Public Interest Litigation And The Right To Education In India: Addressing Gaps In Quality And Access
- IJLLR Journal
- Jan 28
- 1 min read
Akanksha Priya, Symbiosis Law School Hyderabad
ABSTRACT
In India, Public Interest Litigation (PIL) has served as an important tool in operationalizing the right to Education (RTE), which has upgraded it from a constitutional promise to a more meaningful reality for underprivileged children. This article explores how PIL has broadened the concept of locus standi, allowing activists and civil society to look for remedies for underprivileged groups, thereby increasing access to and improving the quality of education. This article also studies how courts have read education into article 21 and enforced Article 21A to address issues like infrastructure deficits, teacher absenteeism, discrimination, and unsafe learning environments with the help of various cases laws like S.P. Gupta, Hussainara Khatoon, Bandhua Mukti Morcha, PUCL (mid-day meals), and subsequent RTE related cases. This article This further explores the conflict between the government’s obligation to improve education and the role of the courts. It reveals that although courts have been crucial in promoting educational reforms, they are not able to manage everything on their own. This article also addresses contemporary issues, including the necessity to include children with disabilities, particularly during the COVID-19 period, through PILs, and also the lack of access to digital education. It concludes by arguing that although Public Interest Litigation is a crucial means of holding the government responsible, the right to education can only be fully achieved when the government has strong and effective policies, sufficient funding, and community-level monitoring that works alongside the courts.
