Karnataka HC: Govt responsibility to provide gadgets to students during pandemic

Education law insider in
Education law insider in

Deepali Kalia

The Karnataka High Court was informed by the State government on June 8th during the hearing of a petition on online education that around 20% of students in the government and government aided schools in Karnataka do not have access to electronic gadgets or television required for online education.

The following submission was made by the State government in a report submitted before the Court and while talking about the preparation to resume online classes.

A division Bench comprising of Justice BV Nagarathna and Justice Hanchate Sanjeev Kumar stated that students not attending classes due to lack of access to technology is a matter of grave concern.

It was highlighted by the Bench that there is a high risk of children being engaged into child labor, begging and other such activities which go against their interest due to education being inaccessible to them.

The Bench also stated that because of not being able to attend school girl students risk being married off, especially in rural areas.

“Lack of education or discontinuation in education is a serious concern, not only of the parents, state and the society but for the child itself. A child may feel left out or left behind by the technology is not being made available to him or her during these days of pandemic while other children having access to technology would be benefiting from the instruction being imparted by teachers virtually. Such discrimination among children cannot be accepted and hence state must take concrete steps and endeavor to ensure all children have access to technology.”, the Bench stated.

It was stressed by the Bench that, “If the object of article 21A is to be emphasized, education is to be imparted to children up to the age of 14 years as it is their Fundamental Right, and the obligation is on the state to provide accessing of education by means of technology in absence of schools being opened due to pandemic. If such steps are not taken for these children by the state, they would be a failure on part of the state in ensuring the Fundamental Rights of such children under article 21-A of the Constitution and also the right of the child to be educated.”

After being informed by Senior Advocate Harish Narasappa appearing for petitioner Sanjeev Narrain that the actual no. of children not having digital access could be higher than the 20 % figure given by the State government, the Bench asked the State to gather data on the availability of gadgets among children and asked for the survey to be completed by July 5 and for the report to be submitted before the court on 8th July.

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