (60.4% in 2001 to 67.1% in 2011) Rajasthan had the biggest percentage increase in literacy in the period 1991–2001 in literacy of all Indian states.

While the statistics says that the literacy rate, at least the theoritical rates have increased, but what about the incomplete education and lakhs who go without school even now, and why?

the main cause is the problem is that India does not have a duty to educate, it is only having Right to Educate. The basic difference between right and duty is that you claim the right, but duty is guranteed.

A right has to be claimed against the state, but the state is very powerful. State had legislated that schools cannot deny admission subject to certain conditions being fulfilled, and on the top of that, provided the students do come to the school. Questions which go unanswered are what if the parents do not take to child to school, what if there are no schools around, what if the child does not have any parents, and like that which 'existence of right' make the right only typed paragraphs, nothing more.

There are no denying that the Right to Educate had contributed a lot, but the we have to walk miles before we can say 'yes, we have done it'.

What if we substitute the Rights with 'the Duty'

The Duty of the state to educate, to ensure that wherever there are people, there must be some sort of education centres; to ensure that all people have access to education centres; to ensure that all children are sent to schools, whether they have parents and guardians or not; to ensure that all schools have educators and defined basic facilities.

The Duty of the parents and guardians to send the child to schools, duty of social workers and may be even police to see that homeless kids on the road do get some sort of shelter and also education.

In my opinion, the Duty must be made a part of the Law, besides the Right.