Children are supremely important national assets, they are free and equal in dignity and their basic fundamental human rights i.e. Right to free and compulsory education of every child is clearly a human right and should be protected by letter and spirit of the Constitution of India. Education is important as it enables the child. ’Right to development of child’ is a fundamental human right and it has to be properly recognized, protected and guaranteed by law. It is the duty of states to promote and protects human rights and fundamental freedoms of their population irrespective of their political, economic, cultural systems. Right to education which gives children, special protection and makes them free from their problems. Right to free and compulsory education is the need of the hour and it has to be reformulated in precise manner. Education has now been recognized as a human right and an instrument of social change. The realization of the right to development of the every human being and nation is impossible without the recognition of the right to education in theory and practice precisely.