Fundamental Rights Archives - Page 2 of 3

Guide to Lawful Protesting

How can this guide help you?

The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests, steps to follow to take necessary permissions from the police or other relevant authorities, and your rights as a protestor.

What are the laws being discussed in this guide?

To discuss the relevant laws in place under which you need to acquire permissions to carry out protests, it is important to note that ‘law and order’ is a subject covered under the State list in the Constitution of India, 1950. This means that every State has the power to make its own laws and rules that govern law

RIGHT TO PROTEST

As a citizen of India, your right to protest flows from two fundamental rights guaranteed to you under Article 19 of the Constitution of India, 1950 – freedom of speech and expression and the right to assemble in a public place without arms. However, it is important to know that this right is not an unconditional right and comes with certain limitations and requirements. This means that you can exercise your right to protest by way of a peaceful public gathering provided you take all necessary permissions from authorities and maintain public order while doing so.

Where to apply?

You need to get a No Objection Certificate (NOC) from the police station within whose jurisdiction you have planned the public gathering for the protest. Some police departments may have a specific form or permission that

Details to include in the application

This application for the NOC or any specific permissions for the protest must have the following details:

Your name, address, and contact number, along with details of other organizers of the protest.

How to submit the application

Your application can be in a simple letter format with the above mentioned contents if the police department in your city does not have a specific form to be filled.

Can permission for a peaceful protest be denied?

Yes, police authorities can deny permissions for protests. While you have a right to protest, you must know that this is not an unconditional right. There are certain reasonable restrictions² imposed by the Constitution of India, 1950 on this right under which the police can deny your request. The police can deny your

Can permission for an ongoing protest be revoked?

Yes, permissions for ongoing peaceful gatherings or protests can be revoked by imposing a prohibitory order under Section 144 of the Code of Criminal Procedure, 1973. It is often colloquially referred to as imposing a curfew in a particular area.

If permission is denied, can you appeal?

If your application for holding a public gathering or a rally for a protest gets denied by the Senior Inspector of the police station or the Deputy Commissioner of Police(DCP), you can make an appeal to the Additional Commissioner of Police(ACP).

PROHIBITORY ORDERS OR CURFEWS

A prohibitory order is an order passed by either the District Magistrate, Sub-Divisional Magistrate or Executive Magistrate empowered by the State when immediate prevention is required and when such orders or direction would prevent or is likely to prevent:

Any obstruction, annoyance or injury to any person or a danger to human life
Health, safety, or disturbance of public tranquility
Riot or an affray

A Section 144 order is directed either to individuals or a group of persons residing in a

What happened in the Ramlila Maidan Case?

In 2011, there were mass protests in the country against the rising corruption. One of the groups protesting was Baba Ramdev and his supporters at the Ramlila Maidan in New Delhi. On the midnight of 4-5 June 2011, a prohibitory order under Sec 144 was imposed and protestors were forcibly evicted.

Key steps to follow

Always remember to follow the steps given below during any protest:

Carry permissions with you: Please make sure that you and all other organisers of the protests have copies of the permissions granted to you for the protests along with any other permissions for use of loudspeakers, tents, etc.

Maintain public order: As an organiser or participant of a protest, it is your fundamental duty to maintain public order and peacefully voice your opinions. Your right to exercise your fundamental right to speech and expression should not violate the rights of other citizens not participating in the protest to access public places or services.

In 2020, the Supreme Court delivered a judgement in the context of the Shaheen Bagh protests opposing the Citizenship (Amendment) Act, 2019. In its judgement, the Court said that while citizens have the right to peaceful protest, demonstrations which exhibit dissent should take place only in designated places. The Court also said that public ways and public spaces cannot be permanently occupied by protesters, and the right to protest must be balanced with the right of commuters to conveniently access public roads and pathways.(( Amit Sahni v. Commissioner of Police and Ors. CA No. 3283 of 2020, Supreme Court of India))

If you are a woman, please note that your arrest can only be carried out by a woman police official. It is also important to note that women cannot be arrested between sunset and sunrise, i.e. 6 PM and 6 AM. In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate. To know more about the law on arrest, please read Nyaaya explainer on Arrest.

What are your rights if you are arrested during a protest?

During the course of a protest, if you, as an organiser or a participant, are arrested, you have the following rights:

Right to inform a family member or friend of your arrest
Right to access a lawyer. If you can’t afford a lawyer, you can request the services of the District Legal Services Authority.
Right to be informed about the charges being levied against you that are recorded in the arrest memo
Right to read and examine the arrest memo before signing it. You must also be given a copy of this arrest memo.

RESOURCES

Emergency Numbers:

Police Control Room – 100/112
Ambulance – 102
Fire Brigade – 101

Police Contact Numbers

Delhi Police Contact Numbers, given here
Mumbai Police Contact Numbers given here
Bengaluru City Police Contact Numbers given here
Kolkata Police Contact Numbers given here

CHECKLIST

Check if there is a curfew or any prohibitory orders like Section 144 in the area you want to protest in
Apply for an No Objection Certificate (NOC) from either the local police or the Deputy Commissioner of Police(DCP) office
Mention the correct details in the NOC application including duration of protest, reasons for protest etc.
Obtain separate permission for loudspeakers and tents for the protest
Make arrangements for first aid, water etc. during protest
Ensure that the protest is peaceful and without violence

What is Article 19?

The Constitution of India, 1950 guarantees certain ‘fundamental rights’ to both citizens and non-citizens. These rights, placed under Part III of the Constitution (i.e. Articles 14 to 32), are a set of basic human rights that protect people against unreasonable actions by the government. Among these provisions is Article 19, which guarantees protection of certain rights regarding freedom of the individual. Article 19 does two things – first, it confers six basic freedoms to all Indian citizens, and second, it specifies the circumstances under which the government can limit these freedoms.

What does Article 19, clause (1) of the Constitution say?

Article 19, clause (1) guarantees six rights to all the citizens of India. The rights are listed under sub-clauses (a) to (e) and sub-clause (g) of clause (1) of Article 19. Together these rights promote the ideal of liberty envisaged in the Constitution. The rights guaranteed under Article 19(1) are not absolutely free from limitations. They are subject to a corresponding set of reasonable restrictions given under Articles 19(2) to 19(6).

Police Arrest With Warrant

An arrest is when a person is physically detained by the police. No person can be detained by the police without being informed of the reasons and the basis in law for their arrest.

Generally, the police need a warrant to arrest someone. Crimes for which a warrant is required are called non-cognizable offences. On receiving information of a non-cognizable crime, the police must take permission from the Magistrate to arrest someone. This permission from the Magistrate is known as a warrant.

Request to Obtain Information

The RTI application can be in either English, Hindi or the official language of the area. The application should be in writing. It can be submitted personally, through post, e-mail or through online portals. For public authorities under the Central Government, there is an online forum where RTI applications can be made directly. You can also access step-by-step guidelines on how to send an application through the online portal.

If someone cannot make the request because they are illiterate or unable to write, the Public Information Office (PIO) has a duty to help the person so that they can take down the request and put it in writing. If the application is sent to the wrong public authority by mistake, the PIO who receives this application has a duty to transfer it within five days.

Free and Compulsory Education

The Right to Education is a fundamental right guaranteed under Article 21A of the Constitution of India, 1950.¹ The law guaranteeing the right to education is known as the Right of Children to Free and Compulsory Education Act, 2009. Every child between the age of 6 to 14 years, that belongs to disadvantaged groups including children who are differently-abled, children belonging to scheduled caste or scheduled tribes etc. as well as children belonging to all income groups shall have the right to free and compulsory education in the neighbourhood school till the completion of their elementary education which is from Class 1 to Class 8.²

Parents of such children do not have to pay any fee, charges or expenses to help their children receive elementary education.³ Every child who is enrolled in school for elementary education will also be provided with a nutritious meal, free of charge on all days except school holidays.⁴

Mohini Jain v. State of Karnataka, (1992) 3 SCC 666. [↩]
Section 3(1), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 3(2) The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 3, The Mid-day Meal Rules, 2015. [↩]

What are the Freedoms guaranteed under Article 19?

Article 19, clause (1) guarantees six fundamental rights to all citizens. These rights are:

(a) The right to freedom of speech and expression;

(b) The right to assemble peaceably and without arms;

(c)The right to form associations or unions;

(d)The right to move freely throughout the territory of India;

(e)The right to reside and settle in any part of the territory of India; and

(g)The right to practise any profession, or to carry on any occupation, trade, or business.

Why is clause (f) of Article 19 missing? What did it provide for?

In 1950, when the Constitution came into force, Article 19(1) guaranteed seven rights. The seventh right, contained in Article 19(1)(f), was the fundamental right to property. This right contained citizens’ right to buy, own and sell property.

However, through the 44th Constitutional Amendment in 1978, the right to property ceased to be a fundamental right. Article 19(1)(f) was deleted from the Constitution. At the same time, Article 300A was inserted, which recognises the right to property as a constitutional right. It guarantees that no one can be deprived of their property except as per the procedure laid down in law.

So, if someone breaches your right to property, you should approach the High Court under Article 226 of the Constitution of India. To know more about constitutional remedies, check out our explainer.

RTI Application Fees

There is an application fee that varies for the Centre and for States. For public authorities under the Central Government, this is Rs. 10. For public authorities under the State Governments, please check rules applicable to each state here.

In addition to the application fees, there is also a fee for the information to be delivered (depending on format/number of pages). For the fees applicable to public authorities under the Central Government, please check the RTI Rules, 2012. For the fees applicable to public authorities under the state, please check the individual state rules.

The PIO can ask you to pay more fees for the information but will, however, have to justify the higher fee with proper calculations. The time period between the notice for increased fees and its payment will be excluded from the 30 day period within which you were originally supposed to have received your information

Admission Process into Schools

All children between the ages of 6 to 14 years can get education from schools, free of cost, from the 1st standard (first class) till the 8th standard (eighth class).

Approach the Neighbourhood Schools

Children can attend classes in neighbourhood schools. These neighbourhood schools are schools established within a walking distance of:

one kilometre from the child’s neighbourhood (if the child is in class I to V) and
three kilometres (if the child is in class VI to VIII).¹

However, the law does not restrict the education of children to neighbourhood schools.² The child is free to enrol in any school despite the distance from the child’s neighbourhood to receive an education free of cost. However, it is important to note that a child can receive education only from those schools established, owned (e.g. state established schools like Kendriya Vidyalaya, Aarohi schools in Haryana etc.), controlled or substantially funded directly or indirectly by the government or local authority. So if a child is admitted to schools other than those given above, their parents cannot make a claim for reimbursement of expenses for the child’s education.³ This, however, does not include admissions under the 25% reserved admissions for disadvantaged groups.⁴ The admission process for schools covered by the Right to Education varies from state to state. However, certain practices are common. For admitting a child to the school, the following are the common practices across states:

Filling Admission Forms

Parents are required to fill a form provided by the requisite state governments. These forms are available on the government portal as every state has a separate portal for admissions. Some examples are Punjab, Maharashtra etc. You can also approach neighbourhood schools to obtain the form.⁵ The form includes basic information like the family details, address etc. It also provides for choosing preferred schools in case of unplanned admissions. A maximum of five schools can be provided as preferences.⁶

Providing Identification Documents

Certain documents are mandatory to be submitted. These documents include the child’s ID as proof of age (may entail a birth certificate, Anganwadi record, Aadhar card etc.) and parents’ IDs. Forms also enlist the provision of documents such as the family’s ration card, income certificate, caste certificate as well as relevant certificates highlighting the special needs of children. Such a filled form may ordinarily be submitted to the neighbourhood school. Since certain states have made the entire process online, so the application may be carried on the government portal.

School Fees and Expenses

Children can get admission to schools without paying any fees or expenses.⁷ The right to education law in India prohibits invocation of any fees prior to the admission of a child. No school is allowed to charge any capitation fee which refers to any kind of donation or payment other than the school fee.⁸

No Screening Procedure for admission

Moreover, schools cannot subject the child or the parents to any form of screening procedure before admission. A screening procedure may involve any test or interview of the child or the parent for the purposes of admission to the school.⁹The school should randomly select the children and employ an open lottery method for filling up vacant seats. This can be done in the form of writing the names of the children on paper slips and then randomly picking them out of a container to ensure transparency. Schools may be fined up to Rs.25,000 for the first contravention of this provision and may extend to Rs.50,000 for any subsequent contraventions.⁹

Rule 6, The Right of Children to Free and Compulsory Education Rules, 2010. [↩]
The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 8, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Guidelines for Parents w.r.t. Admissions in Entry Classes i.e. Nursery / KG /Class-I in Government Sarvodaya Vidyalayas for the Academic Session 2020-21, Government of Delhi NCT, available at, http://edudel.nic.in/upload/upload_2019_20/249_251_dt_27022020.pdf [↩]
Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF [↩]
Section 3(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 13(1), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 13, The Right of Children to Free and Compulsory Education Act, 2009. [↩] [↩]

Who enjoys the Rights guaranteed under Article 19 of the Constitution?

Article 19 rights are restricted to citizens alone. These rights are not available to anyone who is not a citizen of India¹ or who cannot be a citizen of India.² In other words, these rights are not available to a foreign national or someone who has given up their citizenship of India or whose Indian citizenship has been terminated.

Registered companies and societies are not considered citizens under Article 19. However, if a state action limits the rights of a company and as a result, the rights of the shareholders of that company are infringed, the shareholders enjoy the rights under Article 19 as citizens of India. So, the fundamental rights of citizens are not lost when they form a company or society.³

Hans Muller v. Superintendent. Presidency Jail, Calcutta, AIR 1955 SC 367 [↩]
Dharam Dutt v. Union of India, (2004) 1 SCC 712 [↩]
Bennett Coleman and Co. v. Union of India, (1972) 2 SCC 788 [↩]

Processing of an RTI Application

The PIO can take 30 days to process an RTI application and provide the information that is requested. If the application is made to an APIO, the information must be provided in 35 days time. If the information has some serious consequences on a person’s life and is needed urgently, the PIO should give the information within 48 hours.

Under this law, the PIO can refuse to answer certain applications. Please read Section 8 and 9 of this Act to figure out which information would be generally exempted from this Act.

If the information is not given within 30/35 days, you have to assume that the PIO/APIO denied your request for information. Further, the PIO cannot charge anything other than the application fee for the information.

Different Categories of Schools

The schools given below have the responsibility to make provisions for the free and compulsory elementary education of children.

Schools established, owned or controlled by the government or a local authority

Such schools have a responsibility to provide free and compulsory education to all children admitted. For example, schools run by the New Delhi Municipality Council or the Delhi Cantonment Board.

Aided schools

Aided Schools refer to privately established schools receiving full or part of their funding by the government or local authority in the form of aid or grant.¹ Free and compulsory education should be provided to a minimum of 25% of the children admitted and to such proportion of children as its annual recurring aid or grants so received bears to its annual recurring expenses.

Specified category schools and unaided schools not receiving any kind of aid or grants from the government

A school belonging to a specified category refers to schools such as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik Schools or other schools that have a distinct character and are specified by notification by the appropriate government. Apart from special schools even unaided schools that do not receive any grants or funds from the Government are covered under the law² In such schools, children shall be admitted in class I, to the extent of 25% of the strength of the class, till the completion of elementary education. This proportion comprises children belonging to weaker sections and disadvantaged groups such as those belonging to economically weaker sections of society.³

The above-mentioned strength of 25% of the class also applies to pre-school education, if any of these schools provide for the same.

Minority Schools

Minority schools are schools run by members of a minority group. Minorities are religious groups other than Hindus, such as Christians, Muslims and Parsis. They are also groups in a state who don’t speak the main or official language of the state, such as Tamilians in Haryana or Gujaratis in Karnataka.

The Constitution of India allows minorities to run schools in their own way so that they can protect their culture and language. This means that minority schools don’t have to follow all the rules which apply to other schools and do not fall within the ambit of the Right to Education Act.

Section 12(1)(b), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 2(p), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009. [↩]

Who has the Duty to Uphold the Rights under Article 19?

The duty to uphold Article 19 rights of citizens lies with the State. If a state action causes breach of any of these rights, it can be challenged in an appropriate court of law. You can read more about how to challenge such breaches in our explainer on Constitutional Remedies.

Broadly, State includes not only the Legislature (which enacts law), Executive (which formulates policy and is responsible for its execution), and the Judiciary (which adjudicates disputes), but also includes local bodies (such as Panchayats and Municipal authorities) as well as other authorities (which includes agencies or instrumentalities of the State or bodies or institutions which discharge public functions of the government).¹

Ramana Dayaram Shetty v. International Airport Authority of India, (1979) 3 SCC 489 [↩]

Refusing an RTI Application

When the PIO refuses your RTI application, they have to tell you:

Why was the request refused?
Details of whom you can approach to appeal against this refusal.
How much time do you have to file this appeal?

If the PIO has not replied with information or has refused to give you the information unlawfully, you can appeal to an officer senior in rank to the PIO or file a complaint with the Central or State Information Commission.

Denial of Admission into Schools

No child can be denied admission to a school¹, irrespective of the time in the academic year in which admission is sought. Ideally, all children should be enrolled in school at the beginning of the academic session. However, schools may need to be flexible to allow admission at any time during the session.

Special Training

Children admitted after six months of the beginning of the academic session may be provided Special Training as determined by the Head Teacher of the school to enable him/her to complete studies.² Special Training ensures that out-of-school children are integrated into the school system. Such support will be in the form of residential or nonresidential courses, as needed and such children will continue even beyond 14 years of age to complete elementary education

Prohibition of physical punishment and mental harassment

No child can be subjected to physical punishment or mental harassment at the hands of the school authorities. Physical harassment includes causing physical harm to children by hitting, pulling their hair, slapping, hitting with any object (ruler, chalk) etc. Mental harassment includes mocking the child with regard to his/her background, caste, parental occupation or shaming the child to improve their performance. Individuals may be subjected to disciplinary action under the service rules applicable to them upon subjecting the child to the same.³

Prohibition to expel children

No child can be expelled from school until they have completed their elementary education.⁴

Section 15, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Rule 14, The Right of Children to Free and Compulsory Education Rules, 2010 [↩]
Section 17, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 16(4), The Right Of Children To Free And Compulsory Education (Amendment) Act, 2019. [↩]

Are Rights under Article 19 Absolute?

The rights guaranteed under Article 19(1) are not completely free from restraint. Each right is subject to a different set of reasonable restrictions. These reasonable restrictions are listed under clauses (2) to (6) of Article 19 [Article 19(2) – Article 19(6)].

Fundamental right under Article 19	Grounds for corresponding restrictions
Freedom of speech and expression	Article 19(2) sovereignty and integrity of India security of the State friendly relations with foreign States public order decency or morality contempt of court defamation incitement to an offence
Freedom to assemble peaceably and without arms	Article 19(3) sovereignty and integrity of India public order
Freedom to form associations or unions	Article 19(4) sovereignty and integrity of India public order morality
Freedom to move freely throughout the territory of India	Article 19(5) in the interests of the general public for the protection of the interests of any Scheduled Tribe
Freedom to reside and settle in any part of the territory of India	Article 19(5) in the interests of the general public for the protection of the interests of any Scheduled Tribe
Freedom to practise any profession, or to carry on any occupation, trade or business	Article 19(6) in the interests of the general public the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or the State or a State owned/controlled corporation can carry out any trade, business, industry or service, excluding citizens completely or partially

Penalties for withholding/providing wrong information

The Central or State Information Commission can impose a daily penalty of Rs. 250 on the PIO who has withheld information or provided wrong information. This has to be paid until the information is provided. However, the total amount of the penalty should not exceed Rs. 25,000.

The PIO has to be given a chance to present their case before the penalty is decided – however, the burden is on them to prove that they acted lawfully. Disciplinary action can also be taken against the PIO in accordance with their service rules.

Curriculum and Evaluation Procedures in Schools

Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state. For example, the Delhi SCERT and the Uttarakhand SCERT are responsible for the curriculum in their respective states. The state curriculums must, however, be prepared according to certain common principles:¹

The state curriculums and evaluation procedures must include a comprehensive and continuous evaluation of the child’s understanding of knowledge.

It should focus on the all round development of the child in a child-friendly manner.
As far as possible, the medium of instruction should be the child’s mother tongue.

Section 29(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]

Does ‘Reasonable Restriction’ mean Complete Prohibition?

If a state action completely prohibits an Article 19 right, the court should test the constitutional validity of that action based on the facts and circumstances of the case. In some cases, a total prohibition may be a reasonable restriction, while in others it may not.¹ For instance, a complete ban on carrying out dangerous trades or businesses, such as cultivation of drugs, or the sale of liquor may be considered a reasonable restriction. At the same time, a total prohibition on the sale or purchase of meat during a particular religious festival may not be considered reasonable.

Narendra Kumar v. Union of India, AIR 1960 SC 430 [↩]

Appealing an RTI Application

If you do not receive a decision from the PIO within 30 days, you can file an appeal against the decision of the PIO before an officer who is senior to the PIO. You need to file this appeal within 30 days. This time period may be extended if the officer feels that the delay is justified.

Usually, the public authority will state who the appellate authority is on its website or at its office. This will be an officer who is senior in rank to the PIO. A third party can also file an appeal within 30 days of the date of the order by the PIO.

If you are not satisfied with the first appeal decision, you can make a second appeal within 90 days to the Central Information Commission or the State Information Commission by following the suggested format for the second appeal.

The responsibility of proving that the refusal to provide information was justified lies squarely on the PIO who refused this information. The Information Commission should finish the appeal in 30 days. This can be extended to forty-five days with reasons being recorded for the extension.

In order to make a decision, the Information Commission can ask the public authority to:

provide information in a particular manner
appoint a PIO
publish relevant information
manage records properly
conduct training programmes for officials
provide an annual report
provide compensation to any complainant

It can also impose penalties and reject specific applications.

Detention Policy

A regular examination is conducted in the fifth class and eighth class at the end of each academic year.¹

If a child fails an examination conducted, he/she is provided with additional instruction and granted an opportunity for re-appearing for the examination within two months from the declaration of the result.² The students may be held back in the fifth or eighth standard if they fail in the re-examination.³ The discretion for the same lies with the Government.⁴ States such as Delhi and Gujarat have implemented this to hold back students who fail their re-assessment in classes 5 and 8.

This no-detention policy states that:

No child can be expelled from the school till the completion of elementary education.⁵
No child can be expelled from the school for failing to clear the examination.
No child shall be required to pass any Board examination till completion of elementary education.⁶

Section 16(1), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 16(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 16(3), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 30, The Right of Children to Free and Compulsory Education Act, 2009. [↩]

Can the Rights under Article 19(1) be Suspended?

Article 358 provides that Article 19 rights can be suspended if a national emergency is proclaimed on the grounds of war or external aggression.

For instance, during the 1971 war between India and Pakistan, a national emergency was proclaimed and Article 19 was suspended. A fresh proclamation of emergency was made later in 1975 on the grounds of internal disturbance, which suspended the fundamental rights under Article 19 till 1977.

Exempted Information under RTI

If your application requests the following kinds of information, the public authority can lawfully refuse to give you:

Information that affects the security and economic interests of the government with another country
Information that is banned from being published by any court or tribunal
Information that would result in a breach of privilege of the Legislature
Information that would harm commercial interests
Information that arises because of a relationship based on trust
Information from a foreign government which was given as a secret
Information that exposes whistleblowers or endangers lives
Information that would cause difficulty to police investigation or arrests in criminal cases
Records of the Cabinet Ministers (reasons and materials can be made public after the decision is made)
Personal information (however, such information has to be revealed to the Parliament or State Legislature if asked for)

If the release of the information causes copyright infringement, the PIO can refuse the request for information. Furthermore, the exemption does not apply if the information requested is more than 20 years old. In such a case, it must be given to the applicant. However, information relating to security and economic interests with another country, breach of parliamentary privilege and Cabinet proceedings can be denied even if it is more than 20 years old.

What is the Right to Freedom of Speech and Expression under Article 19(1)(a)?

The right to freedom of speech and expression denotes the liberty to express one’s views, opinions and beliefs by the words, writing, art, pictures, etc. This is available to a person, a corporation, press, commercial advertisers, artists, etc.

It has the following variation (if applicable)

Media Freedoms
Freedom of artistic expression
Commercial Speech
Political expression
Right to know

Complaining About an RTI Application

If you have a complaint about the way in which the PIO handled your RTI application, you can approach the higher authorities established under this Act – the Central Information Commission or the State Information Commission. They have a duty under this Act to inquire into your complaint. You can make a complaint in the following situations:

When the public authority has not appointed a PIO in the first place;
When a PIO has refused to give information;
When a PIO has not given you information within the allowed time;
When the PIO has asked for too many fees for giving you the information; and
When the PIO has given you incomplete or wrong information.

If the Commission is convinced that there are reasonable grounds in the complaint, it has to initiate an inquiry into the matter. For the purpose of conducting an inquiry, it has the same powers as a civil court. This means that it can ask for people to come and be witnesses or submit relevant documents as evidence, inspect these documents, and ask for any public records.

Responsibilities of Schools

Norms and Standards to be followed by schools

The right to education law prescribes that the Pupil-Teacher Ratio should be maintained at 30:1 for first class to fifth class and 35:1 for sixth class to eighth class.¹ It also provides that there should be²:

At least one classroom for every teacher
Separate toilets for boys and girls
Barrier-free access
A playground
Safe and adequate drinking water facility for the children
A kitchen where mid-day meals can be cooked in the school A library in each school provides newspapers, magazines and books on all subjects, including story-books.³
A teacher also needs to have a minimum of 45 working hours per week including preparation hours.⁴

Creation of a School Management Committee

All schools run by the government or substantially aided by it are mandated to form a School Management Committee (SMC). The SMC comprises the elected representatives of the local authority and the parents, with ¾ of the committee composed of parents of the children, admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, which will be the basis for plans and grants made by the respective State Government or local authorities.⁵

Provide meals to the children

The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost.⁶ The funds for such meals shall be provided by the state government. However, implementation of the scheme and monitoring of the quality and preparation of the meal is overseen by the School Management Committee.⁷ These meals should be provided on all days except school holidays and should be served at school.⁸

Schedule I, Item 1, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Schedule I, Item 2, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Schedule I, Item 6, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Schedule I, Item 4, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
Rule 7, Mid Day Meal Rules, 2015. [↩]
Rule 3, Mid Day Meal Rules, 2015. [↩]
Rule 4, Mid Day Meal Rules, 2015. [↩]