If you are stuck in such a situation, here is what to do.

A student, let’s call him Sameer, is enrolled at the Apex Institute of Technology in the city of Gyanpur. He describes his hostel life as being akin to a high-security facility rather than a place of learning and personal growth. This sentiment is shared by many students across various institutions in the country who face overly restrictive regulations that seem to infringe upon their basic freedoms.

The rules at Sameer’s hostel are particularly stringent. Students are not permitted to go on any outings, even for purchasing essential items. To leave the campus gates, a student requires written permission from multiple authorities, including their parents, the college principal, and the hostel warden. The college has also banned all external food delivery services like FoodDash and MealKart, compelling students to consume the often unpalatable food provided by the hostel mess. Furthermore, in a significant invasion of privacy and a potential safety risk, mobile phones are confiscated from students after 10 PM, cutting them off from family, online study resources, and emergency contacts.

Academically, the environment is just as taxing. Students are subjected to archaic punishments like writing impositions hundreds of times. The faculty allegedly uses attendance as a tool for blackmail, threatening to bar students from examinations if they do not comply with arbitrary demands. This culture of fear and constant pressure is detrimental to the mental health of students and undermines the very purpose of education.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically and strategically to address the issue without facing academic retaliation.

• Document Everything: Keep a detailed record of all restrictive rules and instances of harassment or undue pressure. Obtain a copy of the official hostel rulebook.
• Unite with Other Students: There is strength in numbers. Discuss the issues with fellow students who are also affected. A collective complaint carries more weight than an individual one.
• Communicate with Parents: Inform your parents or guardians about the situation. Their support can be invaluable, and they can also raise the issue with the college administration from their end.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While educational institutions have the authority to frame rules for discipline, these rules cannot be arbitrary or violate the fundamental rights of students, who are adult citizens of India. The legality of such rules can be challenged on the following grounds:

• Article 21 of the Constitution of India: This article guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted this right to include the right to live with human dignity, the right to privacy, and the right to make personal choices. Unreasonable restrictions on movement, communication, and food choices can be seen as a violation of this fundamental right.
• Right to Privacy: As affirmed in the landmark case of K.S. Puttaswamy v. Union of India, the right to privacy is a fundamental right. Confiscating mobile phones and monitoring students’ activities without a valid, legally sound reason is a direct infringement of this right.
• Article 14 of the Constitution of India: This article ensures the Right to Equality and prohibits arbitrariness. If rules are applied selectively or if punishments are disproportionate and arbitrary, it can be challenged as a violation of Article 14.
• Principles of Natural Justice: Institutions are expected to follow principles of natural justice, which include the right to be heard and the rule against bias. Punishing students without a fair inquiry is unlawful.

If you are the complainant

When you decide to take a formal step against such oppressive rules, you become the complainant. Here is how you should proceed:

• Formal Grievance: The first step is to file a formal, written complaint with the college’s internal grievance redressal cell or the designated authority like the Dean of Student Welfare or the Principal.
• Approach Regulatory Bodies: If the college administration fails to act, you can escalate the matter to higher authorities like the University Grants Commission (UGC) or the All India Council for Technical Education (AICTE), which have regulations concerning student grievances and mental well-being.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Legal Notice: Your lawyer can send a legal notice to the college administration, detailing the rights being violated and demanding the withdrawal of the oppressive rules. This often prompts the institution to take the matter seriously.

If you are the victim

As a student directly suffering under these rules, your immediate well-being is the priority. Here are steps to take:

• Seek Support: Do not suffer in silence. Talk to trusted friends, family, or a mental health professional. Voicing your distress is the first step towards finding a solution.
• Gather Evidence: Keep a personal journal of events, save screenshots of any threatening communication, and keep copies of any notices or circulars issued by the college.
• Know Your Rights: Educate yourself about your rights as a student and a citizen. Understanding the legal standing of your situation can empower you to take the right steps.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Typically, the police may be reluctant to intervene in matters they consider to be internal to an educational institution. They might advise you to resolve the issue with the college administration first. However, their involvement becomes necessary if the actions of the college staff amount to a cognizable criminal offense under the Bharatiya Nyaya Sanhita (BNS), such as wrongful confinement (if you are physically prevented from leaving a place) or criminal intimidation (if you are threatened with injury to your person, reputation, or property).

Engaging a lawyer can be crucial in such situations. A lawyer can help draft a complaint that clearly outlines the criminal offenses and can accompany you to the police station to ensure that a First Information Report (FIR) is registered if the facts warrant it.

FAQs people normally have

Here are some frequently asked questions regarding such issues.

What evidence is required?

To build a strong case against oppressive rules, you should gather the following evidence:

• A copy of the hostel/college rulebook or handbook.
• Photographs or videos that document the conditions or restrictions (ensure you are not breaking any rules by taking them).
• Written correspondence, such as emails or letters, with the college administration regarding the issues.
• Testimonies or signed statements from other affected students.
• Records of any fees paid for services that are not being adequately provided (e.g., mess fees).

How long will the investigation take?

The duration of an investigation can vary significantly. An internal inquiry by the college’s grievance cell might be resolved within a few weeks. However, if the matter is escalated to regulatory bodies or a court of law, the process can take several months or even longer. The timeline depends on the cooperation of the institution, the complexity of the case, and the caseload of the relevant authority or court. A lawyer can help in expediting the process wherever possible.

Advocate Sudhir Rao, Supreme Court of India