As a student studying in India, you may not fully aware of the rights and provisions are given to you by the constitution. This can possibly lead to many students being exploited or taken advantage of in certain situations. We have some information that we think could help every college student studying in India. Let’s start with the definition of the term “student” as given by the constitution:
Trick Question
There is no statutorily defined description for the term student in our constitution. This makes the process of exercising rights quite difficult on the part of students in India. The constitution doesn’t attempt to provide specific rights that are more student-oriented to our country. All the provisions made for Indian students are similar to the basic rights and freedoms offered to all citizens of India.
With all of this being said, you may wonder why we’re even attempting to write an article on the legal rights of students in India at all. Well, it is because there are certain laws and freedoms that every student should be aware of.
And so without further ado, here are some legal rights that every Indian student should know:
Right to Free Speech And Expression (Article 19 (2)):
Freedom of speech without the possibility of government intervention is necessary to make such a Democracy work. You as a student can express whatever opinions you have in whatever way you want without the fear of being censored. However, you can’t use it as an excuse to badmouth your college or company without repercussions. Private institutions still reserve the right to terminate anyone for whatever reason they like.
Right to Information (Article 19 (1) (a)):
How can you express your thoughts and opinions if you have no information to base it on. The right to information is considered as a part of the right to free speech and expression by the Indian constitution. No authoritative figure can deny you any information on any grounds other than the fact that they currently do not know the information either. Of course, exceptions exist such as in the case of covert operations and national secrets. But let’s face it, as a student, such things do not matter anyway.
Right to Equality (Article 14):
Candidates that are competing against each other for admission (in the case of college students) have the right to be equal. Any inequality between candidates should be rectified immediately. You as a student cannot be discriminated against by any authoritative figure on the basis of gender, background, religion or personal beliefs as well.
Right to Education (Article 21A):
Every child in India is entitled to education up until class 10 in any government-supported school. The Indian government itself will cover school fees in the case of financial struggles on the part of the child’s parents. This right ensures that every citizen receives the basic minimum amount of education required. However, the Indian government will not cover the school fees if the child attends a non-government supported school.
Right to Life (under Article 21):
Corporal Punishment is deemed illegal by the Indian Consitution. Every student should be able to receive an education in an environment of freedom and dignity which is free from fear. No beating and no humiliating is allowed towards students. This provision was introduced in 1973 but has only been effective in recent times with several schools in the country still opting to discipline kids with these horrid methods. Civil suits and complaints must be filed with the appropriate courts in such cases.
Other Interesting Laws:
For Relationships:
1. You can move in with a boyfriend or girlfriend without any legal repercussions. Do keep in mind that landlords have the right to evict a tenant or to refuse an offer for any reason. Be aware of this if you’re looking to have a live-in relationship.
2. A single male cannot adopt a child. However, a single female can adopt a child if they wish after clearing some requirements
3. You cannot get arrested for possessing pornographic material. However, you can get arrested for selling, sharing or exhibiting it openly. But I doubt anyone would exhibit it openly anyway unless you’re into that sort of thing.
For Driving:
1. You must signal your intention when turning or stopping on the road. Yes, we know that road rules in India are virtually non-existent but be aware that punishments exist for such actions. You definitely do not want to be at the mercy of a corrupt police officer.
2. Political parties reserve the power to use your vehicle for campaigning purposes during elections as long as they remunerate you appropriately
3. You can get arrested if you refuse a breath test, even if you aren’t drunk. Give the breath test if you don’t want to face a crazy amount of legal problems.
4. Motor Laws do not cover vehicles without a motor. Use a cycle to get into the least amount of trouble.
5. If you’re found with more than 100 ml of alcohol in your blood, you can be arrested for drunk driving.
For Traveling:
1. Any individual can ask a hotel or restaurant for a drink of water whenever they please. Walk into the closest hotel and ask them for a glass of water if you’re ever thirsty. You will end up saving some money too.
2. You can use washrooms present in hotels or restaurants whenever you please.
For General:
1. You can lodge formal complaints with the Delhi Police through SMS or email. Check out this site for the necessary phone numbers and email addresses.
2. You are an adult if you are 18 years or older. This means that you can be tried in court with punishments that are applicable to adults.
3. You can legally enter binding contracts with other individuals or companies if you’re above 18 years of age. However, the terms and conditions of the contract should not violate the rules of the Indian Contract Act, 1972. This is especially important if you’re looking to take out a student loan.
There are definitely several other rules, articles, provisions, and amendments in the Indian Constitution that can apply to individuals based on their own personal conditions. We recommend that you skim through the Indian Constitution when you have the time.
We hope that you enjoyed today’s article and also that you learned a little something about our constitution and the rights it provides to students. And once again,
Thanks for reading!
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Tags: Legal Rights Of Students In India, Legal rights every student in India should know, students rights in India in English, educational rights of students
