The right to free and compulsory elementary education in India and positive schooling in the context of the right against sexual exploitation

Abstract

The Right to Education for children between the ages of six to fourteen has been declared as a fundamental right under the Constitution of India. This has been translated into a legal right by virtue of the Right of Children to Free and Compulsory Education Act 2009 (called in short, the Right to Education Act or RTE). With the promulgation of the Protection of Children against Sexual Offences Act, 2012, increased sexual exploitation of children in Indian schools is being reported. This chapter discusses the main highlights of the Right to Education Act, and the relevant literature regarding sexual exploitation of children in schools. The necessity for further measures to ensure positive schooling free from sexual exploitation of children is highlighted in this chapter.