In this decision, the Supreme Court of India upheld the constitutionality of section 12 of the Right of Children to Free and Compulsory Education Act (RTE Act), which requires all schools, both state-funded and private, to accept 25% intake of children from disadvantaged groups. However, the Court held that the RTE Act could not require private, minority schools to satisfy a 25% quota, as this would constitute a violation of the right of minority groups to establish private schools under the Indian Constitution. This case affirms that the authority of the State to fulfil its obligations under the right to education can be extended to private, non-State actors. Because the State has the authority to determine the manner in which it discharge this obligation, it can elect to impose statutory obligations on private schools so long as the requirements are in the public interest.
China’s education policy in the Tibet Autonomous Region (TAR) is significantly reducing the access of ethnic Tibetans to education in their mother tongue. The government policy, though called “bilingual education,” is in practice leading to the gradual replacement of Tibetan by Chinese as the medium of instruction in primary schools throughout the region, except for classes studying Tibetan as a language. Since the 1960s, Chinese has been the language of instruction in nearly all middle and high schools in the TAR, where just under half of Tibetans in China live, but new educational practices introduced by the government in the TAR are now leading more primary schools and even kindergartens to use Chinese as the teaching language for Tibetan students.