Dec182025
Thought Leadership
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By Abhishek Jain, Head, Public Policy at Mantra4Change.

Though this piece we have conducted comparative mapping studies of the right to elementary education across the Universal Declaration of Human Rights (“UDHR”), International Covenant on Economic, Social and Cultural Rights, 1966 (“ICESCR”), the Convention on the Rights of the Child, 1989 (“CRC”), the Constitution of India (“CoI”) and the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act”).

Comparative Mapping 1: Scoping the Right to Elementary Education

The right to elementary education is a part of the border right to education. At the outset it is pertinent to note that there is no universally agreed definition of ‘elementary education’. However, pertinent different law and policy instruments both at the international and national level recognise the right to education and a more fundamental right in the context of the right to elementary education. To this end, the table below analyses what ‘education’ has been made ‘free’ and ‘compulsory’ across these different instruments to map the right to elementary education in India against these international instruments.

UDHR

“Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.”3

ICESCR

“Primary education shall be compulsory and available free to all.”4

CRC

“Make primary education compulsory and available free to all”5

CoI

“The State shall provide free and compulsory education to all children of the age of six to fourteen years”6

RTE Act

“Every child of the age of six to fourteen years, … shall have the right to free and compulsory education”7

The right to education that has been made free and compulsory across these different instruments is in relation to ‘elementary education’, ‘primary education’ and ‘to children aged between 6-14 years’.

Pertinently, while ‘elementary education’ and ‘primary education’ have not been defined under the UDHR, ICESCR or CRC, in the Indian context, ‘elementary education’ has been defined as “the education from first class to eighth class”8 i.e., education for a child from the age of 6-14 years. While in some countries ‘primary education’ and ‘elementary education’ are used interchangeably, notably the age ranges for both terms would be subsumed within the bucket of providing education to a child aged 6-14 years.

Comparative Mapping 2: Scope of the State’s Obligation to secure the Right to Elementary Education

From the above, it is evident that the state has a positive obligation9 to secure the right to elementary education within its jurisdiction. Please note that ‘state’ here is used to refer to different nation states. Now as a next step it is imperative to understand what is the scope of this obligation on the state in light of 4 key focus areas10

UDHR

The UDHR is a non-binding instrument and only intends to set the “common standard of achievement for all peoples and all nations,”11

ICESCR

The ICESCR places an obligation on the state “to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.”12

Further, “Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education”.13

Further, the state shall ensure the “development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved”.14

Furthermore, if the state has not at the time of becoming a party to this covenant secured the right to free and compulsory education within its jurisdiction it shall within 2 years “work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all”.15

CRC

The CRC places an obligation on the state to “promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods.”16

Further, the state “recognize the right of the child to education”17 and to this end shall have the obligation to “take appropriate measures such as the introduction of free education and offering financial assistance in case of need”18 and “take measures to encourage regular attendance at schools and the reduction of drop-out rates”.19

CoI

The CoI limits the states obligations in relation to the right to education to “within the limits of its economic capacity and development”20

Further, it also places an obligation on the state endeavor to “foster respect for international law and treaty obligations in the dealings of organized peoples with one another”21, implying that the state would need to adhere to its obligations under the ICESCR and CRC.22

RTE Act

The RTE Act is a statute that was enacted to fulfill the state’s obligations under the CoI, which provides for specific obligations for the appropriate government to undertake to secure the right to free and compulsory elementary education which include among others, to “ensure availability of a neighbourhood school”, “provide infrastructure including school building, teaching staff and learning equipment”, “ensure and monitor admission, attendance and completion of elementary education by every child”, “ensure good quality elementary education conforming to the standards and norms specified”, “ensure timely prescribing of curriculum and courses of study for elementary education” etc.23

From the above upon a simple reading, it is evident that India’s positive obligation in relation to securing the right to free and compulsory elementary education, would include among others the following obligations within its ambit: firstly, to promote and encourage international cooperation with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods, and secondly, to undertake necessary steps and introduce appropriate measures (including by means of legislative measures) to secure the right to education to the maximum of its available resources.

While both of these obligations have duly been captured by the CoI as shown in the above table, the true determination of their fulfillment (and even sufficiency) and their on-ground impact is neither publicly accessible information but also practically very difficult to assess.

B. Obligations in relation to to the curriculum and focus of educational delivery

UDHR

It provides a baseline standard that “Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.”24

ICESCR

CRC

States shall ensure that the education of the child is directed to: “(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment”.25

CoI

The state is prohibited from providing any religious instruction “in any educational institution wholly maintained out of State Funds”, however this does not 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”.26

RTE Act

The appropriate government / academic authority are responsible for laying down the curriculum, whilst considering the following: “(a) conformity with the values enshrined in the Constitution; (b) all round development of the child; (c) building up child's knowledge, potentiality and talent; (d) development of physical and mental abilities to the fullest extent; (e) learning through activities, discovery and exploration in a child friendly and child-centered manner; (f) medium of instructions shall, as far as practicable, be in child's mother tongue; (g) making the child free of fear, trauma and anxiety and helping the child to express views freely; (h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same”.27

While on a literal reading it appears that there is a delta in terms of the educational direction/ curriculum recommended under international instruments like the UDHR and the CRC, it is pertinent to note that the aforementioned provisions from Indian law are worded inclusively and broadly. Further, in the Indian context to understand the educational direction/ curriculum it is also necessary to review other allied policy instruments like the National Education Policy, 2020 and state education policies.

C. Obligations in relation to the parent/ guardian’s right to choice of schooling

UDHR

“Parents have a prior right to choose the kind of education that shall be given to their children”.28

ICESCR

States have to respect the liberty of parents / legal guardians “to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions”.29

CRC

CoI

All Indian parents / guardians shall have the duty “to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years”.30

RTE Act

All parents/ guardians have a duty “to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school”.31

The parent/ guardian of the child as the case may be, plays an integral role in the education of a child. The family “is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children”.32 Consequently, it is only natural that the parents/guardians are given a right to choose the kind of education they would like to afford to their children including both in terms of whether the child is admitted to a public school vs a private school, whether the want to make the decision on the basis of religion, language etc.

D. Obligations in relation to the establishment of private educational institutions

UDHR

ICESCR

States shall not “interfere with the liberty of individuals and bodies to establish and direct educational institutions” provided they are in line with the principles set out in the ICESCR and provided that “such institutions shall conform to such minimum standards as may be laid down by the State”.33

CRC

States shall not “interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State”.34

CoI

The state cannot interfere with the right of any “minorities, whether based on religion or language” “to establish and administer educational institutions of their choice”.35

RTE Act

The state is empowered to recognise all those schools which comply with the standards stipulated by the appropriate government/ authority regardless of whether they are set-up by the government or by a private actor.36

In line with the international standard, India recognises schools set up by private and non-governmental actors provided that these schools fulfill and comply with certain standards laid down by the appropriate government/authority.

Conclusion

Through the comparative mapping and analysis above, we can see a strong convergence across various international and national instruments (India level) in recognizing a similar baseline for the right to free and compulsory elementary education as a fundamental right. Pertinently, while India has fulfilled the first level of its obligations through legislative recognition of the right through its codification under Article 21A of the CoI and the enactment of the RTE Act (and underlying RTE Rules), the scope of the state’s obligation extends beyond this legislative recognition and now includes working towards taking necessary actions to the maximum extent of its capacity to secure this right. However, the scope of the state’s obligation extends beyond legislative recognition, it includes taking proactive and sustained action to secure this right to the maximum extent of its capacity. Further, it is noteworthy that international instruments like UDHR, ICESCR, and CRC do not spell out specific actions to be undertaken by the state and only provide the baseline expectation and desired end goal.

This is where policy discourse becomes critical: translating legal commitments into proactive and evidence-based education policies that address educational need, demand, and service delivery. The flexibility embedded in these legal instruments allows the right to elementary education to be interpreted dynamically and in line with evolving educational systems and societal needs. As such, the right must be continuously reimagined through policy frameworks that are responsive to emerging challenges across national and local levels. Only then can it remain a living commitment, responsive to the present and resilient for the future.

This is where system-support and grassroots organisations like Mantra4Change exist, to bridge the gap between legislation and action, ensuring that the state’s commitment to guarantee certain rights translates into the practice of education. Legal recognition by itself is not enough to secure equitable access; equity in education is only possible with collective action by diverse stakeholders including, the government, civil society organizations, teachers, parents and other ecosystem players.

* By Abhishek Jain, Head, Public Policy at Mantra4Change.

* AI Use Declaration: Assistance of AI tools was taken for analysis and copy-editing of this blog.

1 The National Education Policy 2020 (‘NEP) was approved on July 29, 2020 and is accessible here.

2 Page 6 of the NEP.

3 Article 26(1) of the Universal Declaration of Human Rights (“UDHR”).

4 Article 13(2)(a) of the International Covenant on Economic, Social and Cultural Rights, 1966 (“ICESCR”).

5 Article 28(1)(a) of the Convention on the Rights of the Child, 1989 (“CRC”).

6 Article 21A of the Constitution of India (“CoI”).

7 Section 3(1)(e) of the Right of Children to Free and Compulsory Education Act, which was enacted on August 26, 2009 (“RTE Act”).

8 Section 2(1)(f) of the RTE Act.

9 A ‘positive obligation’ put simply is an obligation to take action, or an obligation that places a duty to act on a party.

10 Please note that for the purpose of this piece we have not conducted an analysis of certain obligations which can also affect the contours of the state’s obligations in relation to the right to education such as the prohibition on discrimination, special protections for disabled children etc.

11 Preamble of the UDHR.

12 Article 2(1) of the ICESCR.

13 Article 13(2)(d) of the ICESCR.

14 Article 13(2)(e) of the ICESCR.

15 Article 14 of the ICESCR.

16 Article 28(1)(a) of the CRC.

17 Article 28(1) of the CRC.

18 Article 28(1)(b) of the CRC.

19 Article 28(1)(e) of the CRC.

20 Article 41 of the CoI.

21 Article 51(c) of the COI

22 India has signed and ratified the ICESCR and CRC.

23 Section 8 of the RTE Act.

24 Article 26(2) of the UDHR.

25 Article 29(1) of the CRC.

26 Article 28(1) and (2) of the CoI.

27 Section 29 of the RTE Act.

28 Article 26(3) of the UDHR.

29 Article 13(3) of the ICESCR.

30 Article 51A(k) of the CoI.

31 Section 10 of the RTE Act.

32 Article 10(1) of the ICESCR.

33 Article 13(4) of the ICESCR.

34 Article 29(2) of the CRC.

35 Article 30(1) of the CoI.

36 Section 18 of the RTE Act read with Rule 16 of the Right of Children to Free and Compulsory Education Rules on April 8, 2010