Right To Education For All Gender : A Basic Human Right


Author : Muskan Banga , Student BBALLB , Banasthali Vidyapith


As India’s landmark Right to Education (RTE) Act, 2009 has completed its decadal anniversary and its implementation still continues to be a huge challenge as the country continues to grapple with the crunch of poor learning outcomes in schools. The central fact of our constitution is No discrimination on any ground. Promoting gender equity is essential to achieving basic development goals because India still goes through poor investment in female education relative to male education, but there is one more gender who is facing the same problem in dark. As we know that India's Supreme Court has recognized transgender people as a third gender and the right to education of transgender have been at the core of political debate throughout the most recent years. This unvoiced gender is deprived of primary education due to their inappropriate gender role so the author will also focus on the constitutional goals and safeguards to provide equality to all three genders. 

Considering the dark and dull state of compliance, this paper seeks to assess the performance and challenges of the RTE to meet gender equality The purpose of this paper is to put forward the Obsolete reason for the constrained success of this problem because not everyone getting equality in education. This discrimination is not due to the biological construction of one’s body but it is due to the vicious mindset of the society which is very challenging to mold. Education is a basic right like food then why even categorizes gender for this necessity. The author explores the challenges faced by each gender and hindrances in their education system and the impact of RTE in providing access to education to all of them. Overall, the paper wraps the dimensions of gender, equity and quality under RTE and recommends the measures to be taken up at the policy level itself. 

Keywords : Transgender equality, Right to education, discrimination laws, gender inclusion


The right to education is a basic human right and it is universally recognized as an element of human development. This long journey ended with the right of children to free and compulsory education act 2009. The Indian Constitution has recognized the importance and need of education for social transformation and is committed to social justice. As India’s landmark Right to Education (RTE) Act, 2009 has completed its decadal anniversary but there is still something that is lacking behind.
In India, a child has considered equivalent to god or a gift and blessings whether the child is a girl, boy or transgender and to ensure that every child should get the freedom of thoughts and become independent and for this, each and every parent must provide quality education for their children. Education whether it’s primary or higher gives an individual a direction to achieve their goals and make them stand to own their own by knowing what exactly they want to become in life.
Denying education to a child will not only deprive them of a fundamental right but prima facie infringe their human rights. In the largest democratic country like India, the Government of India had ensured the Right to Education compulsorily from 6 to 14 years of age for each and every child by making it a fundamental right through the 86th Constitutional Amendment 2002. This fundamental right has become a necessity and basic human right. The state being a responsible and welfare state wants to achieve the goals mentioned in the directive principles of state policy by making it a fundamental right but in this regard, the biggest challenges enforcing Article 21-A of the Indian Constitution i.e., equal education should be provided to male or female and Right to Education for the transgender children in India.

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