Abhishek Das
03 September 2019
Constitutional Rights:-
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.
Sec 66 A, of Information Technology Act. Punishment for sending offensive messages through communication service, etc. ( Introduced vide ITAA 2008)
Any person who sends, by means of a computer resource or a communication device,-
a) any information that is grossly offensive or has menacing character; or
b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to two three years and with fine.
Other related sections Under Indian Penal Code:
Section 507 of IPC: Deals with criminal intimidation by anonymous communication and can be effectively used by women facing harassment and threats online, particularly rape threats. Due to the inclusion of the term ‘anonymous’, the section covers the proliferation of trolls in the virtual world. It allows a victim to lodge a complaint without knowing the true identity of the harasser.
Section 499 of IPC (Defamation): whoever by using words, signs, visible representations, makes or publishes any imputation concerning any person and intends to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said to defame that person.
Section 509 of IPC: word, gesture or act intended to insult the modesty of a woman.
