The Kerala High Court recently comprising of a bench of Justice Raja Vijayaraghavan V directed the State and concerned authorities to take steps to ensure that economically weak students are not sidelined by the digital divide and that they are also able to pursue education like other children who have access to such gadgets. (X. v Principal Secretary, Local Self Government Department)
Facts of the case
The present petition was filed by a group of primary school students who had approached the Court through their parents complaining that they have no digital facilities to enable them to pursue education, which is now being conducted online.
Contention of the Parties
The petitioners contended that thousands of students like them, belonging to the economically weaker sections and disadvantaged groups do not have access to smartphones, laptops, or for that matter an internet connection to enable them to effectively participate in the online classes.
The petitioner also highlighted that they have the right to free and compulsory education which has been elevated to a constitutional right under Article 21A of the Constitution. Reliance was also placed on the provisions of RTE Act, 2009 to bolster their contentions.
Courts Observation and Judgment
The court taking note of the contention of the petitioner remarked, "The learned Government Pleader shall get specific instructions as to the steps taken by the respondents to ensure that the petitioners are not sidelined by the digital divide and they are also able to pursue education like other children who have access to such gadgets."
The court adjourning the matter further directed, "Respondents 1,2 and 10 shall look into the grievances projected by the students in this Writ Petition and shall inform this Court of the prospects of putting up a website with the assistance of the Kerala State IT mission where schools/needy students could get themselves registered so that individuals/Companies/NRI’s/NGO’s could voluntarily contribute to the purchase of phones/ digital gadgets or supply them."
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