Safeguarding the Right to Education in India: A Legal Framework amidst Covid-19 Pandemic

  • Syed Wajid Ul Zafar and Dr. Aneeda Jan
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  • Syed Wajid Ul Zafar

    Research Scholar (PHD Scholar) at School of Law University of Kashmir, India

  • Dr. Aneeda Jan

    Assistant Professor at DDE, University of Kashmir, India

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The right to education is a fundamental human right enshrined in various international conventions and domestic laws, including the Indian Constitution. However, the COVID-19 pandemic has exacerbated existing disparities in accessing quality education, especially in a country as diverse and populous as India. This paper seeks to examine the legal framework surrounding the right to education in India and its adequacy in addressing challenges posed by pandemics. Employing a doctrinal research approach, this study analyses relevant constitutional provisions, statutory laws such as the Right of Children to Free and Compulsory Education Act, 2009, and judicial decisions to assess their efficacy in safeguarding educational rights during public health crises. Additionally, this paper explores the role of government policies and initiatives in ensuring continuity of education during pandemics, while also considering the impact on marginalized communities and vulnerable groups. By critically evaluating the existing legal framework, this research aims to propose recommendations for enhancing the resilience of India's education system in the face of future health emergencies, thereby advancing the realization of the right to education for all citizens.




International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 145 - 156


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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