Legal Rights of Student in India

Students are a nation's most important asset for its growth and development. Students design a nation's future. Students make up more than 60% of the population. They are a nation's excellent investment made to create massive profits in the future.

Students frequently suffer mistreatment and denial of rights. Therefore, it is crucial for students to be aware of their legal rights. Although the phrase "student rights" is not specifically established anywhere in Indian law, the Indian Constitution contains a number of rights that every student should be aware of.

We can understand the rights of students in India right here in terms of fundamental legal rights as follows:

Freedom of speech and expressions

The Supreme Court outlined the significance of freedom of speech and expression from the perspectives of individual liberty and the democratic form of our government in a petition submitted by a law student. 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 governments.

Shreya Singhal's 2012 petition against the Union of India 2015 (5) SCC 1 brought attention to the basic right to freedom of speech and expression in 2015. After submitting the petition for five years, the final decision was issued. It was a significant case because it overturned section 66 (A) of the Information Technology Act of 2000, which restricted individuals' online speech. A two-judge panel ruled the action illegal because it infringed upon the right to free speech protected by Article 19(1)(a) of the Indian Constitution.

Right to Information

The Supreme Court ruled that the right to information is a component of the freedom of "speech and expression" guaranteed by Article 19 (1) (a) of the Indian Constitution while still allowing the examinees to view their answer books. This right is subject to reasonable restrictions in the interest of the State's security as well as exemptions and exceptions.

In the case of CBSE and Anr v. Aditya Bandopadhyay and Ors. 2011 (8) SCC 497, where the right of students to request answer papers and the verification of marks was breached, the fundamental right to information was brought to light. The Answer-Sheets of any exam are covered by the RTI Act, of 2005, according to a 2011 ruling by the Supreme Court of India. Candidates for the JEE Main, NEET, and CBSE-UGC NET had to pay a steep cost of roughly Rs 1000 to the exam's administering body, CBSE, for "answer sheets and mark verification." Following the passing of the order, students who want their answer sheets must pay Rs 10 for the application and Rs 2 for copies. While there is no cost for students that fall below the Below-Poverty Line category.

Right to Equality

The Supreme Court outlined the guidelines that educational institutions must adhere to when making admissions decisions, stating that it would be entirely just and fair to only offer the candidate in question special reliefs if there is a violation of the competing candidates' rights to equality and equal treatment.

In Chandigarh Administration & Anr. Vs. Jasmine Kaur & Ors. 2014 (10) SCC 521, Jasmine Kaur, a Canadian citizen, questioned the legality of the term "Non-Resident Indian" because she was having trouble meeting the requirements for admission to the Dr. Harvansh Singh Judge Institute of Dental Science in Chandigarh's BDS Program. Jasleen is already qualified for admission, according to the single-judge panel's ruling, so she should be awarded a seat in the course right away.

Right to Education

All children between the ages of 6 and 14 have the legal right to elementary education under the Right of Children to Free and Compulsory Education Act, which was passed in 2009.

According to Article 21A of the Indian Constitution, which was reaffirmed in State of U.P. vs. Bhupendra Nath Tripathi 2010 (13) SCC 203, this is a basic right (para 11). More than 60,000 Assistant Teacher positions were unfilled at elementary institutions managed by the Uttar Pradesh Basic Shiksha Parishad (UPBSP), according to a petition submitted by Bhupendra Nath Tripathi in 2009. UPBSP's efforts to fill the positions came under fire through this action. The court has mandated that 33,000 B.Ed. graduate with the six-month Basic Teacher's Training Certificate (BTC) from DIETs accredited by NRC-NCTE be hired and trained as teachers in order to comply with the Right to Education Act.

Right to Life under Article 21 of the constitution of India

When invalidating a rule for disciplinary action under the Delhi School Education Rules, 1973, a division bench of the Delhi High Court ruled children should not be subjected to corporal punishment in schools, and they should receive an education in a setting of freedom and dignity, free from fear.

With the Parents Forum for Meaningful Education & Anr vs. Union of India & Anr. AIR 2001 Del 212: (2001) 89 DLT 705 (DB) case, the right was invoked. In an effort to stop student punishment in schools, the Parents Forum filed a PIL. Following this, the court issued its ruling, directing educational institutions to deal with students who disregard their homework but to abstain from using corporal punishment of any type.

Following the verdict, schools must adhere to the following principles while dealing with students:

• If pupils fail to complete their assigned homework, detain them during lunch.
• If students don't complete their classwork, there is no punishment or detention after school.
• No students under the age of 14 may receive a penalty, an expulsion, a fine, or detention.
• Only pupils above 14 may be subject to a fine if they arrive late to school, miss class without permission, skip or bunk, damage school property, or fail to pay school fees and other obligations on time.
• If a student acts rudely or disrespectfully toward teachers, engages in physical aggression at school, or engages in any other major misconduct toward peers, corporal punishment (that is not harsh) may be administered.
• No corporal punishment for sick students.
• Corporal punishment shouldn't result in a student getting hurt physically.
• Any student expelled from one school shouldn't have his admittance to any other school revoked.
• No kid may be dismissed or rusticated without first providing their parents or guardians an opportunity to request a "show-cause" notice.

Right to Participation

The Right to Participation empowers students in India to actively engage in decisions affecting their education and welfare, fostering leadership, responsibility, and civic awareness. It ensures students' voices are heard, allowing them to contribute meaningfully to their academic and social environments.

Right to Privacy

The Right to Privacy ensures that students in India have the right to protect their personal information and maintain confidentiality in educational settings. It safeguards students' personal data, academic records, and communications, promoting a safe and respectful environment where their privacy is respected both online and offline.

Right to Safety and Security

The Right to Safety and Security ensures that students in India are protected from physical, emotional, and psychological harm in educational institutions. It guarantees a safe learning environment, free from bullying, harassment, or violence, and promotes the well-being of students, ensuring they can pursue their education without fear.

Right to Cultural and Educational Rights

The Right to Cultural and Educational Rights, protected under Articles 29 and 30 of the Indian Constitution, ensures that students belonging to any community or minority group can preserve their culture, language, and traditions. It also grants minorities the right to establish and manage their educational institutions, promoting diversity and inclusion in India's education system.