• Naw Priskilla

The human rights refer to all rights that are present in our existing society. Without human rights one cannot live as human beings in our existing society. Human rights are the basic rights that a person irrespective of race, caste, gender, creed, religion or any other background cannot be denied anywhere and or at any condition. Rights are provided in Part III of the Indian Constitution as fundamental rights. The Constitution guarantees six fundamental rights to Indian citizens as follows: right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. Education is the most powerful tool which can shape the destiny of an individual as well as the whole nation. The right to education is a fundamental human right under the right to freedom. It is also central to realising other human rights. The Indian Constitution has provisions to ensure that the state provides education to all its children. The Indian Constitution in its original enactment defined education as state list subject. In 1976, the 42nd Constitutional amendment was added and education became a concurrent list subject which enables the central government to legislate it in the manner suited to it. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002under the article 21A. The Right of Children to Free and Compulsory Education Act (RTE Act), a law to enable the implementation of the fundamental right was passed by Parliament in year of 2009. Both the Constitutional amendment and the new law came into force from 1st April 2010. On Constitutional basis, the present paper highlights the fundamental human rights and right to education of the children.

Human Rights, Right to Education, Indian Constitution, Children.

"Human Rights And Right to Education", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 10, page no.f343-f349, October-2023, Available :http://www.jetir.org/papers/JETIR2310441.pdf

"Human Rights And Right to Education", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 10, page no. ppf343-f349, October-2023, Available at : http://www.jetir.org/papers/JETIR2310441.pdf