Which is more important - Right to life or Right to education?

Arvind Ghildiyal *

I feel nostalgic at the end of my one and half year stint in Manipur valley while serving with elite Border Security Force. While I was apprehensive at the time of my posting and joining at Manipur as little is known about this beautiful place outside the State borders except for some talented sportsmen or "Rass Lilla Dance".

The common view among citizens and even Force personnel outside Manipur is that the State is in doldrums, population is hostile to outsiders and there is total anarchy in the State. However, having spent some beautiful days of my service life in this serene valley, the myths about the place were erased.

After leaving this valley, I will fondly cherish the memories of time spent here. More so this place has importance in my life as my elder daughter took first step towards formal education in prestigious "Maria Montessori School" and I was blessed with second daughter at "CMC Hospital", both located at Koirengei.

The most unfortunate fall out of incident of 23rd July '2009 at BT Road, Imphal was closure of schools and educational centres since 09th Sept '2009 which continues till date with no solution in sight. It is depressing that the political and ideological agenda of State and non-State actors is having direct influence on the lives of next generation which was so far aloof from the mundane happenings in Manipur.

I wonder what impression and influence will be on minds of young children over closure of schools. I got a feel of it when few days back I felt baffled over some simple questions raised by my elder daughter over the issue. She innocently asked "Dad when our holidays will be over and when schools will open".

My wife interjected "Curse to UGs and their supporters who have enforced closure of schools and have not even spared children from their designs. Last year same time they were indulging in kidnapping children for joining their ranks and now they have chosen to bring down curtains on the future of these innocent souls. God save this beautiful valley".

My daughter directed another salvo "Papa who is UG ?" I after some deliberations thoughtfully replied "Beta they are called undergrounds and they fight against Government to achieve independence". She retorted "Are they not free ? Who has locked them ? Why they do not want schools ? If they are in captivity, how they closed schools ?". I had no answer to these difficult questions posed so simply.

The proponents of closure of schools and education centres argue that "Right to life is more important than right to education". Unless right to life is guaranteed, there is no point in educating children. It reflects not only the shrunken mindset of champions of this cause but also speak poorly of the knowledge about Human Rights available to them.

In the present difficult times when nothing is safe despite best of security available, no Government can guarantee the basic Human Right of "Right to Life". Attack on World Trade Centre in America, Indian parliament in Delhi, Public places in Mumbai and other similar incidents are a testimony to this fact.

All sections of society be it the creamy class or the deprive lot are affected in these troubled times. Wherever there is human existence, good and bad human values are bound to exist. There will always be an adverse fall out of insurgency, militancy, terrorism, extremism, racialism, communalism, regionalism, castism etc, however good and justified cause may be behind it.

There will always be innocent lives lost between two armed factions, be it by legally installed Government or by self justified armed groups. This is the price society has to pay for its faultliness. Today Manipur is mourning Sanjit and pregnant Rabina who lost their lives but at what cost? Is future of children of this state is redundant over the two lives lost? Can Manipur afford to sacrifice its next generation over the past historic blunders?

Having seen almost all seven States of Northeastern region of India, I can forcefully say that as on date Manipur is minimum 10 years behind the other States and continues be so. The second issue is who is paying the price? Today the affluent class of Manipur has their villas at metro and cosmopolitian cities across India with their children studying in international schools and only the commoners are suffering in the State with their daily lives.

Now let us ponder over the legality of the issue. Article 21 of Constitution of India guarantees the most important right : the right to life. As Justice Field of the US Supreme Court once said: By the 'life' something more is meant than mere animal existence. The deprivation not only of life but of whatever God has given to everyone with life, for its growth and enjoyment, is prohibited by the provision in question if its efficacy be not frittered away by judicial decision.

The Supreme Court of India upheld the above observation in the case of Kharak Singh vs. State of UP. The Supreme Court held that the word "life" as it occurs in 5th and 14th Amendments of the U.S. Constitution corresponds to Article 21 of the Indian Constitution. It means not only continuance of person's animal existence, but a right to the possession of each of his organs, his arms, legs, etc. it may, therefore, be safely assumed that the word 'life' does not mean animal or physical existence.

"Right to life" as given in Article 21 would mean right to decent life, life with human dignity, otherwise, there is nothing to guarantee. Right to life would include the following rights ....... Basic necessities of life and life with human dignity.

Life is worth living only when a person has access to the basic necessities of life. How can a person be said to have right to life when he cannot be assured basic necessities like education which are vital to his very existence ? This has been upheld by the Supreme Court in the case of Francis Mullin, where it was said that right to life would include the right to basic necessities of life and also the right to carry on such functions and activities as constitute the bare minimum expression of the human-self. Life means to live with human dignity.

It is no use living as wretched life where human dignity is an abyss. The bare necessities of life include adequate nutrition, clothing, shelter and facilities for reading, writing and expressing oneself in diverse forms freely moving about, mixing and co-mingling with fellow human beings.

It was further observed that any act which offends or impairs human dignity would constitute deprivation of this right to life unless it is done by reasonable, fair and just procedure established by law which stands the test of other fundamental rights.

Literacy means enlightenment and awareness. Education develops human personality, understandings, tolerance and comradeship. In India, there is no fundamental right to education but its importance has been recognized in Article 41 of the Directive Principles of State Policy. It promises that the State shall make effective efforts to secure to its citizens the right to education. The State is further obliged to endeavour to provide free and compulsory education to children up to the age of 14 years.

Manipur has a distinction of being educational hub having some of the finest schools of national repute. The call and coercion exercised to boycott schools and education centres by some of the so-called student and people associations over their political agenda not only amounts to holding state on ransom but also endangers the reputation of state in national arena.

Denying education to students is infringement of their "Right to life" and is against the human values. It is now upto the people of State to reason as to whether this call given by students and people's bodies is justified or otherwise.

In the twilight of my service tenure in Manipur I pray to Almighty to give wisdom to the people not to deprive children of their childhood and not to sacrifice future of next generation over the past and present happenings. Let these flowers bloom uninhibited.