Page 142 - Constitution
P. 142

70       Years of Indian                                                                                                                                             Years of Indian

                                                                                                                                                                                                                                    Constitution
                                                                        Constitution




                circumscribed by the limits of the economic capacity                     In addition, the launch of the Aarogya Setu App
                of the State and its development’.    10                                 is a significant advancement of the government

                   Mohini  Jain  Vs.  State  of  Karnataka  &  Ors.                      in these challenging times. The app collects
                (MANU/SC/0357/1992)  is  amongst  the  first  cases                      data from the user about their health and uses it
                where the Supreme Court of India held the Right to                       to keep track of their movement and health
                Education  to be a Fundamental  Right; stating that

                “right to education”, therefore, is concomitant to the               has witnessed caged children who could not go out
                fundamental  rights  enshrined  under  Part  III  of  the            to play games also. Non availability of smart phones
                Constitution.  The State is under  a Constitutional                  internet connectivity for content consumption is
                mandate  to provide  educational  institutions  at all               another problem.

                levels for the benefit of the citizens.                                 Reflecting  on  the  'Right  to  Food'  element,  state
                   From 1 April 2010, Right to Education was read                    governments  have, time and again,  ensured  the
                into the Constitution of India as a fundamental right                constant availability of food stocks to ration shops.
                available  to all children in age group 6-14 years.                  However, these measures have become impractical

                Article 21(A) of the Constitution of India requires                  in the current situation, as reports show that many
                every State to provide free and compulsory education                 poor people in various states are struggling to get
                to such children in a manner as the State, by Law,                   food, and migrants who do not have a BPL card are
                may determine.                                                       considered  to be ineligible  to buy food grain from

                   The Corona pandemic and the resultant disruption                  ration shops.
                has had a major impact on the right to education.                        In addition, the launch of the Aarogya Setu App
                Schools  have  remained  closed  with children                       is  a  significant  advancement  of  the  government  in
                compelled  to be indoors. Online  education  has                     these challenging times. The app collects data from

                added a new dimension to the economic divide but                     the user about their health and uses it to keep track of
                at the same time, it has created a different problem                 their movement and health. This helps the community
                in  terms  of  cyber  security.  Poor  people  could  not            to be vigilant and informed about their surroundings,
                afford the apparatus  to facilitate online  education                thus alerting the user if they have come into contact

                even if it is available. As a result, the whole nation               with a positive Covid-19 patient.









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