Right to Education

State laws regulated capitation fees (direct, uniform fees) by certain private educational institutions. The Supreme Court of India cited the ICCPR and held that there is a basic, constitutionally-protected right to education. This right is entailed in the fundamental right to life under the Constitution. The Court held that though the right to education had previously been non-justiciable, it was now enforceable under the law. Children under the age of fourteen could not be denied this right (upon reaching the age of fourteen, this right became subject to the economic realities of government finances). Drawing guidance from the ICCPR, the Court said that the government must use its resources effectively to fully achieve the right of each child to an education.

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