Right To Equality In Education: A Legal Study
- IJLLR Journal
- Apr 28
- 2 min read
Anurag Bhatt, LL.M., Amity Law School, Amity University
Dr. Aishwarya Pandey, Assistant Professor, Amity Law School, Amity University
ABSTRACT
The Right to Equality in Education is a cornerstone of any just and democratic society, ensuring that every individual—regardless of caste, gender, religion, socio-economic status, or physical ability—has equal access to quality educational opportunities. Education is not merely a means of personal growth and employment; it is a transformative tool for social justice, empowerment, and national development. In India, the legal foundation for educational equality is primarily rooted in Articles 14, 15, 21A, and 38 of the Constitution, which collectively guarantee the right to equality, prohibit discrimination, mandate free and compulsory education for children aged 6 to 14, and direct the state to promote welfare policies to reduce inequalities.
The landmark Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) operationalized Article 21A, mandating inclusive and nondiscriminatory access to education in government and certain private institutions. The act recognizes the inherent dignity of every child and attempts to create an environment where education is accessible, affordable, and equitable. It also seeks to eliminate disparities by focusing on marginalized groups such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), girls, children with disabilities, and those living in rural or impoverished regions.
However, despite the constitutional and legal safeguards, the right to equality in education remains a distant reality for many. Deep-rooted social hierarchies, economic inequalities, gender bias, linguistic and regional disparities, and the digital divide continue to hinder equitable access to education. Urban-rural imbalances, underfunded public schools, lack of infrastructure, and inadequate teacher training further exacerbate the problem. Marginalized students often face systemic discrimination and exclusion, leading to higher dropout rates and lower academic performance.
In recent years, judicial interventions have also played a critical role in upholding the right to educational equality. The Indian judiciary, through various judgments, has emphasized the importance of inclusive education and held the state accountable for lapses in its implementation. The courts have reiterated that equality in education does not merely mean access but also encompasses quality, dignity, and the elimination of systemic barriers.
