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Legal Rights of Students in India
Legal Rights of Students in India
The fact there are no specific rights and provisions for children is very sad. As there are no specific laws for students, there is neither a definition to what a student is or who a student is in our Constitution. Due to this it makes very difficult to take laws regarding a student. The constitution doesn’t attempt to provide specific rights that are more student-oriented to our country. All the provisions that an Indian student have are similar to the basic rights and freedoms offered to all citizens of India.
Keeping that in mind there are some legal rights that a student in India must be aware of. They are:-
- Right to Free Speech And Expression (Article 19 (1)(a)): As we know, freedom of speech means the freedom to express one’s opinion by speaking, writing, pictures or any other mode. A student in India too has this freedom. Of course there are restrictions as mentioned in Article 19(2) of the Indian Constitution. As a student, one can express his opinion without fear but that doesn’t mean one can simply defame and use freedom of speech and expression as an excuse. Private institutions have the right to terminate anyone for any reasons what as they wish.
- Right to Information: Citizens have a right to know about government affairs. But the right is not absolute; secrecy can be legitimately claimed in respect of transactions with repercussion on public security. Even a student has the right to information. Without information one cannot express their thoughts and opinions. The right to information is considered as a part of freedom of speech and expression of the Indian Constitution. The authority has the duty to give information if they have it. As mentioned the exception to that would be national secrets and covert operations. But as a student, one generally won’t need such information. What they need in their education level will be provided if they have the information.
- Right to Equality (Article 14): Right to Equality is an essential right that is available to everyone. Particularly students can use this right in case of a college admission. Any inequality between candidates should be rectified immediately. As a student, one cannot be discriminated by an authoritative figure om the basis of religion, caste, race or anything. All candidates or students must be equal before the authority. If that is not the case, the student has the right to go against the authority.
- Right to Education (Article 21A): In India children have there must be compulsory education from age 6-14. The Indian government itself will cover the government school fees if the parents are facing financial struggles. This right ensures that every citizen receives the basic minimum amount of education required. However, the government shall not cover the private school fees.
- Right to Life (under Article 21): Corporal Punishment is deemed illegal by the Indian Constitution. Every student should be able to receive an education in an environment of freedom and dignity which is free from fear. Students must not beaten and humiliated. In such cases, civil suits and complaints must be filed with the appropriate courts.
These are the basic rights that a student in India has. Since there are no specific provisions for students, they use these for their protection.
