Purpose: The purpose behind this research work is to distinguish “the right to education” as a statutory right from “the access to education” as a socio-political reality. This distinction is analysed in the context of Covid-19 and its impact upon the education system in India. The research work throws light upon the digital divide in India and the drastic repercussions on economically underprivileged households.
Methodology: The methodology adopted for this research work is documentary literature review. It is exploratory as well as suggestive of the changes in the status quo. This study involves research and analysis based upon primary sources like statutes, national and international instruments, survey reports and
judgments delivered by the Courts studied through case analysis.
Findings: The findings of this study indicate discriminatory impact of digitalization in education sector. The current policy used by the Indian government lacks implementation is premature in its application and doesn’t take in account all of its stakeholders. The digitalization policy also presupposes certain financial capacity and digital adaptability for every individual which is impossible for those who do not have the financial or technological means to benefit from it.
Originality: The topic is original in its treatment as it does not merely discuss the existence of a right but it evaluates the flexibility of that right in situations of unprecedented emergencies such as the Covid-19 pandemic.
Keywords: education, COVID 19, digital, economy, access