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United Nations Treaties
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Date of admission to UN: 30 October 1945.
- International Covenant on Economic Social and Cultural Rights - ICESCR
Acceded: 10 April 1979.
Reports submitted/due: 1/4
Reservations and Declarations: Articles 1, 4, 7(c) and 8; three states filed objections to all or some aspects of these reservations.
Declaration:
(…)
With reference to articles 4 and 8 of the International Covenant on Economic, Social and Cultural Rights, the Government of the Republic of India declares that the provisions of the said [article] shall be so applied as to be in conformity with the provisions of article 19 of the Constitution of India.
(…)
- International Covenant on Civil and Political Rights - ICCPR
Acceded: 10 April 1979.
Reports submitted/due: 3/4
No reservation related to the right to education.
- International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Ratified: 3 December 1968.
Reports submitted/due: 14/17
Reservations and Declarations: Article 22; one state filed an objection to this reservation.
- Convention on the Elimination of All Forms of Racial Discrimination - CEDAW
Ratified: 9 July 1993.
Reports submitted/due: 1/3
Reservations and Declarations: Articles 5(a), 16(1), 16(2) and 29(1); one state filed an objection to some aspects of the reservations.
- Convention on the Rights of the Child - CRC
Acceded: 11 December 1992.
Reports submitted/due: 1/2
Reservations and Declarations: Article 32
Declaration:
"While fully subscribing to the objectives and purposes of the Convention, realising that certain of the rights of child, namely those pertaining to the economic, social and cultural rights can only be progressively implemented in the developing countries, subject to the extent of available resources and within the framework of international co-operation; recognising that the child has to be protected from exploitation of all forms including economic exploitation; noting that for several reasons children of different ages do work in India; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India - the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party."
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ILO treaties
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ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958) - date of ratification: 03.06.1960
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Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 26 January 1950
The right to education has recently become a fundamental right. See the 93rd amendment below:
The Constitution 93rd Amendment, 2001
Further to amend the constitution of India.
Be it enacted by Parliament in the fifty-second year of the Republic of India as follows:
1. (1) This Act may be called the Constitution (Ninety-third Amendment) Act, 2001.
2. It shall come into force on such date as the Central Government may, by notification in the official Gazette appoint
1. After article 21 of the Constitution the following article shall be inserted, namely:
"21A. the State shall provide free and compulsory education to all children of the age of six to fourteen year in such manner as the State may, by law, determine".
2. For article 45 of the Constitution, the following shall be substituted:-
"45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years".
3. In the article 51A of the Constitution, after clause (j) the following clause shall be added, namely:-
"(k) who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years".
Relevant Provisions
Part III - Fundamental rights
Art.28
Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
(1) No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognized by the State or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
Art.29
Protection of interests of minorities.
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into an educational institution maintained by the State or receiving aid out of state funds on grounds of religion, race, caste, language or any of them.
Art.30
Right of minorities to establish and administer educational institutions.
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Part IV- Directive principles of state policy
Art.41
Right to work, to education and to public assistance in certain cases.
The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Art.45
Provision for free and compulsory education for children.
The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Art.46
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
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