Legal Rights of Student in India: Rights and Laws Every Student Should Know
Here are the Constitutional rights of students in India, including, right to education, the right to quality, the right to information, the right to freedom of speech and expression, and much more.
As an Indian citizen, most of us are more or less aware of our rights and duties towards the nation but, do we know what are the constitutional rights of Indian students? Indian law has not defined any statutory meaning of the term ‘student’. All the legal rights available to a citizen of India are available to students in general which makes it challenging for a student in India to exercise their rights in a proper way.
According to Prasouk Jain and Apurv Chandola from LPJ & Partners, the word student has not yet been statutorily defined and there is also a lack of any codified law for Student rights in India which makes it difficult for students today to exert their rights in a systematic manner.
They share," Laws focusing on the needs of students is a much-needed exercise to be conducted by the Government to avoid biases in academics, sports, and other spheres. Codified laws could further help protect them from the arbitrary action of institutions, individuals, or the state. While the same is under process, awareness is the key for a student to protect his or her rights and we hope that this article helps give an insight into some of their basic rights”.
- Constitutional Rights for Students in India
- Right to Information
- Right to Equality
- Right to Education
Constitutional Rights for Students in India
The Fundamental Rights of Indian students are as under:
Right to Freedom of Speech and Expression
In a petition filed by a student of Law, the Supreme Court laid down the importance of freedom of speech and expression both from the point of view of the liberty of the individual and from point of view of the democratic form of our government. The Supreme Court held that freedom of speech and expression of opinion is of paramount importance under a democratic constitution which envisages changes in the composition of legislatures and governments and must be preserved.
Why is it Important for Students in India?
The Fundamental Right to Freedom of Speech and Expression was highlighted in 2015 when Shreya Singhal filed a petition against the Union of India 2015 (5) SCC 1 in 2012. The final verdict came after five years of filing the petition. It was a landmark case as it eliminated section 66 (A) of the Information Technology Act, 2000 that put restrictions on the online speech of citizens.
Right to Information
While permitting the examinees to inspect their answer books, Supreme Court held that the right to information is a facet of the freedom of “speech and expression” as contained in Article 19(1)(a) of the Constitution of India and such a right is subject to reasonable restriction in the interest and security of the State and to exemptions and exceptions.
Why is it Important for Students in India?
The fundamental right to information came to light with CBSE and Anr vs Aditya Bandopadhyay and Ors. 2011 (8) SCC 497, wherein the right of students seeking answer sheets and verification of marks were violated. The Supreme Court of India in 2011 announced that the Answer-Sheets of any exam come under RTI Act, 2005. CBSE, the examination authority at the time was charging the candidates of JEE Main, NEET, and CBSE-UGC NET charged a hefty fee of around Rs 1000 for 'answer sheets and verification of mark'. After the order was passed, students seeking their answer sheet have to pay Rs 10 as the application fee and, Rs 2 for its copies. Whereas, for students belonging to the Below-Poverty Line category, no fee was charged.
Right to Equality
While laying down the principles to be followed by educational institutions during admissions, the Supreme Court laid down that if there is a violation of the right to equality and equal treatment to the competing candidates, it would be completely just and fair to provide exceptional reliefs to the candidate under such circumstances alone.
Why is it Important for students in India?
The right to equality was highlighted with Chandigarh Administration & Anr. Vs Jasmine Kaur & Ors 2014 (10) SCC 521, where Jasmine Kaur, holding a Canadian Citizenship challenged the validity of the definition of 'Non-Resident Indian' as she faced trouble securing admission pertaining to some eligibility criteria of a BDS Course in Dr. Harvansh Singh Judge Institute of Dental Science, Chandigarh. The single judge panel passed an order stating Jasleen is already qualified for admission, and hence, without wasting a year, she should be given a seat in the course.
Right to Education
The act is also known as Right of Children to Free and Compulsory Education Act was enacted in 2009 wherein, all children between the age of 6-14 years have the right to elementary education.
Why is it Important for Students in India?
This one is a fundamental right under Article 21A of the Constitution of India reiterated in State of U.P. vs Bhupendra Nath Tripathi 2010 (13) SCC 203 (para 11). As per the petition filed by Bhupendra Nath Tripathi in 2009, in primary institutions run by Uttar Pradesh Basic Shiksha Parishad (UPBSP), more than 60,000 posts of Assistant Teacher were lying vacant. Through this act, the efforts of UPBSP to fill the posts were criticized. The court has passed the order to fulfil the right to education act by appointing and training 33,000 B.Ed. graduates with the six-month Basic Teacher's Training Certificate (BTC) by DIETs recognized by NRC-NCTE.
Also Read: The Bar Council of India - Law Education Regulations
Right to Life under Article 21 of the Constitution of India:
A Division bench of the Delhi High Court, while striking down a rule for disciplinary action under the Delhi School Education Rules, 1973 held that children should not be subjected to corporal punishment in schools and they should receive education in an environment of freedom and dignity, free from fear.
Why is it Important for Students in India?
The right was evoked with Parents Forum for Meaningful Education & Anr vs Union of India & Anr. AIR 2001 Del 212: (2001) 89 DLT 705 (DB) case. The Parents Forum filed a PIL to stop the punishment of students in schools. After this, the court gave the verdict with direction to educational institutions for dealing with students who neglect schoolwork, but should refrain from any kind of corporal punishment. After the verdict, schools have to follow the guidelines below when dealing with students -
- Detain students during lunch break hours if they neglect classwork
- No punishment or detention after school hours if they neglect classwork
- No punishment/ expulsion/ fine/ detention to students under the age of 14
- A fine can be imposed only on students above 14 years of age in case of late attendance, being absent from school without application, skipping/ bunking classes, causing damage to school property, or if there is any delay in payment of school fees and dues
- Corporal Punishment (not harsh) could be given only if the student is impolite towards teachers, causes physical violence in school, or any other serious misbehaviour towards fellow
- No Corporal Punishment for students who are ill
- Corporal Punishment should not lead to physical injury to the student
- If any student is expelled from one school, he should not be denied admission to any other school
- No student can be expelled or rusticated without giving a chance to parents/guardians for a 'show-cause' notice
Indian Contract Act: A student who has entered the age of majority, i.e., 18 years, can enter into a contract under the Indian Contract Act, 1872. E.g., while taking an educational loan, a student has to enter a contractual agreement with a sanctioning bank, or while entering a lease agreement with the owner of a residential property.
Criminal Law: Students below 7 years of age are exempted from criminal liability under the Indian Penal Code (now Bhartiya Nayay Sanhita, BNS Act), and between 7 to 12 years liability will be dependent upon the maturity of a student.
Students under 18 years of age are treated as per the Juvenile Justice Act, 2015. These accused are protected from being treated as adult criminals, but in heinous crime, they cannot take this privilege. While dealing with such Students in conflict with the law, certain principles have to be followed by government authorities under Section 3 of the Act, such as the Principle of presumption of Innocence, the Principle of equality and non-discrimination, the Principle of natural justice, etc.
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