Constitutional Rights That Every Indian Student Should Know

 

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Most of us are aware of our obligations and rights as Indian citizens, but how many are also aware of the constitutional protections afforded to Indian students? The word "student" has no legal definition under Indian law. Although students in India are entitled to the same legal protections that citizens are, it might be challenging for them to utilize these protections in a way that is suitable.

According to Prasouk Jain and Apurv Chandola of LPJ & Partners, as the term "student" has not yet been statutorily defined and there is no codified legislation safeguarding student rights in India, it is challenging for students today to exercise their rights in a systematic manner.

They converse, "The government must put regulations in place that are centered on the needs of children in order to prevent biases in academics, athletics, and other areas. By having written laws, they might be more protected from the arbitrary actions of institutions, individuals, or the state.

We hope that this article has given some insight into some of a student's essential rights since when the same is happening, a student's capacity to protect their rights depends on their degree of understanding ".

Here, we may comprehend the rights of students in India in terms of fundamental legal rights as follows:

Right to Freedom of Speech and Expressions

The Supreme Court said in a petition submitted by a law student the significance of freedom of speech and expression from the perspectives of individual liberty and the democratic structure of our democracy. The Supreme Court ruled that free speech and the right to express one's opinions must be protected since a democratic constitution must allow for changes in the make-up of legislatures and administrations.

When Shreya Singhal petitioned the Union of India in 2015 (5) SCC 1, the basic right to freedom of speech and expression was brought to light. After submitting the case for five years, the decision was finally reached.

The Information Technology Act of 2000's section 66 (A), which placed limitations on people' online expression, was repealed in this historic decision. Due to its violation of the right to free expression protected by Article 19(1)(a) of the Indian Constitution, the legislation was deemed unconstitutional by a two-judge panel.

At the time of her battle for free expression, Shreya Singhal was a Bachelor of Laws (LL.B) student at Delhi University's Campus Law Center. She received her degree in 2016 and is currently working for the Delhi High Court.

Right to Information

The right to information is a part of the freedom of "speech and expression" guaranteed by Article 19 (1) (a) of the Indian Constitution, according to the Supreme Court, which also ruled that it is subject to reasonable restrictions in the interest of the state's security as well as exemptions and exceptions. While test takers could still examine their answer booklets, this choice was made.

When students' rights to answer sheets and mark verification were violated, the fundamental right to information was brought to light in the case of CBSE and Anr vs. Aditya Bandopadhyay and Ors. (2011) 8 SCC 497. The RTI Act, 2005 is applicable to exam answers, according to a 2011 ruling by the Supreme Court of India.

The JEE Main, NEET, and CBSE-UGC NET candidates had to pay a premium fee of about Rs 1000 to the test administrator at the time for "answer sheets and mark verification." After the ruling was passed, students who wanted their answer papers had to pay Rs. 10 for an application and Rs. 2 for copies. For students who are below the poverty line, there is no fee.

Right to Equality

When establishing standards for educational institutions to adhere to when admitting students, the Supreme Court stated that it would be entirely just and fair to give a candidate special consideration in those situations if their right to equality and equal treatment with other applicants was violated.

The case of Chandigarh Administration & Anr. brought equality rights to light. In the case of Jasmine Kaur and Others v. Jasmine Kaur, a Canadian citizen who was having trouble meeting the requirements for a BDS programme at the Dr. Harvansh Singh Judge Institute of Dental Science in Chandigarh, contested the phrase "Non-Resident Indian" in 2014 (10) SCC 521.

Jasleen is already qualified for admission, thus she should be accepted into the programme right away, according to the single judge panel's ruling.

Right to Education

The Right of Children to Free and Compulsory Education Act, which was approved in 2009, states that all children between the ages of 6 and 14 have the legal right to basic education.

According to Article 21A of the Indian Constitution, which was upheld in the state of Uttar Pradesh, this is a basic right. SCC 203, Bhupendra Nath Tripathi v. 2010 (para 11). In elementary schools managed by the Uttar Pradesh Basic Shiksha Parishad, more than 60,000 assistant teacher positions were vacant, according to a petition submitted in 2009 by Bhupendra Nath Tripathi (UPBSP).

As a result of this move, UPBSP's efforts to fill the positions were severely criticized. The court has mandated that 33,000 candidates for the B.Ed. must work and attend school in order to comply with the right to education laws. graduates with a six-month Basic Teacher's Training Certificate from NRC-NCTE certified DIETs (BTC).

Conclusion

All people' lives are incredibly essential, and fundamental rights are no exception. All rights are for people's needs since they can help us develop into wonderful human beings and can be preserved in difficult or complicated situations.

Written By: Dharchini Priya P