The Delhi High Court bench of Justices Manmohan and Sanjeev Narula ordered, in September 2020, in its 94-page judgement, private as well as government schools like Kendriya Vidyalayas (KVs) to provide gadgets and an internet package to poor students, saying not doing so amounts to ‘discrimination’ and creates a ‘digital apartheid’.
The order came with a view to imparting online education due to Covid-19, and on a PIL by NGO Justice for All, seeking directions to the Centre and the Delhi government to provide free laptops, tablets, or mobile phones to students from the poor strata so that they can access online classes during the lockdown. The petition had contended that not providing the required gadgets, free of cost, to the poor kids would amount to a violation of their fundamental right to education guaranteed under the Constitution, affecting over 50,000 students belonging to the economically weaker sections (EWS).
The bench said that schools will have to ensure that the students belonging to the EWS or the disadvantaged group (DG) category also have access to synchronous face-to-face real time online education and are able to avail the same. To separate the disadvantaged from others in the same class due to non-availability of a gadget or a device would engender ‘a feeling of inferiority’ that may ‘affect their hearts and minds’ forever.
Rejecting as ‘misconceived’ the argument of the private schools that they are required to provide the equipment to EWS/DG students only if they are doing so in case of the fee-paying students, the court said that segregation in education is a denial of equal protection of the laws under Article 14 of the Constitution and in particular the Right to Education (RTE) Act, 2009.
The bench said that Section 12(1)(c) of RTE requires private unaided schools to provide free and compulsory elementary education to 25 per cent EWS/DG students and that means ‘education sans financial barrier Obligation is in no way dependent upon what school gives to the fee-paying children, free or otherwise. For example, uniform, reading materials, and textbooks are provided free to 25 per cent EWS/ DG students, even though the 75 per cent fee-paying students have to pay for them.
Consequently, intra-class discrimination creates a vertical division or digital divide in addition to segregation in a classroom, which is violative of RTE Act, 2009 and Articles 14, 20, and 21 of the Constitution.
While directing the private unaided schools to provide the required equipment and internet pack to the EWS/ DG students, the court said they “shall be entitled to claim reimbursement of reasonable cost” from the state.
The bench also directed that a three-member committee, comprising education secretary from the Centre or his nominee, Delhi government’s education secretary or his nominee, and a representative of the private schools, be formed to expedite and streamline the process of identifying and supplying the gadgets to poor and disadvantaged students.
The court said the committee shall also frame standard operating procedures (SOPs) for identifying the standard of the equipment and internet package to be supplied to the EWS/ DG students, to ensure uniformity in the gadgets and internet package being used by all such students.
Courtesy: NDTV, Sept 19, 2020