What laws exist in India to protect students from harassment by teachers/professors?

Question

I am a college student in Rajasthan. I had a chance to address a large group at a college function, and in my address I said unfavorable things about professors in the college. Since then, I believe their behavior towards me has changed, and that they are personally targeting me.

I want to know what steps we can take against:

• teachers scoring us according to some personal vendetta,
• extremely rude language/behavior,
• unnecessary targeting.

What laws exist in India to protect students from harassment by teachers/professors?

Answer 1

From the discussion above, it seems like you are an engineering/technical student. Technical education in India falls under the concurrent list -- i.e. both state and union laws apply.

The relevant national body is the AICTE, which does have a mechanism for grievance redressal, this is often used as the primary source of complaints against ragging.

You can submit a grievance here. The 2004 Guidelines for Grievance Processes require a sub-30-day resolution of complaints. In fact, all accredited technical institutions in India are required to have a local Grievance Redressal Cell and Ombudsman as per this 2012 notification. Finally, you could contact AICTE directly

Students may also file grievances at the UGC (University Grants Commission). The UGC is a statutory body in charge of "coordination, determination and maintenance of standards of higher education". In 1987, they released "Guidelines for Student Entitlement". See sections 2.5, 2.6 regarding fairness in evaluation and section 5 which deals with discriminatory treatment.

At a state-level, you could try Rajasthan Sampark, which only applies to government institutions.

As others have stated, you need to ensure that you have documented and clear proof to support your accusation, and that you should not back down in fear of reprisal. The process of collecting evidence may help you determine if you truly have a valid complaint, or are perceiving bias that does not exist.

To the best of my knowledge, in answer to your second question, no, Indian jurisprudence does not have a similar concept of student rights as the United States and some of Europe.

While reading the links for the other answers and searching for policies for this post, the one thing that becomes clear is a worrying lack of depth in policies and transparently available policies and data. If you choose to take this forward, I hope that you will document and publish your efforts.

Answer 2

Disclaimer
I am not a lawyer, and this is not a legal advice.

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Although student-teacher relationship is viewed as some superior relationship by many communities, it is only daily life human relationship.

That being said, I think to seek your right into university itself is pointless. If the organization were to punish these kind of disturbing behaviors, the mentioned academic staff would not be teaching there at the first place, or maybe their contract would have ended sooner.

So, it is true that you should go to law. But agian, not as a student, but as a person. Because these type of behaviors are mobbing or bullying.

As far as I have found, there are several laws like these and these against bullying in India.

There are actually two important things you have to do before taking action:

1. Be ready for the consequences. The professors will probably be mad at you because you troubled one of their colleagues. They will not just leave where it is. There will be some disturbing process.
2. Document everything. Whatever you can do. Find witnesses, record voice, record video. But first take advice from a lawyer what methods to document evidence is accepted as a proof. In some countries, voice recording without consent is not accepted for instance.

My personal advice would be not to step back. For some strange reason, when it comes to student-teacher conflict, people always advise to step back because he is your professor. I am working in academia since five years, and I have seen many similar cases. Not stepping up is equal to promoting the behavior.

This is not "he is not teaching well" or "he is making irrelevant jokes." If the claim is true, the person should be punished.

Answer 3

Definition of "bullying" in India: causing of mental agony as a civil injury;It is further defined as unwanted and repeated written, verbal, or physical behaviour, including any threatening, insulting, or dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation; and may involve but is not limited to: teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, sexual, religious, or racial harassment, public humiliation, or destruction of property. There is no such Legislature for Bullying in School but as we considered about the Legal System of India the law should make it a legal duty for schools to have such policies and frame guidelines and mandate that bullying and cyber bullying be punishable by schools. It shall then be the responsibility of the Principal to ensure that the policy is framed and implemented. The Raghavan Committee Report has already recommended that teachers and the principal be held liable for acts of bullying of students. So has the Supreme Court in University of Kerala vs. Council, Principal’s colleges, Kerala & Ors

Supreme Court in Re Civil Appeal 887 OF 2009 on 8 Dec., 2011.

. It is now a matter of implementation. Both the Raghavan Committee Report and the Supreme Court decision would squarely take within their folds cyber-bullying, though not explicitly mentioned.

Answer 4

The guidelines issued by the National Commission for Protection of Child Rights (NCPCR) on eliminating corporal punishment in schools, elaborating the RTE's classification, defines corporal punishment not only as physical punishment but also mental harassment (defined as 'non-physical treatment that is detrimental to the academic and psychological well-being of a child' such as sarcasm, ridicule, calling names, derogatory remarks and so on) and discrimination (defined as prejudiced views and behaviour towards any child because of gender/caste/class).

Juvenile Justice Act, 2000 Section 23 of new Juvenile Justice Act, 2000 provides punishment for cruelty to juvenile or child. Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessarily mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.

Lodge a complain to nearest police station. Yes,punishment in schools is strictly prohibited and one can directly lodge a FIR against the teacher and rest police will work out.