Legal Rights Of Students In India

Legal Rights Of Students In India

It is very Important to know your Rights and Formfees through this article to help you understand what the Legal Rights Of Students In India are. We have articulated as per your convenience and we have talked about all the legal rights of students in India. 

We know our future lies in the Youth/Students and we know they are the future investment done by a country for getting higher returns in the future for the betterment of India. 

Legal Rights Of Students In India are extremely important but sometimes exploited and denied their rights. 

So, you as a student must know Legal Rights Of Students In India, as there is no term defined as ‘student rights’ anywhere in Indian Law. The Constitution of India contains Legal Rights of Students in India that every student needs to be aware of:

Table of content

1. Introduction
2. Constitutional legal Rights for Students in India

• Right to equality (Article 14)
• Right to information 
• Right to education (Article 21A)
• Right to Life and personal liberty (Article 21)
• Right to freedom of speech and expression (Article 19 (2))

Students are the whole and sole of our nation. More than 60 per cent of the population comprises students. They are the great investment done by a nation for getting higher revenues in the future. Students are significant as they resemble to be but are often exploited and denied their rights. So, it is very essential for students to know their legal rights. Although there is no specific term defined as 'student rights' anywhere in the Indian Law, the Constitution of India contains numerous rights that every student must be aware of:

Rights of students in India including, the right to education, right to quality, right to information, right to freedom of speech and expressions and much more. Collectively with proper training, proper data, proper to high quality, proper freedom of speech and expressions and faraway more.

As Indian residents, most of us are aware of our rights and duties towards the nation, nevertheless, do we all acknowledge what are the constitutional legal rights of Indian college students? The Indian legislation has not framed any statutory means of the time period ‘student’. All of the sanctioned rights available out there for a citizen of India can be found to college students can be found in the usual manner which makes it troublesome for a student in India to train their rights in a correct manner.

Constitutional Legal Rights for Students in India

Here are some fundamental legal rights, we can understand these rights of students in India as under the given paragraphs:

Right to Equality (Article 14)

Right to Equality of Article 14 under the Indian constitution provides equality before the law inside the territory of India. This law is wholly applicable to everybody and anybody who is within the territory of India including corporations an Indian citizens, and foreigners.

Applicants appearing for any entrance examinations should be treated equally and should have an equal opportunity to be elected in the admission process. There should not be any discrimination towards any student based on sex, caste, creed, religion or personal beliefs. During the principles to be followed by educational institutions through the process of admissions, the Supreme Court laid down that if there is a violation of the rights to equal treatment and discrimination it would just be completely fair to provide exceptional reliefs to the candidate under such circumstances alone. 

Right to Information

Right to Information commonly refers as RTI is an act established by the Indian Parliament that makes the right to information a fundamental right for the citizens of India. This Right to Information was passed by Parliament on June 15, 2005, and came fully into force on October 12, 2005.

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 it is important for Students in India?

CBSE and Anr vs Aditya Bandopadhyay and Ors brought to light the fundamental right to information. Student's rights to request answer sheets and verify marks were violated in 2011 (8) SCC 497. Answer sheets of exams may be requested under RTI Act, 2005, according to the Supreme Court of India in 2011. For 'answer sheets and mark verification', CBSE, the examination authority for JEE Main, NEET, and CBSE UGC NET, was charging candidates hefty fees of around Rs 1000. Taking advantage of this order, students must pay Rs 10 as an application fee and Rs 2 for copies of the answer sheet. However, no fee is charged to students under the poverty line.

Right to Education (Article 21A)

The right to education is declared in Article 21A under the Constitution of India and even a separate act has been determined to exercise this right such as the Right of access to free and compulsory education for children Act, 2009. Right to Education Act commonly known as (RTE), is an Act of the Indian Parliament that was made on August 4, 2009. This law represents the greatness of free and compulsory education. No wonder, Every child in India is empowered to get training and education to the 10th class in any government-aided school. This power is aimed at providing mandatory elementary education to children up to the age of 6-14 years.

Why it is important for Students in India?

This right is a fundamental right under Article 21A of the Constitution of India reiterated in the case, the State of U.P. vs Bhupendra Nath Tripathi 2010 the petition filed by Bhupendra Nath Tripathi in 2009, in primary educational institutions run by Uttar Pradesh Basic Shiksha Parishad (UPBSP), more than 60,000 posts of Assistant Teacher was prevailing vacant. Through this act, the applications of UPBSP for filling the posts were criticized. The court passed an order to fulfil the right to education act by appointed and training 33,000 B.Ed. graduates with the six months' Basic Teacher's Training Certificate (BTC) by DIETs recognized by NRC-NCTE.

• This law affirms that all private schools have to reserve at least 25 per cent of seats to children (to be compensated by the state as part of the public-private partnership plan).
• It also prevents all unrecognised schools from practice and makes provisions for no donation or capitation fees and no interview of the child or parent for admission.
• The Act also renders that no child will be sustained back, expelled or required to pass a board examination until the achievement of elementary education.
• There is also an additional provision for personal training of school drop-outs students to bring them up to level with students of the same age.

Right to Life and Personal Liberty (Article 21)

The Right to life under Article 21 states that nobody, including the Government, has the authority to end your life. Under this right, it is mandatory for the Government to take suitable measures to safeguard life by making laws to guard or protect you. It implies that "No person shall be deprived of his life and personal liberty except according to the procedure established by law". It covers under its purview the right to live with full human dignity. From a view of a student's point, the right to life states that each student should be able to get an education in an environment of freedom and dignity that is free from fear. Teachers are not permitted to beat or insult the students in any way. It was held by Delhi High Court in 1973 that corporal punishments to the students should be banned. Under this law, it is mandatory for the Government to take appropriate actions to safeguard life by enacting laws to protect you.

• Right to Life also makes it mandatory for the govt to take suitable steps to protect you if your life is at risk.
• Public administrations should also acknowledge your right to life when making decisions that might put you in danger or that transform your life anticipation.
• If a member of your family dies in situations that involve the state, you may have the right to an investigation.

NOTE: Corporal punishments can be delivered to students only if she/he acts misbehaves with the teacher or engages in any physical violence in the school premises. In such a case, also the punishment can't be a severe one, and the student should be more than 14 years of age.

Indian Contract Act: A student who has entered the age of majority i.e. any student of 18 years of age can enter into a contract under the Indian Contract Act, 1872. For example, while taking an educational loan a student needs to enter a contractual agreement with a sanctioning bank or while entering a lease agreement with the owner of a residential property. 

Right to Freedom of Speech and Expression (Article 19 (2))

A student can voluntarily freely express her/her views on any topic without any fear, but you can't misuse this right to abuse your Institutions or as an excuse to defame your college. 

IMPORTANCE

The fundamental right to freedom of speech and expression was highlighted in 2015 when Shreya Singhal filed a petition in opposition to the Union of India 2015 (5) SCC 1 in 2012. The ultimate judgment got here after 5 years of filing the appeal. It was a landmark case because it eradicated part 66 (A) of the Information Technology Act, 2000 that put limitations on the web speech of residents. The act was termed unconstitutional by two bench judges because it violated freedom of speech that’s assured under Article 19(1)(a) of the Indian Constitution. 

Shreya Singhal (at the time of fighting for the liberty of speech right) was pursuing a Bachelor of Laws (LL.B) from Campus Regulation Centre, Delhi College. She did her graduation in 2016 and, is at the moment persevering in the profession at Delhi High Court.

NOTE: Private Universities can eliminate any student for the reason they want.