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Legal Rights Every Student in India Should Know

Legal Rights Every Student in India Should Know

Edited By Ritika Jonwal | Updated on May 02, 2024 11:32 AM IST

What are rights? What do they construe for? Why are they so important for everyone? This article is an instrument for delivering all the ideas. The Legal Rights Every Student in India must know.

Let us understand what are Rights, 'Legal, social, and ethical principles that specify what a person or entity is entitled to or due are known as rights in the legal domain. They set guidelines and standards for the proper interactions between people and institutions.'

The Legal Rights Are Divided Into Three Categories:

Legal rights are classified broadly into three major categories Legal, Moral and Social rights. Let's study them in brief what they mean and how they are different from each other.

Legal Rights

These rights are enforceable by law as in if your legal right is violated, one can take legal action against the violator or infringer via the court system.

Examples: right to a fair trial, freedom of speech, or protection from property seizure without due process.

Moral Rights

Moral rights are such a class of rice in which the enforceability is not a direct part it is based on ethical principles and societal norms.

Examples: right to life, the right to privacy, or the right to be treated with dignity.

Social Rights

As the words suggest social rights these write our such that benefit the individuals and contribute to a well functioning of the society they are not only ensign in the national constitution but also in the international cities which are ratified by various Nation states.

Examples: the Right to education, the right to healthcare, or the right to work.

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Legal Rights Every Student in India Should Know

Rights are the basic human consonant as they not only give equality but also protection to every one of its subjects. They are positive to individuals but sometimes negative to the state as subjects exercise it against it. It has two faces of the same concepts. One must be aware of the rights one has to protect themselves against arbitrary behaviour. The Students and even the people of India should be aware of various legal rights that protect them. Hence, below mentioned are some of the legal rights of students in India they should be aware of.

Fundamental Rights:

  1. The right to equal treatment (Article 14): Prohibits discrimination on the grounds of religion, racial origin, caste, gender, or birthplace. This is applicable in various areas such as education, work, and public places. Under the right to equal treatment, the government may classify people for particular purposes. However, the classification should be fair and not arbitrary.

  2. The Right to Liberty (Article 19): Understand Article 19(1): a to (g)The right to speak, speak, assemble, associate, move, reside, and practice any profession Understand reasonable limitations. Restrictions can be applied over such freedom if it affects the sovereignty, integrity, public morality and decency or if it affects the large masses of the population. However, the rights Protect and give freedom to exercise the rights.

  3. Right to life and liberty (Article 21): The article states that no person's life or liberty must be hindered unless it is a procedure established by law. The umbrella of Article 21 has such a repository semblance that it includes privacy, environment, education, religion, speedy trial and whatnot. Understand. how the right to life can be interpreted to include rights such as privacy, a clean environment and access to legal aid.

  4. Right to Education (Article 21A): A relatively new fundamental right that provides free and compulsory education to all children between the ages of 6 and 14. Understand the impact of the RTE Act, of 2009, which establishes this right.

  5. Cultural and educational rights (Articles 29 and 30): Culture and education can be closely related to each other as it not only shape the society but also the laws. Protects the right to preserve one's language, script and culture. Understand how this right applies to minority communities and educational institutions.

Legal Rights Every Student in India Should Know
Legal Rights Every Student in India Should Know
  1. Right to Constitutional Remedies (Article 32): Gives individuals the power to approach the Supreme Court and High Court to enforce fundamental rights through writs such as Habeas Corpus (to challenge illegal detention) and Mandamus (to compel an official to perform a legal duty, Prohibition (to prohibit) , certiorari (to quash), quo warranto( by what authority)

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Rights after being arrested:

1. Right to be informed - If a person is getting arrested, they have a right to know what crime they are suspected of committing. The police should have the arrest warrant to arrest the person and the person has the right to see that warrant.

2. Right to see a Lawyer - During the questioning after the arrest, an individual has the right to see a lawyer. The person can take the help of any family member or friend to choose a lawyer at any time after the arrest.

3. Right to be brought before the nearest magistrate in 24 hours - A person will have the right to be brought before the nearest magistrate in 24 hours. These 24 hours will be counted starting from the place of arrest. Travel time is excluded in these 24 hours.

4. Right to bail - An arrested person will have the right to plead in court for bail. It will depend upon the seriousness of the offence. The judge decides whether the suspicion can be released on bail based on the nature of the crime. Please note, applying fo bail does not mean the person is free, it only means that the person is not in jail but has to appear in the police station or court whenever called.

5. Right to medical examination - After arrest, if a person is suffering from injuries, they will have a right to a medical examination.

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Right to information:

The Right to Information (RTI) Act, of 2005 allows Indian citizens to access information held by government agencies. It promotes transparency and accountability in governance. Given below are few important sections that are related to student rights in India. Sections are as follows :

Important Sections

Section 3: Gives every citizen of India the right to information.

Section 4: Enables authorities to maintain records and proactively disclose certain information.

Section 6: Provides a simple procedure for filing RTI applications.

Section 7: Establishes deadlines for public submission of information. records Public Officials (PIOs).

Section 8: Defines exceptions to disclosure that balance transparency and legitimate concerns.

Accessed through RTI: About is related to the action of the authorities. Copies of records and documents Reasons for the decision of the authority.

Printing of RTI application: You can send a written application to the PIO of the relevant authority. A nominal fee may apply.

Time Duration: PIO must respond within 30 days (extendable by other parties). 30 days with justification).

Rights Protect Individuals, Rights safeguard individuals from arbitrary actions by the government or other powerful entities. It promotes equality and ensures that everyone is treated fairly and has access to necessities and opportunities.

It also Limits Power, Rights limit the power of the government and other institutions, preventing them from infringing on individual freedoms. Majorly, it Promotes Social Order: By establishing clear expectations, rights contribute to a more stable and predictable social order. One thing to be always kept in mind is if you have rights you have duties too …..your rights must not affect others.

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Frequently Asked Question (FAQs)

1. What are the fundamental rights of students in class?

Freedom of speech and expression, Right to religion, Right to life and protection against bias are the key fundamental rights that protect students from any harm.

2. Can a school detain a student?

The answer is yes or no both, if a student is found with any substance or doing some nuance then he can be detained whereas unnecessary detention is prohibited. 

3. Can a principal kick a student out of school?

If the student is found doing an act which is not acceptable or violates the rights of others then a principal can suspend or kick out students.

4. What are the student rights in the Constitution?

Right to education, Right to equality, Right to religion, Right against no discrimination, Right to play, Right to go against the person who hit him/her. These are the basic rights available for a student


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