Law made Easy

Under the Constitution


This right guarantees free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Constitution of India.

  • Free education’ means that no child, other than a child who has been admitted by his or her parents to a school, shall be asked to pay any kind of fee/charges/expenses which may prevent him or her from pursuing and completing elementary education.
  • Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age groups.

Under the Right to Education Act, 2009


Focus:

  • Providing elementary education to a child (6-14 years) who does not/could not go to school. Such child to be admitted in age appropriate class and has the right to receive special training.
  • Seeks to provide children right to seek transfer from a government or govt. aided school to another such school in order to complete elementary education. Such child also has right to immediately seek a transfer certificate (TC).
  • Mandates non-minority private unaided schools to reserve at least 25% of their entry level seats for children belonging disadvantaged sections to create a more integrated and inclusive schooling system.
  • Mandates the appropriate government and local authorities to provide for children’s access to elementary schools within the defined area or limits of the neighbourhood.
  • Lays down the responsibilities of the State and Central government for carrying out provisions of the act.
  • Constitution of a School Management Committee (SMC). The role of this committee to manage, monitor and support a school in its functions.
  • Indicates that within 3 years from the date of commencement of the act, the appropriate government and local authority shall insure that the Pupil Teacher Ratio (PTR) is maintained in each school.

Ensures:

  • Compulsory and free education for all.
  • Special provision for special classes.
  • Minimum standards.
  • Admission for all.
  • Quality and quantity of teaching.
  • All-round development.
  • By the people, for the children.

Objectives:

  • Ensure that every child below the age of 14 gets free and compulsory education.
  • Curb the problem of illiteracy.

Ensure personal growth and in turn growth of the country.


This Article is a part of the ‘Know Your Rights’ series by Centre for Clinical Legal Education, Maharashtra National Law University, Mumbai 

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has issued notice in a PIL filed seeking directions for formulation of laws to control the circulation of illicit content including sale of obscene and pornographic material inclusive of Child Sexual Abuse Material (CSAM), rape videos and revenge porn on social media platforms.

The plea filed by two law students from Bharati Vidyapeeth (Deemed to be University)’s New Law College, Pune, Abhyudaya Mishra and Skand Bajpai, also seeks formulation of laws to regulate social media access of minors and setting up of an efficient profile verification mechanism.

The petition states that there has been a market established wherein people are involved in the purchase, sale and transmission of obscene material and many such accounts are public accounts which defeats the purpose of “Age Appropriate Content Policy” of the intermediaries.

“When one gets reported or blocked a new one is created mentioning “Old account blocked, hence new one”. This shows scarce regard to law.”

The plea also refers to a report filed by an NGO named India Child Protection Fund in April, 2020, which stated that there has been a surge in the search for keywords like ‘Child porn’ on the internet.

“… 18% individuals exhibited explicit intent for videos where children were choking, bleeding, tortured, in pain or screaming. The demand for this kind of content grew as much as 200% during the project duration. The report also claims that a large number of individuals were found to be concealing their location and criminal activity by using virtual private networks (VPNs) to circumvent government regulation and platform security.”

Highlighting the issue of ‘revenge porn’, the petitioners state that the concept has been prevailing since 2010 and though several Nation States have expressly criminalised revenge porn in their territories, however in India there exists no such legislation.

“The evil of revenge porn and the trade relating to the private graphic information of individuals on social media violates the right to privacy of those affected.”

The petition further states that no minimum prescribed age or any other provision regarding minors’ access to social media has created a situation wherein any material is available for access to any age group, and given the subject matter of this petition, it portrays a disturbing side of these platforms. These minor children fall an easy prey and are often manipulated and exploited by the predators on these social media platforms.

“As per the terms and conditions of Facebook, an individual aged not less than 13 years or any other lawful age as per law applicable can hold an account on their platforms. Individuals agree and provide consent for several conducts on such platforms, however in India any person below the age of majority cannot give a valid consent, there is no law governing age eligibility for using social media in India.”

It is further stated that under Rule 5 of the Information Technology (Intermediaries Guidelines) Rules, 2011, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource and also remove non-compliant information in case of non-compliance of Rule 3 that creates several obligations on the intermediaries. However,

“Even though this mechanism is in place, it has had no or very little impact on the transmission and access to the non-compliant information, barring of account under Rule 5 has no impact on the physical or human user of the account and they often create another account as mentioned in paragraph 3 herein, this may create an endless vicious cycle. This suggests the outburst of unverified and fake media profiles along with a number of catfish accounts already prevailing for ulterior motives on social media.”

The petition also seeks a direction to the Government to notify and enforce the Information Technology [Intermediaries Guidelines (Amendment) Rules] 2018 and also to include sex education in school curriculum in order to spread awareness regarding the issue. It states,

“Lack of knowledge amongst individuals regarding the functioning of these platforms, associated risks and the security features has made these platforms felicitating exploitation of many, dedicated efforts are required to spread awareness on this subject.”

[Skand Bajpai v. Union of India, Writ Petition(s)(Civil) No(s). 799/2020, order dated 13.10.2020]

Law made Easy

“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed the age of fourteen years.

Children, by will or by force are employed to work in the harsh conditions and atmosphere which becomes a threat to their life.

No child (below the age of 14 years) shall be employed or permitted to work in any occupation or process.

Hiring children below the age of 14 years for any kind of work, other than in certain family-based work, is a cognizable offence and will attract a jail term of upto 2 years. Adolescents between the age of 14 – 18 years cannot be employed in any hazardous occupation.

Hazardous Employment

Hazardous child labour is work that is performed by children in dangerous and unhealthy conditions that can lead to a child being killed, injured or made ill as a result of poor safety and health standards or employment conditions. This is referred to as hazardous child labour.

Examples of hazardous employment are-

  • Anything that can cause spills or trips such as cords running across the floor or ice
  • Anything that can cause falls such as working from heights, including ladders, scaffolds, roofs, or any raised work area
  • Unguarded machinery and moving machinery parts that a worker can accidentally touch
  • Electrical hazards like frayed cords, missing ground pins, improper wiring
  • Confined spaces.

Rules for employing Adolescents

The Child Labour (Prevention and Regulation) Amendment Act allows adolescents to work in non-hazardous occupations and processes. If an adolescent is employed, the following conditions must be satisfied by the employer:

  • The period of work on each day should be fixed in a manner that no period or work would exceed three hours.
  • The adolescent must have an interval for rest for at least one hour after working for three hours.
  • The total time spent working by an adolescent cannot exceed 6 hours in a day, including the time spent in waiting for work.
  • Adolescents cannot be employed during the hours of 7PM to 8AM.
  • Adolescents cannot be made to work overtime.
  • Adolescents cannot work in more than one establishment, at anytime.
  • Adolescents must be provided in every week, a holiday of one whole day.

Punishments relating to child labour

  • For parents/guardians There shall not be any punishment in case of a first offence by parents/guardians. In case of a second and subsequent offence, the penalty prescribed is a maximum fine of Rs. 10,000.
  • For employer- Any offence committed by an employer which is punishable under the Child Labour act has been made a cognizable offence. Accordingly, the authorities can file a first information report and commence investigations into the offence without a court order and can arrest without a warrant.
  • PenaltyEmployment of a child or permitting a child to work in any occupation or process in contravention to the statute would lead to Imprisonment of: 6 months to 2 years Fine: Rs.20,000 to Rs. 50,000 or both.

How can we eliminate child labour from our society?

Education is a human right with immense power to transform. On its foundation rest the cornerstones of freedom, democracy and sustainable human development Child labour can limit the time and energy children spend on education. Many forms of child labour are prohibited in international standards. While child labour can be an obstacle to education, at the same time education is instrumental in the prevention of child labour.  Through education, parents and children alike become more aware of its benefits, and the harm that child labour can cause.  And access to education helps reduce poverty, one of the root causes of child labour. It can be concluded that education is the key to abolish child labour across the globe.

Role/Importance of education or Right to Education Act in eliminating child labour

The RTE act is not innovative law. Universal adult franchise in the act was opposed since most of the population was illiterate. Article 45 in the Constitution of India was set up as an act: “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years”

  • The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools. It requires all private schools to reserve 25% of seats to children from poor families (to be reimbursed by the state as part of the public-private partnership plan).

STOP Child Labour- It promotes jobs & protects people.


*This Article is a part of the ‘Know Your Rights’ series by Centre for Clinical Legal Education, Maharashtra National Law University, Mumbai 

Case BriefsHigh Courts

Kerala High Court: While allowing the instant petition seeking for issuance of a writ of mandamus directing the State Government to take all necessary steps to establish a Government Lower Primary School at Elambra village in Manjeri Municipality, expeditiously; the Division Bench of S. Manikumar, CJ, and Shaji P. Chaly, J., directed the State Government to sanction the establishment of Government LP School, at Elambra within a period of three months. The Bench strictly observed that the people of Elambra have been fighting a long battle of 35 years with the might of the State Government in order to establish a lower primary school- a demand that is completely in consonance with the law and the Constitution and there is a conspicuous failure on the part of the State Government in acknowledging this demand.

The petitioner, a resident of Elambra, filed the instant PIL. As per the facts, the village is located on the outskirts of Manjeri Municipality and is a socially and educationally backward area. There are no primary schools within the radius of 3 km and during the last 30 years, the local residents have been making continuous effort to get a new Government LP School at Elambra. Several representations were submitted before the concerned authorities concerned, including the Minister of Education, all of which yielded no result. The petitioner further submitted that the concerned authorities have conducted several inspections and had submitted their reports, which were ignored by the Government. P. Venugopal representing the petitioners argued that the Government failed to discharge the duties cast upon them under Section 19 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 r/w Section 3(3) of the Kerala Education Act, 1958. The petitioner also presented Reports prepared by Manjeri Dy. District Education Officer and Malappuram District Educational Officer; Order issued by Kerala State Human Rights Commission and Kerala State Child Rights Protection Commission (hereinafter Commissions); all of which were clear on the point that Elambra is a remote area with the closest primary schools situated 5 km away and the Government is constitutionally and statutorily obligated to take concrete steps for providing basic educational infrastructure. The respondents were represented by Surin George Ipe.

The Court perused the facts; contentions; the Reports and relevant Supreme Court cases highlighting the Right to Education as a fundamental right. The Bench taking into account international conventions such as the Universal Declaration of Human Rights and Convention on the Rights of the Child observed that, Right to Education is not only a fundamental right but it is also a Human Right. The Court delved in-depth on the evolution of a child’s right to education and the obligations of the State in relation to it. Taking into consideration statutes such as the Right of Children to Free and Compulsory Education Act, 2009, Commissions for Protection of Child Rights Act, 2005, Right of Children to Free and Compulsory Education Rules, 2010 and the concerned State legislations, the Court noted that that the people of Elambra have been demanding establishment of a Government Lower Primary School, whereas the State Government, without considering the reports of local educational authorities, by erroneously applying the Rules and not following the relevant statutory provisions particularly Section 3(3) of Kerala Education Act, 1958, Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 6 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, have denied sanction for establishment of a Government LP School in Elambra. The Court concurred with the reports presented by the local educational authorities which have clearly recorded that the area in question is educationally backward with no proper transport facility. There are Upper Primary and High schools in and around the locality within a distance of 2-5 kms. There is no Government LP school within the radius of 3 kms and people are depending upon schools, which are not within the neighbourhood of Elambra. The Court also noted that since the respondents did not challenge the Orders issued by the Commissions, therefore they cannot argue that such Orders are not binding on them. [T. Muhammed Faisi v. State of Kerala, 2020 SCC OnLine Ker 2981, decided on 29-07-2020]

Law School NewsOthers

The Convention on the Rights of the Child (CRC), the first international convention on child rights was signed in 1989 and has led to great progress in safeguarding human rights of the children. It has resulted in major changes in laws to ensure better protection for children and has even altered the manner in which international organizations see their work for children. The convention has also resulted in better protection of children in situations of armed conflict. To mark the 30th year of CRC, NALSAR’s Centre for Child and Youth Justice, in collaboration with UNICEF, is organising this competition to encourage students to deliberate on the intersection of International Humanitarian Law and Child Rights.

FORMAT OF THE COMPETITION

Assessment Round – An Assessment Round will be conducted to test the team’s knowledge and prior experience in child rights and International Humanitarian Law. Interested teams are required to answer 2 basic International Humanitarian Law and Child Rights questions and send it to the organizers along with one motivation letter per team. Based on this, 15 teams, comprising of either 2 or 3 members each, will be selected for the oral rounds at NALSAR University of Law, Hyderabad.

Oral Rounds – The teams will be required to analyse a fictional conflict (main problem) given to them upon qualifying for the Oral Rounds. The teams are required to identify primary legal and other issues from the given fictional conflict. During the rounds, each team will be given time to firstly put forth their stance on the legal issues at play, and how the parties figure into them. This will involve putting forth arguments, outlining how other parties have violated the International Humanitarian law and Child Rights.

PARTICIPATION AND ELIGIBILITY

Students of any University offering any legal undergraduate, graduate or postgraduate Degree Course are eligible to participate in this competition. A Team may consist of members from more than one Institution. There is no cap on the number of teams that can participate from one Institution.

Each team shall comprise of a minimum of two members and a maximum of three members. In any given round only two members will act as oralists while the third member acts as an observer. Substitutions amongst Team Members is allowed after the end of each oral round.

REGISTRATION FEE

There is no registration fee to participate in the Assessment Round.

After the Assessment Round, the qualifying teams must register by paying a registration fee of Rs. 9000/-. This fee is inclusive of stationary, food and 2 nights stay (April 12 & 13). Participants wishing to stay beyond the above mentioned dates will have to register for the same and pay a nominal charge of Rs. 800/- per person per day.

IMPORTANT DATES

  • Submission of Assessment Round Applications: March 8, 2019 11:59 PM
  • Declaration of Selected Teams and Wait-listed Teams for the Oral Rounds and Release of the Competition Problem: March 10, 2019
  • Final date of Registration for Oral Rounds: March 17, 2019
  • Oral Rounds: April 13 & 14, 2019

AWARDS

  • Winning Team Award: The winning team will receive a trophy, medals and a cash prize worth Rs. 25,000/-
  • First Runners up Team Award: The First Runners up team will receive a trophy, medals and a cash prize of Rs. 15,000/-
  • Second Runners Up Team Award: The Second Runners Up team will receive a trophy, medals and a cash prize of Rs. 10,000/-
  • Best Oralist in finals shall receive a trophy and a cash prize of Rs. 7,500/-
  • Best Oralist prelims shall receive a trophy and a cash prize of Rs. 7,500/-
  • Every Participant selected for the Oral Rounds shall receive an Online Course by Enhelion Knowledge worth at least Rs. 2500/-

CLARIFICATIONS REGARDING THE COMPETITION CAN BE SOUGHT FROM

Harsh Mahaseth – Head – Core Team: +91 9502321237

P Avinash Reddy – Member – Core Team: +91 9032224907

Ayushi Bansal – Member – Core Team: +91 9166386242

E-mail ID: ihlnalsar@gmail.com

Competition_Rules

Application Packet