Student Rights In India I am a college student in Rajasthan, and I want to know what step we can take against: teachers scoring us according to some personal vendetta, extremely rude language/behavior, unnecessary targeting.
Education in India falls under the concurrent list -- i.e. both state and union laws apply. However, there do not appear to be any codified "student rights". The relevant national body for "technical education" 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.
Losing your passport is fine, happens all the time But that’s not what you are talking about, is it? You’re intending to deliberately destroy it. While destroying a passport is not a specific offence under the Act or the Rules, your proposed course of action is still illegal. The passport doesn’t belong to you. It belongs to India and deliberately destroying other people’s stuff is illegal. To get a new passport you would necessarily be lying and giving false information on a passport application is an offence. Of course, one wonders why your family are looking at your passport; just don’t show it to them.
This isn't about bullying at all, this is about Virginia being a "one-party" state. Virginia Law 19.2-62 outlines that: B.2 It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. However what is not said in the article is that the daughter didn't know that the recording device was in the backpack. This means that the mother did not get consent from either party being recorded (it isn't clear that a minor could give consent anyway), and is therefore in violation of 19.2-62. The (US) law has been quite clear on "two wrongs don't make a right", the mother was not getting satisfaction through other channels, but that does not mean she is right in violating the law in pursuit of justice. This is still very much in the early stages of this particular case, but I'm willing to bet that the mother will see very little if any punishment in this matter. As for why the DA doesn't prosecute the children (or their parents) for the bullying, this really depends on what kind of bullying is subject here. If the children are verbally bullying, this may not be a crime (yes, it is morally wrong, but may not be a crime). It isn't to say though that the children in this case haven't been reprimanded according to State law, at least the subject of the bullying has been moved to a different class as a result. Unless the bullying reaches a physical level, most State laws require the schools to deal with the bullying directly (through moving children to different classes, suspensions, expelling, etc), so the DA doesn't typically get involved until physical injury occurs.
Now after 4 years I still can't get it off my mind and it's consuming me thinking that I was fooled into believing that the rule of law was the norm in this country (not the jungle law) and the beautiful constitution we have is not there just to look pretty, but something we can rely on. So, at this point, do I need legal help? Or mental help or some kind of miracle pill to help me cope with the situation (?) I know that 6' under we can have peace, but can I live a peaceful (bully free) life here too? We do have rule of law as a powerful norm in this country. But, we also live in a very complex society and the exact content of the law will always be the subject of fierce dispute. The solution is, pretty much, to lower your expectations. The vast majority of the time the law works. Your beliefs about exactly how far you are allowed to disobey an order from a law enforcement officer as a matter of practical reality, were miscalibrated. But, you did get out of jail the next day and the punishment you received was very survivable. In much of the world, this wouldn't be true. The rule of law doesn't mean that everyone perfectly obeys the law. It means that when the law is seriously broken in a manner that has big consequences that there is usually a way to legally mitigate the harm or to obtain a remedy. Pushing the limits of the freedoms the law gives you is rarely wise. But, that is no reason to refuse to live your life. It is one thing to learn from experience. But, sometimes, you can overlearn from experience and need to recognize that your anecdotal experience on a single occasion is not all that there is the law.
There is pretty much never a right to retaliate against harm to oneself, even blatantly unlawful harm. There is a right to defend oneself and others. One can use force to stop someone from inflicting unlawful or unjustified harm, or to prevent someone from inflicting such harm when the harm is imminent. One is not permitted to use more force than is "reasonably required" under the actual circumstances. This is true in pretty much every jurisdiction that i know of. The details on how much force will be considered "reasonable" will vary. In some jurisdictions there is, under some circumstances, a s"duty to retreat". This generally means that if a person attacked can avoid the harm by fleeing with reasonable safety, that person must do so rather than using force in self-defense. In some jurisdictions this "duty to retreat" applies id the victim is attacked in public, but not in the victim's own home. The right to self defense does not apply when the "attacker" is an agent of the state acting lawfully. For example, a prison guard taking a condemned prisoner to a death sentence cannot be attacked on the grounds that the prisoner is engaging in self defense. In theory a police officer engaging an excessive force, particularly unjustified deadly force, may be resisted in self-defense. But courts are quite reluctant to find such resistance justified in practice. There generally must be very clear evidence of egregious misconduct for the court to rule for the non-police person in such a case. Note that "self" defense can equally be defense of another person. Pretty much all the same rules apply. Self defense applies no matter who the attacker is, but that force is reasonable may vary depending on the attacker. Only such force as is reasonably required to stop or prevent the harm may be used with a justification of self-defense.
Sure, but Qatar is not in the jurisdiction of the ECHR! For the ECHR to apply in a jurisdiction, Qatar would need to have signed it or be in the EU or at least have been in it. It never has been. In fact, not even Den Haque would have power over Qatar unless they allowed it to - and that court rules on matters of war crimes... Qatar does not guarantee the same rights you might be familiar with from most western countries. In fact, not even all western countries are the same. In America, you can use the Sieg Heil gesture, in Germany, you can end in jail for it.. Same for Propaganda materials.
No, each state is a "sovereign" and whenever a statute describes a crime it is always some act committed by a "person" and these two categories are mutually exclusive. See, for example, US Supreme Court in U.S. v. United Mine Workers of America, 330 U.S. 258, 67 SCt 677 (1947): "In common usage, the term `person' does not include the sovereign and statutes employing it will ordinarily not be construed to do so." Repeated by US Supreme Court in Wilson v. Omaha Indian Tribe 442 US 653, 667 (1979): "In common usage, the term 'person' does not include the sovereign, and statutes employing the word are ordinarily construed to exclude it."
As for a member of the Universal Postal Union, what repercussions will occur for country B? None. Are they allowed to keep stealing stuff at the sender insurer's expense? Well, country B isn't stealing stuff. Bad actors in the employe of country B are stealing stuff. This is a matter for law enforcement in country B. If country B is endemically corrupt as seems to be implied, then it is likely that the bad actors will continue to be bad actors. As for the insurer, they are in the business of selling insurance against theft (among other things) and they will take this into account in setting their premiums. Will they face any penalties (e.g. banned from the Union) that would encourage them to hold their customs to account? All member countries of the UN are entitled to be members of the UPU and it seems unlikely that such minor issues could lead to expulsion from the UN - nation-states that have committed genocide are still UN members after all. Since the UPU appears to produce more upsides than downsides, being one of, if not the single most successful and universally adopted international treaty in history this is just one of the minor annoyances.