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The Karnataka Primary and Secondary Education Minister S Suresh Kumar issued an order to schools to ban online classes from LKG to Class 5 across all boards – ICSE, CBSE, state and other international Boards. The rational was not to ban it completely but encourage schools to create some unstructured activities to educate children.
While hearing a plea of a writ petition filed to challenge the ban on such online classes imposed by the government has considered and asked the Advocate general, the circulation of a NIMHANS report. The report would highlight more scientific ways of offering online education. The petitioners in the case have argued that an absolute ban is violating Article 21A of the Indian Constitution which guarantees the Right to Education. Right to Free and Compulsory Education Act, 2009 mandates government to provide all children up to the age of 14 years.
A petitioner represented by Senior Advocate Holla argued that The Karnataka Education act does not apply to CBSE/ICSE since is has All India Syllabus and the Ministry of Home Affairs passed a resolution on the 29th of June allowing online education. Thus the Order by the Government of Karnataka is prima facia illegal since the government has no powers to issue such an order to completely ban, they have powers to the extent of regulation of the education within the state. The petitioners also argued that the COVID-19 pandemic is not going anywhere for atleast till the end of the year and putting ban on education is harmful for the youth and future of the country and violative of their fundamental right.
The World Health Organization and American Academy of Pediatrics have suggested that a screen time of about 1 hour and 2 hours for others is recommended. This however does not include online sessions for social or pedagogical purposes.
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