Repudiation of fundament right the State is under obligation to make compensation

for its failure to secure and uphold this fundamental right. As the court clearly
states in the case of D.K Basu v State of West Bengal1 that compensation has to be
made in case infringement or violation of fundamental right.

The claim for the compensation is not merely monetary compensation but it
include other valuable claim as to make something good or to make things
equivalent or to make amends for loss or recompense or remuneration for the
commission of wrong or omission to act in a certain manner. Further compensation
is a counter balancing of the victim suffering and loss that result from
victimization. Therefore in the instant petition the petitioner claim to compensation
in term of educational opportunities should be available towards the interest of the
panjamas from the State Govt. of Umsa.

1
AIR 1997 SC 610
2.1 Article 21 provide right to life which right to education form part and
parcel of this right to life as stipulated under Article 21A . Therefore it imposed an
obligation upon the State to provide free and compulsory education and the State is
duty bound to secure and uphold this fundamental right.

2.2 Further under Article 29 of the Indian Constitution provides

equality of opportunities in educational institution. Therefore curtailment of
opportunity to attend schooling or receive education of the panjamas in a nearby
school in Tila would be a direct infringement of right to dignified life.

2.3 The Right to education as held in the case of Mohini jain v State of
Karnataka2 wherein the Supreme Court observed that “Right to education is the
essence of the right to life and directly flow and interlinked with it, and life living
with dignity can only be assured when there is a significant role of education.”

Thus in the instant case denial the children to receive education is a direct
infringement of right to life. As right to life and dignity of individual cannot be
assured unless it is accompanied by the right to education.

2.4 In the case of Bandhua Mukti Morcha v Union of India3, the court
pointed out that the State is duty bound to provide educational opportunities and
facilities. Failing which result to violation of the fundamental right guaranteed
under Article 21 read with Article 21A.

2.5 Under the Right to Education Act 2009 provides that the opportunities and
facilities of education must be of quality education.

International Framework
2.6 The United Nations Universal Declaration of Human Rights, 1948
under Article 26 (2) states that education shall be directed to the full development
of the human personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and friendship
among all nations, racial or religious groups, and shall further the activities of the

2
(1992 AIR 1858, 1992 SCR (3) 658)
3
1984 AIR 802, 1984 SCR (2) 67
United Nations for the maintenance of peace together read with Article 13 of The
International Covenant on Economic, Social and Cultural Rights, 1966 which
provides:-

(1). The States Parties to the present Covenant recognise the right of everyone to
education. They agree that education shall be directed to the full development of
the human personality and the sense of its dignity, and shall strengthen the respect
for human rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the
maintenance of peace.

(2). The States Parties to the present Covenant recognise that, with a view to
achieving the full realisation of this right:

(a) Primary education shall be compulsory and available free to all;

2.7 Further the Convention on the Rights of the Child, 1989 under Article 28
stipulated that:-

(1). States Parties recognise the right of the child to education and with a view to
achieving this right progressively and on the basis of equal opportunity, they shall,
in particular:

a) Make primary education compulsory and available free to all;

The petitioner in the instant case has demanded the State Govt. of Umsa to
construct primary school in Silu but it denied such demand which result to
violation and non adherence to the International Covenant on Economic, Social
and Cultural Rights, 1966 and Convention on the Right of the Child.1989.

2.8 Furthermore under Article 29 of the International Covenant on

Economic, Social and Cultural Rights, 1966

1. States Parties agree that the education of the child shall be directed to:
(b) The development of respect for human rights and fundamental freedoms, and
for the principles enshrined in the Charter of the United Nations;

2.9 Even though India as well as Sardinia is not a party to the 1951 Refugee
Convention and its 1967 Protocol yet their Constitution respect the life, liberty and
dignity of every human being including refugees.

2.10 The Supreme Court of India in the National Human Rights

Commission v State of Arunachal Pradesh held that while all rights are available
to citizens, person including foreign citizens are entitled to the right to equality and
the right to life, including the right to received education which is part and parcel
of the right to life, among others.