Education & Health Law
Education is a right, not a privilege. Education is a fundamental right under Article 21A of the Indian Constitution, and various laws govern the sector, including:
- The Right to Education (RTE) Act, 2009, ensuring free and compulsory education for children up to 14 years.
- The National Education Policy (NEP) 2020, which introduces reforms in schooling and higher education.
- The University Grants Commission (UGC) Act, 1956, regulating higher education institutions.
- The Juvenile Justice (Care and Protection of Children) Act, 2015, which protects children from abuse and ensures their welfare.
- The Mental Healthcare Act, 2017, which emphasizes mental health support and suicide prevention measures in educational institutions.
At GAR Legal LLP, we are committed to protecting the legal rights of students, parents, and educators. Whether it’s seeking justice in cases of harassment, ensuring fair admission policies, or holding institutions accountable for mental health negligence, our legal team provides expert assistance to ensure safe, inclusive, and equitable education for all.
The legal landscape governing education and healthcare is intricate and ever-evolving. GAR Legal LLP advises institutions, professionals, and organizations on regulatory compliance, accreditation, and dispute resolution. Our firm is dedicated to ensuring legal clarity and operational efficiency in these critical sectors that impact millions of lives.
Emerging Trends in Corporate Education & Child Welfare
The education sector is evolving rapidly, with an increasing focus on corporatization, digital learning, and mental health awareness. While these trends have improved accessibility and flexibility, they have also introduced new challenges for students, parents, and educators.
1. Corporate Influence on Education
- The rise of private school chains and ed-tech companies has made education more commercialized. While these institutions provide better infrastructure and resources, concerns regarding high fees, discriminatory admission policies, and lack of accountability remain.
- Many parents and students face legal challenges related to fee hikes, non-refundable deposits, and unethical school policies. Our firm assists in filing complaints under the Consumer Protection Act, 2019 and approaching educational tribunals and regulatory bodies to ensure fair practices.
2. Mental Health & Suicide Trends Among Students
- The increasing academic pressure, peer competition, and parental expectations have contributed to a rise in mental health issues among students. According to NCRB (National Crime Records Bureau) data, thousands of students die by suicide every year due to academic stress, bullying, or harassment.
- Schools and colleges are legally bound under the Mental Healthcare Act, 2017, to provide counseling support and prevent discrimination against students suffering from mental health issues. However, many institutions fail to comply with these obligations.
3. Bullying, Harassment & Cyber Threats in Schools
- With the rise of online learning, cyberbullying and digital harassment cases have surged. Under The Information Technology Act, 2000, educational institutions are responsible for ensuring the safety of students online.
- Sexual harassment and abuse in schools are addressed under the Protection of Children from Sexual Offences (POCSO) Act, 2012, which mandates strict action against offenders and accountability for institutions that fail to prevent such crimes.
GAR Legal LLP offers specialized legal counsel for the education and health sectors. In education, we address issues related to regulatory compliance, accreditation, and dispute resolution under acts like the Right of Children to Free and Compulsory Education Act, 2009. For health law, we navigate the Drugs and Cosmetics Act, 1940, Clinical Establishments (Registration and Regulation) Act, 2010, and other sector-specific guidelines, ensuring that institutions and professionals adhere to the highest standards of practice.
