Fundamental Rights Archives - Page 3 of 6

What is the school management committee?

All schools run by the government or substantially aided by Government, including private schools, are mandated to form a School Management Committee (SMC). The SMC composes of the elected representatives of the local authority and the parents, with ¾th 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, based on which the school shall receive grants and measures of government planning.(( Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009.))

Can school teachers provide private tuitions?

No government school or private school teacher can provide private tuitions under the Right to Education law in India.(( Section 28,The Right of Children to Free and Compulsory Education Act, 2009.))

Do I legally have to admit my child in a school?

Yes, the right to education law puts a duty on parents or guardians to admit their child or ward to elementary neighbourhood school.(( Section 10, The Right of Children to Free and Compulsory Education Act, 2009.)) However, the aim of the law is to put a moral obligation on the parents to send children to school and not to compel them to do the same. Consequently, no penal provisions exist for contravention of this obligation.(( The Right of Children to Free and Compulsory Education Act, 2009.))

Offline RTI Application

How can the guide help you?

The Nyaaya Guide on Applying Offline under RTI provides applicants with the steps to take when seeking information under the Right to Information Act, 2005. This guide summarises the processes involved in filing an RTI application offline, appeals against certain authorities’ decisions, as well as complaint mechanisms for any grievances.

What are the laws discussed in the guide?

The Nyaaya Guide on Offline RTI Applications explains the Right to Information Act, 2005 and the Right to Information Rules, 2012 and the Right to Information (Regulation of Fee and Cost) Rules, 2005.

Resources

Contact Information

If you want to file a second appeal or a separate complaint for rejection of application to receive certain information or you do not receive information in the prescribed time period, you can file an appeal or complaint with the Central Information Commission in the contact details given below.
Address: August Kranti Bhavan, Bhikaji Cama Place, New Delhi & Old JNU Campus,
New Delhi – 110 067.
Phone: 26183053
Fax: 26186536.

State Information Commission

If you face any difficulty/ query with respect to filing an RTI application, you can contact your state’s Information Commission. The helpline contact details for each state can be found here.

Checklists

Check whether you are eligible to file an RTI depending on your citizenship and residency
status.
Check whether the information is exempted from being disclosed for any reason whatsoever.
Check that the particulars of the information to be sought, your name and postal address are clearly mentioned in the RTI application.
Check whether you have addressed the RTI application to the public authority that is connected to the information sought.
If you require any assistance, check that the concerned PIO offers the assistance while making the application.
Check whether you fall under the category of Below Poverty Line. If yes, you don’t have to pay application fees. If not, you have to pay a fee of Rs. 10 with your application.
Check the prescribed mode of payment as given in the Centre and State Rules.
If the RTI application is rejected, check whether the reasons for rejection are provided along with relevant information about filing an appeal against such rejection.
Check that you adhere to the timeline for the first and second appeal, if made.
Check that the first appeal is made to the senior officer of the concerned PIO and that the second appeal is made to the concerned Central or State PIO.

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

Right to Bail

You have a right to bail. This right can be directly exercised in the case of bailable offences. For non-bailable offences, this right is dependent on the discretion of the court.

The rationale of giving bail is that, if there is no substantial risk of the accused fleeing, then there should be no reason why he should be imprisoned. Granting bail usually comes at an early stage.

The Court takes into account your gender, health and age while granting you bail. The Court may grant you bail more easily if you fall in the category of the following sets of persons:

Women
Children below the age of sixteen
Sick and Infirm people

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.(( Mohan Jain v. State of Karnataka, (1992) 3 SCC 666.)) 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.(( Section 3(1), The Right of Children to Free and Compulsory Education Act, 2009.))

Parents of such children do not have to pay any fee, charges or expenses to help their children receive elementary education.(( Section 3(2) The Right of Children to Free and Compulsory Education Act, 2009.)) 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.(( Section 3, The Mid-day Meal Rules, 2015.))

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

Theme: Fundamental Rights