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I am a college student in Rajasthan, and I want to know what step we can take against:

  • teachers scoring us according to some personal vendetta,
  • extremely rude language/behavior,
  • unnecessary targeting.
  • Students in the U.S. have very little protection from this kind of conduct except under the college's own internal policies. But, I have no idea what the legal environment would be in Rajasthan. – ohwilleke Jan 7 '17 at 0:31
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    Why have you reposted the exact same question? academia.stackexchange.com/questions/82027/… – carefulnow1 Jan 7 '17 at 11:09
  • Some one comment in academia that this is also related to law you have to ask this in Stack Law. that's why I ask here also.@carefulnow – Umang Patwa Jan 7 '17 at 11:52
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    Students in the U.S. have very little protection from this kind of conduct except under the college's own internal policies. -- @ohwilleke this looks untrue? There appears to be a large body of case law around student rights. Though this is not codified as a Bill of Rights, don't the precedents apply and provide reasonable protection? – Jedi Jan 8 '17 at 16:25
  • @Jedi When you look carefully, you find that almost all the rights are under a contract theory (i.e. that hold a college to its own policies). – ohwilleke Jan 20 '17 at 6:18
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+100

Education in India falls under the concurrent list -- i.e. both state and union laws apply. However, there do not appear to be any codified "student rights".

The relevant national body for "technical education" is the AICTE, which does have a mechanism for grievance redressal, this is often used as the primary source of complaints against ragging.

You can submit a grievance here. The 2004 Guidelines for Grievance Processes require a sub-30-day resolution of complaints. In fact, all accredited technical institutions in India are required to have a local Grievance Redressal Cell and Ombudsman as per this 2012 notification. Finally, you could contact AICTE directly

Students may also file grievances at the UGC (University Grants Commission). The UGC is a statutory body in charge of "coordination, determination and maintenance of standards of higher education". In 1987, they released "Guidelines for Student Entitlement". See sections 2.5, 2.6 regarding fairness in evaluation and section 5 which deals with discriminatory treatment.

At a state-level, you could try Rajasthan Sampark, which only applies to government institutions.

As others have stated, you need to ensure that you have documented and clear proof to support your accusation, and that you should not back down in fear of reprisal. The process of collecting evidence may help you determine if you truly have a valid complaint, or are perceiving bias that does not exist.

To the best of my knowledge, in answer to your second question, no, Indian jurisprudence does not have a similar concept of student rights as the United States and some of Europe.

While reading the links for the other answers and searching for policies for this post, the one thing that becomes clear is a worrying lack of depth in policies and transparently available policies and data. If you choose to take this forward, I hope that you will document and publish your efforts.

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Right to freedom of speech and expressions

In a petition filed by a student of law, Supreme court laid down the importance of freedom of speech and expression both from the point of view of the liberty of the individual and from point of view of the democratic form of our government. Supreme court held that freedom of speech and expression of opinion is of paramount importance under a democratic constitution which envisages changes in the composition of legislatures and governments and must be preserved. Shreya Singhal vs Union of India 2015 (5) SCC 1.

Right to information

While permitting the examinees to inspect their answer books, Supreme Court held that the right to information is a facet of the freedom of “speech and expression” as contained in Article 19 (1) (a) of the Constitution of India and such a right is subject to reasonable restriction in the interest and security of the State and to exemptions and exceptions. CBSE and Anr vs Aditya Bandopadhyay and Ors. 2011 (8) SCC 497.

Right to equality

While laying down the principles to be followed by educational institutions during admissions, the Supreme Court laid down that if there is a violation of right to equality and equal treatment to the competing candidates, it would be completely just and fair to provide exceptional reliefs to the candidate under such circumstances alone – Chandigarh Administration & Anr. Vs Jasmine Kaur & Ors 2014 (10) SCC 521.

Right to education:

This one is a fundamental right under Article 21A of the Constitution of India reiterated in State of U.P. vs Bhupendra Nath Tripathi 2010 (13) SCC 203 (para 11).

Right to Life under Article 21 of the constitution of India:

A Division bench of the Delhi High Court while striking down a rule for disciplinary action under the Delhi School Education Rules, 1973 held that children should not be subjected to corporal punishment in schools and they should receive education in an environment of freedom and dignity, free from fear. Parents Forum for Meaningful Education & Anr vs Union if India & Anr. AIR 2001 Del 212: (2001) 89 DLT 705 (DB)

Indian Contract Act: A student who has entered the age of majority i.e. 18 years can enter into a contract under Indian Contract Act, 1872. For e.g. while taking an educational loan a student has to enter a contractual agreement with a sanctioning bank or while entering a lease agreement with the owner of a residential property.

Criminal law:

Students below 7 years of age are exempted from criminal liability under Indian Penal Code and between 7 to 12 years liability will be dependent upon maturity of a student.

Students under 18 years of age come under the definition of Juvenile Justice (Care and Protection of Children) Act, 2015 and are protected from being treated as adult criminals unless they are found committing a heinous crime as defined in the Act. While dealing with such Students in conflict with law, certain principles have to be followed by government authorities under Section 3 of the Act such as Principle of presumption of Innocence, Principle, of equality and non discrimination, Principle of natural justice etc site.

  • This doesn't look like it really answers the question directly. – jimsug May 6 '17 at 9:56

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