Access to Justice for Child Rights Violations in School Education: Examining Third-Party Litigation Funding for Compensation Claims under the Right to Education Framework in India

The right to free and compulsory education finds its basis in Article 21A of the Constitution of India. This right would lose its meaning if the ancillary rights of the child against mental harassment and physical punishment in school education were not enforced, or their violation not compensated. Enforcing such rights through litigation, and ensuring that the child is adequately compensated for the violation of constitutional rights or under civil remedies in tort, requires substantial involvement of advocates. The research enquires into how the burden of litigation expenses, including court fees, lawyers’ fees and other costs incurred to obtain expert opinion and secure the presence of witnesses, would hinder the remedy of compensation for mental harassment and physical punishment of a child in the course of her schooling. It examines how the free legal aid guaranteed to underrepresented classes under the Legal Services Authorities Act, 1987, fails to provide an adequate remedy for this concern. The research asks whether third-party funding of litigation would resolve the constraints faced by the litigant representing the child in providing adequate funds for such litigation. In doing so, it evaluates the issues that would arise in allowing such a third-party funding mechanism in this litigation. The paper concludes by setting out possible actions that could bring third-party funding into reality in child rights litigation, and by suggesting how the issues identified could be avoided alongside its recognition.