Centre For Legal Aid, Awareness and                                 Youth

Introduction :-

The Helping Hands Group is a registered organisation under Societies Registration Act with the broad objectives of organising legal awareness and legal aid camps and ensuring proper implementation of right to education especially of the deprived children. It has been promoted by a group of budding lawyers.

In their recent past it has worked to promote and ensure rights of the deprived children in particular. During a span of last less than one year it has taken up the issue of right to education of the children in slums of Jaipur and got admitted in formal schools about 100 out of school children in the nearby schools. It has also raised voice regarding lack of facilities in the government schools, ensuring 25% admission in the private schools and the problems children facing in the schools. Prior to taking up the concrete action to enroll the children, a survey was conducted to find out the out schools children.

Also, we conducted school inspections to find out the situation of schools. A report containing the problem which we came across was submitted to Rajasthan State Commission for Protection of Child Rights with relevant suggestion. The organisation is also in the process of filing a PIL on the issue of implementation of provisions of RTE.

Cases On Right To Education :-

Right to education , was for the first time recognized as a fundamental right in the case of Anand Vardhan Chandel v University of Delhi , the Delhi High Court observed that the law has now settled that the expression ‘life and personal liberty’ in Article 21 of the Constitution includes a variety of rights, though they are not enumerated in Part III of the Constitution, provided that they are necessary for the full development of the personality of the individual and can be included in the various aspects of the liberty of the individual. The right to education is, therefore, also included in Article 21 of the Constitution.

In the case of Bapuji Education Association v State the Court, expanded the contours of personal liberty guaranteed by Article 21 of the Constitution to the extent it includes in its ambit the right of the minorities to education. But the Supreme Court took notice of this controversy in the case of Mohini Jain v State of Karnataka while deciding issues of capitation fee in education institutions in Karnataka, the court held that the right to life under Article 21 and the dignity of an individual couldn’t be assured unless accompanied by the right to education. The very next year in 1993 the Supreme Court delivered the judgment in the case of Unnikrishnan J.P. v State of Andhra Pradesh, which overruled the decision in Mohini Jain’s case, wherein, it was held that the right to education was a fundamental right available to all the citizens of India but the said right is available only up to the age of 18 years.