Colleges and educational institutions have been reopening in numerous parts of the state after the disruption of the novel coronavirus as a pandemic throughout the world. The educational institutions have been closed since March 2021 to ensure security and well-being of the students. Most of the students have been excited and exhilarated about the opportunity to be back at the campus after almost 1 year. Colleges and educational institutions have also been preparing SOPs that would be mandatory and a pre – requisite for every student to maintain to prevent the disruption of Novel Corona Virus in the campus.
Colleges and Educational Institutions ensure learning to the youth in the greatest amount and using the maximum exposure. However, it is to take into consideration that the students of a university or state educational institution are first the subjects of the state and the respectful citizens of the country. Irrespective of teaching and making the future better of students, most of the educational institutions fail to ignore that they need to be provided with basic rights and necessities as the prospective subjects of the state and not because they enjoy any special rights or have any other liabilities, unless expressly mentioned, by the university or state educational institutions.
This manuscript not only throws light upon the wrongs that are inflicted upon students in the name of “due process of the institution” but also talks about prospective rights that the student has and can claim as the respectable citizen of this nation. It is pertinent to note that it is high time now that the “due process” of educational institutions needs to be changed in order to be respected, and be in consonance with today’s everchanging rights.
UNFOLDING THE HARMS INFLICTED UPON STUDENTS
Students are firstly the subjects of the state, them being a part of any financial institution is secondary. Therefore, they are worthy and should be granted all the constitutional safeguards and are also in the dominion to file for a law suit against any atrocity inflicted upon them.
The On – Set of Novel Corona Virus has resulted in mass disruption of offline classes and a paradigm shift from offline – to – online. One of such harms inflicted to the students post COVID – era is not opening of their educational institutions, therefore, in furtherance of same, the students of Aligarh Muslim University conducted a protest to demand the reopening of college because it had been closed since the outbreak of protests of CAA – NRC.2 However, as our Hon’ble Prime Minister Narendra Modi has said in one of his speeches, “The population of India should adapt and live with the virus”, It is high time now that the educational institutions have been closed halting the learning of the future youth of the nation.
Students of Sikkim Government College have been protesting against the poor infrastructure being provided to them in by their public educational institutions.3 Meanwhile, on the other hand, students from Lady Shri Ram College have been protesting against the university’s hostel updated policies.4 Earlier, in 2019, it was observed that a majority of students protested against JNU for implementing hostel policies that implement strict curfews and in – times of hostels, and also dressing restrictions.
It is pertinent to note that it was observed by the Hon’ble Supreme Court5 that deemed educational institutions are covered within the ambit of “State” mentioned under Article 12 of the Indian Constitution.6 Therefore, students as respectable citizens of this nation are entitled to file a Writ Petition under Article 32,7 and Article 226 to claim what is rightfully theirs.8
CONSTITUTIONAL SAFEGUARDS
Article 12
In the applications of the provisions of Fundamental Rights for Indian Citizens, the term ‘State’ has been used in a wide concept. To provide clarity to the term, Article 12 of the Indian Constitution defines it. The term ‘State’ has been used in a wider context to include all such agencies, actions of whose can challenged in the Supreme Court if they violate the any of the sacred fundamental rights. In Dr. Janet Jeyapaul v SRM University9, the question was whether a writ petition was maintainable against the SRM University, which is a “deemed University” within the meaning of S. 3 of the UGC Act10 (the petitioner had filed a writ petition complaining of unfair termination of services).
The Supreme Court held that the petition was maintainable under Article 22611 of the Constitution, since SRM University had been established for and was engaged in – performing a “public function”.
In the case of Sukhdev Singh v. Bhagat Ram, it was held that if any university has been formulated and wields within the purview of the UGC Act, then that particular university is classified as “other authorities” within the ambit of Article 12 of the Indian Constitution.12
RIGHT TO FREEDOM OF SPEECH AND EXPRESSIONS
The importance of freedom of speech and expression together from the point of view of liberty of an individual and democratic form of government was laid down by Supreme Court in the case of Shreya Singhal v. Union of India13 in 2012. The Supreme Court held that freedom of speech and expression is of paramount importance under a democratic constitution which anticipates changes in the composition of legislature and government and thus must be preserved. This landmark judgement eliminated and repealed Section 66 (A) of Information Technology Act 200014 which imposed restrictions on the online speech of citizens. Though it took 5 years for the final verdict to come but it broadened a platform for citizens. However, overlooking the prospective of netizens and focusing on the students as the future of this nation, this case also failed to recognize their rights exclusively.
RIGHT TO INFORMATION
Supreme Court held that Right to Information is a facet of freedom of speech and expression mentioned in Article 19(1) (a) of the Constitution of India15 but this right is subject to reasonable restrictions in the interest of security of the State. This was held in the case of CBSE and Another v Aditya Bandopadhayay and Others16, where the right of students seeking answer sheets and verification of marks was violated by asking them a hefty fee of around Rs 1000 for answer sheets and verification of marks. After the order was passed the amount was reduced to Rs 10 as application fee and Rs 2 for copies and for students below poverty line no fee was charged but then too the students above poverty line had to pay the amount for seeing their own answer sheets.
CONCLUSION & RECOMMENDATIONS: REVAMPING THE NEED FOR SPECIAL LAWS TO PROTECT STUDENTS
Universities have been inflicting harms and tormenting the bright future of this country since immemorial times in the name of “due process”. However, while looking at the innumerable rules and procedures laid down for satisfying the whims and fancies of the educational institutions, a need for establishing a special law protecting the tormented and afflicted rights of the students is the need of the hour.
Even though a Writ Petition can be filed within Article 3217 and 22618 to the Supreme Court and High Court respectively, there is no express law in India that governs and recognizes the rights of the students and absence of such will always create an injustice to the students because their voices and opinions have been and are always suppressed by the college authorities.
The only act regulating universities and institutions is the UGC Act which states a set of guidelines which the institutions need to follow for co-ordination and maintaining standards but does this act prevents the unjustifiable behavior or the tiresome and annoying restrictions that they put on their students which are different for every institution and discriminate the students from different institutions. A proper act or rule still remains missing for safeguarding the students’ interest and preventing the same.
It is never too late to safeguard the rights of the citizens of the country and students being a major part of the country needs a protective cover so that the fear which the universities and institutions have incorporated in students in the name of due process can stop and the students know that they have a law protecting them from the harmful and tortious behavior.
