The COVID-19 pandemic and the ensuing nationwide lockdowns has negatively affected almost every sector. Among them, Education sector has been the worst affected globally. Even before the pandemic hit, the world was already facing challenging circumstances in fulfilling the right to education as a basic human right.

The lockdown caused unprecedented infringement of the right to education of underprivileged and marginalised section of the children, as the outbreak compelled the educational institutions to shift the traditional learning to online learning as a new norm. This change in the mode of teaching had a different impact on different sections of the society. While the students with resources fared pretty well in adapting to the new norm, underprivileged students faced the problem of access to schooling due to lack of basic resources.

The school closures exaggerated the educational inequality, increased the dropout rate and unprecedently affects the social economic conditions of these students, ultimately having a negative impact on the future human resource vital for any nation's growth.

Sustainable Development Goal 4 enunciates the goal to provide quality basic education to every child. More specifically, it aims to "ensure inclusive and equitable quality education and promote lifelong learning opportunities for all."[1] The goal is now even harder to achieve due to lack of accessibility, acceptability, affordability and applicability of e-learning to millions of children in lower income nations like India. Thus, increasing the already existing digital divide. Although Constitutional provisions, Legislative programmes and policies and Judicial decisions promote and protects the Fundamental Right to education adequately on paper, there is growing need for better implementation of these interventions.

This paper analyses the impact of 'Online Education' on 'Right to Education' specially in context of underprivileged sections of the society and further attempts to understand how pandemic exacerbated the situation. It aims to bring to the fore issues related with online education like the lack of access to the internet and electronic gadgets which are the primary resource needed for online education. The paper also analyses the various initiatives taken by the government to alleviate these concerns. Accordingly, the paper makes recommendations to supplement these initiatives thereby buttressing the advance of  online education in India.

Right To Education In India

Most international treaties promote and mandate the state to provide free and compulsory education to children.[2] For instance, UDHR in Article 26[3] states that "everyone has the right to education, that education shall be free, at least in the elementary and fundamental stages". Further, Article 28[4] of the Convention on the Rights of the Child provides that "States Parties recognize the right of the child to education, they shall, in particular make primary education compulsory and available free to all."

Additionally, International Convention on the Elimination of All Forms of Racial Discrimination in Article 5(v)[5] states that "everyone shall have the right to education and training without discrimination." Similarly, Article 13[6] of ICESR provides that "primary education shall be compulsory and available free to all" and Article 14[7] creates an obligation on each state party that has not been able to secure free and compulsory primary education to create a detailed plan of action for the progressive implementation.

In addition to the international treaties discussed hereinabove, the Constitution of India also provides for free and compulsory education for children. It is relevant to mention here that even before the Constitution recognised the right to education as a fundamental right, it recognised the same as one of the duties of the State under the Directive Principles. Article 41[8] provides that "The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved wants." Further, Article 45[9] specifically provides for free and compulsory education for children. It states that "the State shall endeavour to provide, free and compulsory education for all children until they complete the age of fourteen years."

Interestingly, even before the right to education was introduced as a separate fundamental right, the Hon'ble Supreme Court of India read the right to education as a fundamental right encompassed in Article 21[10]. Therefore, the apex court always acknowledged that the right to education was a justifiable fundamental right. The Hon'ble Supreme Court of India in Mohini Jain v. State of Karnataka[11] stated that that the right to life also includes the right to education.  Thereafter, a year later in Unni Krishnan v. State of Andhra Pradesh[12], the Hon'ble Supreme Court ruled that the right to life loses its significance without education. The court emphasized that Article 45[13] must be a reality.

Subsequently, the Constitution of India was amended in the year 2002 by 86th Constitution Amendment Act and Article 21A[14] was introduced which makes it incumbent upon the State to provide free and compulsory education to all children of the age six to fourteen years. It is pertinent to note here that Article 21A officially introduced the right to education as a justiciable fundamental right in India.

Thereafter, in the year 2009, the Right of Children to Free and Compulsory Education (RTE) Act, was introduced. This legislation casts a legal obligation on the central and state governments to ensure that the fundamental right enshrined under Article 21A[15] is protected. It provides for compulsory education for children of the age six to fourteen years. Interestingly, Section 8(a)[16] defines "compulsory education" as an obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance, and completion of elementary education. Thus, the Act does not restrict the State's duty to merely offer free and compulsory but also requires it to implement the same and make right to education a reality. The courts also enforced Article 21A[17] and provisions of the RTE Act on multiple occasion.

The introduction of Article 21A[18] and the RTE Act did help in increasing public awareness about the right to education and its enforceability. However, the National Sample Survey of Estimation of Out of School Children report submitted to the Ministry of Human Resource Development in 2014 revealed that 45 million children were still out of school.[19] It is pertinent to note that these numbers only indicate the "out of school" children and do not take into account the drop-outs. Thus, the situation in this regard remained grave in India and the same has potentially worsened due to COVID-19.

Digital Divide In India

Digital divide denotes the gap between those with access to digital and information technology, and those without it. It comprises both physical access to technology hardware and, technological skills and resources which allow for its use. According to William M. Daley,  "Digital Divide refers to the gap between those who do not and those who do have access to computers and the internet."[20] It indicated the gap between those who have access to ICTs and the skills and knowledge to use them effectively, and those who may or may not have access.

Now a days the educational dissimilarities and technical skills indicates the digital divide.  The factors such as age, gender and financial capacity becomes obstacle to use the technology and in this paper's context, access to education. The digital divide includes amongst rich and poor, urban and rural, majority and minority, male and female, accessible and remote areas that latter category among the given groups being underprivileged. To mitigate the digital divide gap amongst above government of Centre and State launched many projects, schemes and programmes.

Literacy Rates in India

At the time of India's independence in the year 1947, literacy rate in India was as low as 16.7%.  Nearly 64 years later, Census of India in 2011 ascertained average literacy rate to be 73% and National Statistical Commission surveyed literacy to be 77.7% in 2017-18. According to this survey, literacy rate in urban areas was 87.7%, higher than rural areas with 73.5%. Further, there was found to be gender disparity in the literacy rates and effective literacy rates (age 7 and above) were 84.7% for men and 70.3% for women.

These numbers suggest that India progressed considerably since independence. In a patriarchal society where the role of women was restricted to marriage and reproduction, literacy rate of 70.3% marked tremendous progress until COVID-19 pandemic hit the world.

COVID-19 pandemic and school closures

The COVID-19 pandemic disrupted all aspects of human life and probably the worst hit is the fundamental right to education. Safety issues due to the COVID-19 pandemic and the subsequent school closures potentially threatened this fundamental right. Thus, it seemed most feasible for the decision makers to ensure access to education through digital means. Unfortunately, other alternate modes of education such as private tutors, television, radio, self-study packs were either not available to children in underserved areas or there was lack of awareness about the same.

The intent was sanguine but sudden move from traditional pen-paper mode of learning to learning through video lectures was not easy, neither it was, the author humbly contends, implemented in a proper manner, leading to filtering out of students from underprivileged sections of the society due to lack of basic resources needed to access video lectures.

According to UNESCO, the nationwide school closure due to nationwide lockdowns in India affected 320 million children enrolled from pre-primary to tertiary levels of education. It is estimated that out of these 320 million, about 158 million are female students.[21]

Safety issues due to the COVID-19 pandemic and the subsequent school closures potentially threatened this fundamental right. Thus, it seemed most feasible for the decision makers to ensure access to education through digital means. Unfortunately, other alternate modes of education such as private tutors, television, radio, self-study packs were either not available to children in underserved areas or there was lack of  awareness about the same. However, before delving into these issues, it is necessary to understand what digital initiatives were already in place before the COVID-19 pandemic.

Access To Internet As A Fundamental Right

In 2016, the Human Rights Council of the United Nations declared that it considers access to the internet to be a basic human right.[22] This declaration emphasized that access to information on the internet provides immense opportunities for affordable and inclusive education globally, therefore, it is an important tool to aid the promotion of the right to education, and also stressed on the need to address digital literacy and the digital divide, as it affects the enjoyment of the right to education. It was categorically specified that this applies to women, girls, and those heavily impacted by the digital divide.[23]

Subsequently. the Hon'ble High Court of Kerala, in Faheema Shirin RK v. State of Kerala & Ors.[24], went on to declare that the right to have access to the internet is an integral part of the right to education under Article 21[25]. Thereafter, in January 2020 came the landmark judgment of Anuradha Bhasin v. Union of India[26] wherein the Supreme Court held that access to the internet is a fundamental right under Article 19[27].

Despite these rulings and digital initiatives undertaken by the government of India, a few students in India still don't have access to the internet. Majority of these students belong to the underprivileged sections and those who live in rural areas. Having an internet connection with speed enough to attend online classes is still a distant dream for many students, thereby putting them at a disadvantaged position compared to those who live in urban areas and have resources and skillset to effectively attend online classes.

Impact Of Digital Divide

Already existing digital divide gap in India has exacerbated due to COVID crisis. It impacts on poor, rural, & remote area children i.e. underprivileged section of the society. The pandemic had different impact on different sections of children. It had worsened the existing inequalities while creating new one. The issues of child labour, child marriage, criminal activities will increase with the dropout rate of children who lack the internet infrastructure and facilities. The digital divide and prevailing situation with the underprivileged section had its own social and economic implications.

Learning inequality:

Learning inequality already exist among low and middle income class. With the advent of online education, these inequalities have further widened the gap. Student belonging to the affluent sections of the societies have the resources both physical and mental to tackle the issues with online education. They can provide their children with the necessary gadgets and broadband connections to attend online classes.

Gender inequality:

The poor parent sometimes has to make a heart wrenching choice between educating their son or educating their daughter because of dearth of resources. They often choose son over girl to educate. Thus, girl's dropout rate will likely to increase because of online education. This again exacerbate the problem of gender inequality.

Economic inequality:
The closure during pandemic widens the economic inequalities due to loss of job and work by the poor parent, it directly impacts on the education of the underprivileged children. Lucid impacts would be seen in the long run.

Online Education And Under privileged Children
When the COVID-19 pandemic hit the world, India was not equipped to continue education only through digital means and it needed creation and awareness of alternate modes of education. Lack of resources, skill, access to the internet and alternate modes of education threatened the fundament right to education in India. Education only through digital means  potentially violates the fundamental right to education.

Online education is not a very feasible option as it has the potential to widen the economic divide. For online education to become a reality in India it is necessary to address the digital and economic divide and ensure that internet services and electronic gadgets are made available to every underprivileged child. Infrastructure and connectivity required to support digital education must reach the remotest and poorest areas. Access to the internet should no longer be a luxury.

Given the current digital divide and lack of access to the internet, education only through digital means potentially violates a child's fundamental right to receive an education. The Supreme Court has declared that access to the internet is a fundamental right under Article 19[28] of the Constitution. Thus, lack of access to the internet in under-served areas potentially violates the fundamental right of such people under Article 19[29]. Further, as discussed above, Indian courts have declared on more than occasion that the right to education is protected as a fundamental right to life and personal liberty under Article 21[30].

Article 21A[31] independently provides for a fundamental right to children of age six to fourteen years to receive free and compulsory education. India still struggles to ensure 100% enrolment in normal regular schools which are accessible and mostly affordable for all children of six to fourteen years. Now, online education is accessible only to those children who have access to the internet and electronic gadgets such as smartphone, laptop etc.

Children in underserved areas or underprivileged children do not usually have either let alone both internet access and electronic gadgets. It is a big financial expense for such households to buy an internet plan and an electronic gadget and thus rendering education to be expensive and optional instead of free and compulsory.

Therefore, digital education potentially violates the fundamental rights guaranteed under Article 19[32], Article 21[33], and 21A[34] of the Constitution of India. Additionally, digital education is in violation of the spirit of the RTE Act. Free education under Section 3[35], implies that no child shall be liable to pay any kind of fees or charges or expenses that may prevent them from pursuing and completing elementary education. Section 8[36] comprising the term "compulsory education" makes it mandatory for the central or state government, to provide and guarantee compulsory elementary education to every child of the age of six to fourteen.

Online education casts an undue burden on underprivileged households to incur heavy expenses to continue the education of their children. Most importantly, in the current scenario it seems to absolve the State from its duty to provide free and compulsory education. It appears that the State has put the entire onus of arranging for the internet and electronic gadgets on individuals which is not what the RTE or the Constitution envisioned or intended.

The COVID-19 pandemic has shown that such model of education often compels underprivileged households to reconsider education altogether. Even if some of these households decide to invest in the education of their children, they fail to facilitate such access and privilege to all children of the household where there is more than one, which usually is the case. Thus, such model of education appears to be exclusionary in nature, if not supplemented by alternate modes of education.

Dealing With Challenges:

• All the socio-economic sectors have faced tremendous challenges, including the education sector. The pandemic further aggravated the problem of the digital divide and ultimately affected the Right to Education of disadvantaged, marginalized, and deprived children in India.
• The Government of India, Ministry of Human Resource and Development (MHRD), and University Grants Commission (UGC) launched various programmes, schemes, and projects to eliminate the digital divide in India. Some of them include:
  • Bharat Net Program
  • National Digital Literacy Mission
  • DIKSHA
  • e-Pathshala
  • Swayam
  • Swayam Prabha
• Despite the rise in the number of wireless subscribers in India over the past few years, the digital divide still exists. According to the Telecom Regulatory Authority of India (TRAI), the country had over 1,141.53 million wireless subscribers in February 2022. However, this growth only indicates an increase in basic telecommunication facilities.
• Services such as online classrooms, financial transactions, and e-governance require access to the internet and the ability to operate internet-enabled devices like phones, tablets, and computers. The urban-rural distinction is stark:
  • According to the 75th round of the National Sample Survey, only 4.4% of rural households have a computer, compared to 14.4% in urban areas.
  • Only 14.9% of rural households have internet access, compared to 42% in urban areas.
• There is also a gender divide:
  • According to the Mobile Gender Gap Report, 79% of men own a mobile phone in India, while only 63% of women do.
• Despite these policies, results are not satisfactory, and there is room for improvement. Strengthening rural digital infrastructure is necessary.
• Empirical data suggests that online education has severe long-lasting impacts on students. While in-person education is the most effective for underprivileged children, hybrid modes of education must be strengthened.

Recommendations:

• Alternate Modes of Education:
  • The PM eVIDYA program, which implements the 'One Class One Channel' initiative, must be promoted in underserved areas.
  • The initiative dedicates twelve DTH free-to-air television channels to conduct classes, one for each class from 1 to 12.
  • Awareness campaigns are necessary to ensure underprivileged households know about such television-based education.
• Early Computer Education:
  • In most schools serving underprivileged children, computer education is not introduced until the fifth grade.
  • Government and private schools should make computer training compulsory in elementary school so that students become familiar with technology at an early age.
• Special Incentives for Female Children:
  • India has achieved a literacy rate of 70.3% among females after years of effort.
  • To prevent setbacks due to the pandemic, incentives for underprivileged girls should be introduced, such as:
    • Waiver of school fees for one academic year
    • Supply of free learning materials
    • Scholarships

Additionally, school teachers and authorities should be instructed to maintain constant communication with female students and their families to ensure that they do not drop out of school.
 
Conclusion And Suggestions:
Online education is a potential threat to the fundamental right to education. While online education might be the way forward, without adequate skills and resources, it is not feasible in a country like India in the present times. Online education can supplement regular in-person formal education but cannot replace it. There is an urgent need to take some immediate actions to prevent the long-term effect of online education. Some other solutions fit to situations are:

• Government should amend the Right to Education Act and Article 21A to add new provisions related to accessibility and affordability of ICT and digital devices and should include Pre-Primary and Secondary education to all, thereby broadening the scope of Right to Education.
• Wealthy corporate sectors should take initiative in such situations to provide online technologies and devices to underprivileged private and public schools as a corporate social responsibility.
• Government should address the issue of the digital divide on a priority basis by emphasizing the successful implementation of the 'Bharat Net Project', to provide free internet and digital tools to deprived students, ensuring no one is left behind in receiving full-term education.
• Government should make specific provisions with incentives for girl children as they belong to the most deprived section of society generally, and in such crises particularly.
• Government and private sectors should work cooperatively by financing digital infrastructure and digital literacy.

As the pandemic has caused a huge loss to the education of children, the government should come forward with suitable policies and plans to build an inclusive and effective education system, ensuring the Right to Education for all without discrimination. Access to digital technology is the need of the hour in this information era. The government of India must take moral responsibility to provide every child with education during this crisis period, ensuring no one lags behind. A dropout can make it difficult for a child to return to education, impacting the overall development of Indian citizens and ultimately the Nation. Bibliography:

• Manash Pratim Goswami, Jyoti Thanvi, Soubhagya Ranjan Padhi, "Impact of Online Learning in India", ASIAN JOURNAL FOR PUBLIC OPINION RESEARCH, Vol. 9 No. 4 2021.
• Piyush Joshi and Dr. Shweta Dewagan, "Impact And Development Of Online Education (E-Learning) In India", JOURNAL OF CONTEMPORARY ISSUES IN BUSINESS AND GOVERNMENT, Vol. 27 No. 1 2021.
• Sumitra Pokhrel and Roshan Chhetri, "A Literature Review on Impact of COVID-19 Pandemic on Teaching and Learning", SAGE JOURNALS, Vol. 8 No. 1 2021.
• Deepika Nambiar, "The impact of online learning during COVID-19: students' and teachers' perspective", THE INTERNATIONAL JOURNAL OF INDIAN PSYCHOLOGY, Vol. 8 No. 2 2020.
• Ahmad Showkat and Ahmad Nasser, "Impact of Covid 19 on Education in India", ART HISTORY, Vol. 26 No. 2 2021.
• Shivangi Dhawan, "Online Learning: A Panacea in the Time of COVID-19 Crisis", SAGE Journals, Vol. 49 No. 1 2020.
• Ram Gopal, Varsha Singh and Arun Aggarwal, "Impact of online classes on the satisfaction and performance of students during the pandemic period of COVID-19", Education and Information Technologies.

Webliography:

• https://www.vu.edu.au/sites/default/files/submission-government-impact-learning-from-home.pdf
• https://www.nature.com/articles/d41586-020-02709-3
• https://theprint.in/india/education/how-indias-poor-students-are-falling-through-the-gaps-as-schools-go-digital/467173/
• https://www.frontiersin.org/articles/10.3389/feduc.2021.638470/full
• https://www.indiatoday.in/education-today/news/story/online-schooling-poor-children-no-smartphone-or-internet-left-high-and-dry-1700490-2020-07-14
• https://www.adoptaclassroom.org/2020/06/23/effects-of-poverty-on-education-during-distance-learning/

End Notes:

1. United Nations Department Of Economic And Social Affairs, SDG 4, Https://Sdgs.Un.Org/Goals/Goal4, (Visited On May 4, 2022)
2. Florian Matthey And Prakash, "The Right To Education In India: The Importance Of Enforceability Of A Fundamental Right", Oxford University Press, 2019, P. 128.
3. Article 26, Universal Declaration Of Human Rights.
4. Article 28, Convention On The Rights Of The Child.
5. Article 5(V), Convention On The Elimination Of All Forms Of Racial Discrimination.
6. Article 13(2)(A), International Covenant On Economic, Social And Cultural Rights.
7. Article 14, International Covenant On Economic, Social And Cultural Rights.
8. Article 41, The Constitution Of India.
9. Article 45, The Constitution Of India.
10. Article 21, The Constitution Of India.
11. Mohini Jain V. State Of Karnataka Manu /Sc /0357 /1992.
12. Unni Krishnan V. State Of Andhra Pradesh, Manu/Sc/0333/1993.
13. Supra N. 9.
14. Article 21A, The Constitution Of India.
15. Ibid.
16. Section 8(A), Right To Education Act, 2009.
17. Supra N. 13.
18. Supra N. 13.
19. Sushmita Mitra, Still Too Many Children Out Of School, Https://Www.Thehindu.Com/Opinion/Op-Ed/Still-Too-Many-Children-Out-Of-School/Article62111134.Ece, (Visited On May 02, 2022).
20. William M. Daley, Falling Through The Net: Defining The Digital Divide, Https://Www.Ntia.Doc.Gov/Legacy/Ntiahome/Fttn99/Contents.Html, (Visited On May 2, 2022)
21. Shruti Jain, Gender Dimensions Of School Closures In India During Covid19: LESSONS FROM EBOLA, https://www.orfonline.org/expert-speak/gender-dimensions-of-school-closures-in-india-during-covid19-lessons-from-ebola-66643/, (Visited on May 1, 2022).
22. Article 19, Universal Declaration of Human Rights.
23. Kyle McKenney, THE UN DECLARES INTERNET ACCESS A BASIC HUMAN RIGHT, https://www.pastemagazine.com/tech/the-un-declares-internet-access-a-basic-human-righ./ (Visited on May 1, 2022)
24. Faheema Shirin RK v. State of Kerala & Ors WP(C).No.19716 OF 2019(L).
25. Supra n.10.
26. Anuradha Bhasin v. Union of India, AIR 2020 SC 1308.
27. Article 19, the Constitution of India.
28. Supra n. 27.
29. Ibid.
30. Supra n. 10.
31. Supra n. 14.
32. Supra n. 27.
33. Supra n. 10.
34. Supra n. 14.
35. Section 3, Right to Education Act, 2009.
36. Section 8, Right to Education Act, 2009.
37. Department of School Education & Literacy, India Report Digital Education, https://www.education.gov.in/sites/upload_files/mhrd/files/India_Report_Digital_Education_0.pdf (Visited on May 1, 2022).
38. Telecom Regulatory Authority Of India, Telecom Subscriptions Reports, https://www.trai.gov.in/sites/default/files/PR_No.23of2022.pdf (Visited on May 3, 2022).
39. National Statistical Office, Household Social Consumption On Education In India https://pib.gov.in/Pressreleaseshare.aspx?PRID=1593251 (Visited on May 1, 2022).
40. GSMA, THE MOBILE GENDER GAP REPORT 2020-25, https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2020/05/GSMA-The-Mobile-Gender-Gap-Report-2020.pdf, (Visited on May 4, 2022).
41. Kritika Sharma, PM eVIDYA, https://theprint.in/india/education/pm-evidya-to-boost-digital-educationpart-of-modi-govts-final-tranche-of-covid-package/423487/ (Visited on May 1, 2022)
42. Supra n. 14.