Potential Violation of the Right to Education in India: Digital Education, Underprivileged Children & COVID-19

25 Pages Posted: 12 Feb 2022

Date Written: February 10, 2022

Abstract

In ancient India, there were no “formal” schools, instead there were Gurukuls. Gurukul was a type of school where students lived on the same premises as the teacher (guru). Students would live together as equals, irrespective of their social standing, learnt from the guru and distributed chores amongst themselves to help the guru in his day-to-day life. However, times have changed and so has education. Internet has facilitated cross border business and education. Zoom, Messenger and Skype facilitate global communication and transactions and now, because of the not so novel anymore coronavirus- “virtual” classrooms.

This paper aims to answer the question whether digital-only-education/predominantly digital education in India is a potential violation of the fundamental right to education? It aims to bring to the fore issues related with digital education and provide prescriptive solutions for such issues. In this regard, I will analyze the situation in India to understand how the COVID-19 pandemic impacted the education of underprivileged children. I will look at some key concepts such as the right to education, right to access to the internet, digital divide, and gender disparity. I will analyze how the introduction of online/digital education during the pandemic without the requisite resources further worsened the digital divide in India and played to the disadvantage of underprivileged children, particularly females. To further aid our understanding, I will discuss the situation in certain other countries such as Madagascar, Jordan, Timor-Lester, United States of America, Fiji and Vanuatu. This paper will analyze how lack of access to the internet and electronic gadgets, and digital-only-education/predominantly digital education violate the fundamental right to education. Accordingly, I will make recommendations to facilitate and supplement online education in India.

Keywords: education, digital education, India, COVID-19, pandemic, right to education, fundamental right, digital divide, gender disparity

Suggested Citation

Chaturvedi, Aishwarya, Potential Violation of the Right to Education in India: Digital Education, Underprivileged Children & COVID-19 (February 10, 2022). Available at SSRN: https://ssrn.com/abstract=4031647 or http://dx.doi.org/10.2139/ssrn.4031647

Aishwarya Chaturvedi (Contact Author)

Cornell University, Law School ( email )

Ithaca, NY
United States

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