On whom does ‘compulsion’ lie?
As per Section 8 (explanation) (1) and (2), the state is compelled to provide free education and ensure compulsory admission, attendance and completion of elementary education. The implication is that if a child in the age group 6-14 is working at a tea shop, agricultural field and so on, cooking at home or simply wandering around when the school is functioning the government is violating his/her fundamental right. It is the government that must ensure that all children are attending, and complete elementary education. This has immediate impact on child labour. If the child is engaged in child labour and is not in school, it is the government now that is in violation of law. Consequently, the Child Labour Act 1986 is no more in coherence with this Act and there is already pressure building on the Labour Ministry to review and amend the 1986 Act to bring it in harmony with the Right to Education Act.