Written by : Shreya Jain, B.B.A.LL.B (5th Year) , Lovely Professional University
The Supreme Court of India recently delivered a landmark ruling that underlined the importance of a girl's right to education and the obligations of parents to fulfill this right. This decision, which arose out of a marital dispute, underscored the fundamental principle that every child, regardless of gender, is entitled to quality education. The ruling marks a critical milestone in the furtherance of gender equality and reiterates the role that parents and society must play in fostering the ambitions of young girls.
Here, the parents are separated and do not contribute to her educational expenditure which resulted in going to the Supreme Court. From the judgment made by the court, it's very clear that the parents of children have the duties to educate the children up to their utmost possibility under their economic efficiency. The apex court in such a case just reinforces the principle wherein education is always considered to be an elementary or fundamental right guaranteed within the basic structure of Indian constitution.
Education as a Fundamental Right
Right to education is more than a legal right; it remains a foundation for progressive society building. It has been recognized as a right, under Article 21A of the Indian Constitution, which states that every child between the ages of six and fourteen should receive free and compulsory education. However, this judgment takes this framework a step further by stating that parents, irrespective of their individual differences, have a moral and fiscal obligation to ensure that their children get the best possible education.
This verdict highlights that the financial capacity of a parent cannot be ignored when determining their responsibility. If a parent demonstrates the ability to spend on other pursuits, they can be compelled to prioritize their child’s education over discretionary
expenses. The court further emphasized that daughters have an equal right to education, aligning with the constitutional vision of gender equality under Articles 14 and 15.
A Case Rooted in Justice
The case was a marital settlement in which the father had agreed to provide a large sum of money, with a significant portion allocated specifically for his daughter's educational needs. However, the daughter refused to accept the funds, which complicated matters. The court maintained that the financial obligation to support her education remains binding, reinforcing the principle that such rights are unalterable by personal disagreements or disputes.
The Supreme Court, under Article 142 of the Constitution, exercises the authority to pass orders in the interest of justice, which may not be within the four walls of the present law. This enabled the court to give a verdict that was applicable to the broader interest of the case while protecting the fundamental rights of the daughter.
Legal Protection of Daughters
India's legal system has come a long way in ensuring that the rights of daughters are protected, including the right to education. For example, the Hindu Succession Act, 1956, ensures that daughters have equal rights to inheritances, while the Prohibition of Child Marriage Act, 2006, seeks to prevent early marriages that often interfere with educational opportunities. In addition, the scheme of Beti Bachao Beti Padhao by the government is an initiative at a national level that promotes the education of girls and challenges the societal mindsets that undermine their potential.
Despite all this, societal pressure and deep-rooted patriarchal attitudes often disentitle girls from equal opportunities. The ruling of the Supreme Court reminds one that education is not a privilege but a fundamental right that has to be saved at all costs.
The Role of Education in Empowering Girls
Education is a transforming tool that equips girls to overcome social, economic, and cultural barriers. It gives them the skills and confidence to make informed decisions about their lives and careers. Educated girls are more likely to achieve financial independence, contribute to their communities, and drive societal progress.
For daughters, education is not just an academic pursuit but a pathway to equality. It ensures that they are not relegated to secondary roles within families or society. The recent judgment reiterates that denying education to a girl is not just an infringement of her legal rights but a grave social injustice.
Intersection of Education and Property Rights
The right to education also meets other legal rights, like the property rights available under the Hindu Succession Act. This act also gives equal shares of ancestral property to daughters. There is a general drift toward equity in distribution and sharing. These provisions help ensure that girls are educated but also well placed financially so they can follow their dreams without depending too much.
In one such example, if the father owns 10 bighas of ancestral lands, it is divided equally between his son and daughter so that there is balance for both. Such equitable consideration for property rights overall supports the greater vision of equality that education aims for.
Challenges in Ensuring Girls' Education
Despite progressive legal frameworks, many challenges persist. Girls in India often face barriers such as early marriage, societal expectations to prioritize household responsibilities, and limited access to schools in rural areas. These obstacles underscore the need for sustained advocacy and policy interventions to create an environment where girls can thrive academically.
Parents too are part of this system. The judgment brings home the powerful reminder that investing in a daughter's education is not just a legal responsibility but also a moral duty. Parents who put education ahead of social values and prejudices break the cycle of gender based imbalances.
Larger Implications of the Judgment
The Supreme Court judgment has a long-term implication for gender equality and justice in India. By holding parents responsible for their children's education, the court has set a precedent that strengthens the enforcement of fundamental rights. It also sends a strong message to society about the importance of investing in girls' futures.
Moreover, the resort to Article 142 reflects that the judiciary stands for justice to be delivered in cases where the prevailing laws are either inadequate or defective. This section is often described as the "heart of justice" because the Supreme Court uses it to bridge gaps in legislation and deliver judgments that uphold constitutional values.
Future Brighter End
The judgment resonates with India's wish to move towards a society that is inclusive and equitable. Not only does the education of girls bring a country closer to its demographic dividend, but healthy well-educated women also contribute to economic growth, public health, and social cohesion, thus creating a 'lever' effect beneficial to future generations.
This verdict also underlines the importance of further government initiatives like the Right to Education Act and the Beti Bachao Beti Padhao scheme to reduce systemic barriers in girls' education. Policymakers, educators, and civil society must come together to create an enabling environment where every child, regardless of gender, has access to quality education.
Conclusion
The landmark judgment by the Supreme Court is a reflection of the unrelenting commitment to gender equality and the protection of fundamental rights. The court has, through this judgment, reaffirmed that societal progress depends on the empowerment of women by emphasizing the obligation of parents to support their daughters' education. This judgment inspires us, as law students and future practitioners, to work for justice and equality in all spheres. It reminds us that the law is not only a dispute resolution tool but a mechanism to shape a more equitable and just society. Together, we can work towards making sure every girl in India gets to dream, learn, and succeed, paving the way for a brighter and more inclusive future.
https://www.downtoearth.org.in/governance/let-us-look-closer-at-norms-issued-by-supreme court-for-ending-child-marriage-in-india-and-its-missing-links
https://www.ndtv.com/india-news/parents-can-be-legally-compelled-to-pay-for-daughters education-top-court
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