'...it is also imminent to focus on factors such as affordability and accessibility of digital learning, provision of continuous internet bandwidth and electricity supply etc. Regardless, digital learning is here to stay and is bound to revolutionize the education sector and preparedness of the country and its economy as a whole'
AISHWARYA LAKHSMI VM
எண்ணென்ப ஏனை யெழுத்தென்ப இவ்விரண்டுங்
கண்ணென்ப வாழும் உயிர்க்கு. -- குறள் 392[1]
Evolution of the Fundamental Right to Education:
One of the primary duties of a welfare State is to provide free and compulsory education to children until the age of 14 years, known as primary education. This persuasive duty on the State was codified in the erstwhile Art.45 of the Directive Principles of State Policy, in Part IV of the Constitution of India in 1950 to be realized with a time limit of ten years from the promulgation of the Constitution. However, it was only after the intervention of the Supreme Court through cases like Mohini Jain v. State of Karnataka (1992), Unni Krishnan JP v. State of Andhra Pradesh (1993), etc., that the Right to Education was read into Art.21 of the Constitution of India as a fundamental right.
After much deliberation, Art.21A of the Constitution of India was introduced in 2002 vide the Constitution (Eighty-Sixth Amendment) Act, 2002, wherein the right to free and compulsory education for children between the age group of 6 to 14 years was made into a justiciable fundamental right within the Constitutional framework. The Constitution (Eighty-Sixth Amendment) Act, 2002 amended the erstwhile Art.45 to provide early childhood care and education for children until the age of six years, and introduced Art.51A(k) imposing a fundamental duty on the parent or guardian of a child whose age is between 6 to 14 years, the duty to provide opportunities for education.
As envisaged under Art.21A the ‘law determined by the State’ to provide a rights based framework casting a legal obligation on the Government, both Central and State, was the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Also, the right to education is a human right recognized under several international instruments such as the UDHR (Art.26), ICESCR (Art.13), and Convention on the Rights of the Child (Art.28). SDG-4 also recognizes the importance of quality, inclusivity, and equity in education. While ‘education’ simpliciter is a term of wide import, the focus of this work is on free and compulsory primary education provided to children between the age group of 6 to 14 years of age, which in India is now an established fundamental right and a statutory right.
Rise of Digital Learning and issues associated thereof:
Just when everything seemed to be going well, albeit after decades of snail-paced progress, the stupendous growth of information and communication technology revolutionized the education sector through digital learning. The effect of digital learning, dramatically impacted by the Covid-19 pandemic, led to a serious question on what happens to the right to education, online. The National Education Policy, 2020 did focus on formulating a policy to build ICT capabilities and deliver digital education through measures such as SWAYAM, SWAYAMPRABHA, DIKSHA, DISHA, National Digital Library, e-Pathshala etc[2]. The real issue in this context, as always, is having impeccable provisions on paper but improper implementation in real life and this issue needs to be addressed in due course. In a significant order during the pandemic, the Supreme Court in Action Committee Unaided Recognized Private Schools v. Justice for All & Ors., recognized the need for State-intervention to provide gadgets to marginalized children and ensure their online learning does not get affected.
Apart from necessity-driven digitalization of education, profit-driven digitalization through ed-tech companies in the form of delivering online education, setting up tuition hubs and self-operated schools is on the rise.[3] Though the Government of India has issued an advisory against ed-tech companies, an active regulatory mechanism for ed-tech is yet to be devised. Ed-tech may not directly impact the fundamental right to education, however the State’s oversight and field-work in this area is critical to ensure there is no wider gap in the quality between the education provided by the State and those provided by ed-tech.
Impact of Digital Learning on the Right to Education - Bridging the Gap:
Some of the key impacts of digitalization of education on the right to education, as identified by the Office of the High Commissioner of Human Rights include the following:
Rising inequalities especially with respect to access to technological advancements.
Increasing commercialization and outlook for education as a money-making industry.
Data collection, determination of students’ study pathways, tracking, surveillance, violation of privacy and targeted advertising to children.
Reduced interpersonal skills due to lack of face-to-face interaction.
Machine Learning and Artificial Intelligence have stereotypical datasets that may reinforce cultural bias.
Excessive digitalization imposes standardization that fails to appreciate cultural and linguistic diversity.
Interplay of digital learning with psychological, neurological and physical health of children.
Restriction on the academic freedom and creativity of teachers.
While it is critical for India to factor in these impacts while formulating policy changes in the domain of digital learning, it is also imminent to focus on factors such as affordability and accessibility of digital learning, provision of continuous internet bandwidth and electricity supply etc. Regardless, digital learning is here to stay and is bound to revolutionize the education sector and preparedness of the country and its economy as a whole.
It is pertinent to note that the RTE Act also lays down norms and standards for running schools (S.19 read with the Schedule to the Act), and factors in all round development of the child and building up a child’s knowledge, potentiality and talent while framing curriculum (S.29). It is high time the legislature intervenes to integrate ICT and digital learning into the RTE Act, so that the human right to share in scientific advancement and its benefits (Art.27, UDHR and Art.15, ICESCR) of the economically weaker and vulnerable section of the Indian social strata is not violated. The presence of a statutory right to digital learning for a holistic realization of the fundamental right under Art.21A is the need of the hour for ensuring social justice.
The author, AISHWARYA LAKSHMI VM is a Lawyer & Company Secretary. She is available for comments at https://www.linkedin.com/in/aishwarya-lakshmi-vm-5aa0a4192
[1] Thiruvalluvar, Thirukkural, Kural 392; Translated to English by Rev. Dr. GU Pope et. al., as: “The twain that lore of numbers and of letters give Are eyes, the wise declare, to all on earth that live.” Available at: https://www.projectmadurai.org/pm_etexts/pdf/pm0153.pdf [2] See generally, Rakesh Chandra, The Changing Contours of Online Learning in India: A critical study, 9(1) Journal of Legal Studies and Research, 27 (2023), https://thelawbrigade.com/wp-content/uploads/2023/03/Rakesh-Chandra-JLSR.pdf. [3] See generally, Ashima Gulati & Oindrila Sanyal, It’s Time to regulate India’s Ed-Tech Sector, The Bastion.co.in, (Apr. 25, 2022), https://thebastion.co.in/politics-and/education/its-time-to-regulate-indias-edtech-sector/.
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