The Delhi High Court recently directed both private and government schools within the city’s borders to provide free-of-cost gadgets and Internet access to economically challenged students for online learning. This notable judgment promises to bridge the widening digital divide exacerbated by the global Covid-19 crisis.
Highlights of the Court Ruling
In choosing to transition to online learning, schools are expected to make certain that students hailing from the Economically Weaker Section (EWS) and Disadvantaged Group (DG) category have appropriate access. Private unaided schools can claim reimbursement from the government for these expenses under Section 12(2) of the Right to Education (RTE) Act.
Legal Aspects of the Judgment
The ruling is grounded in several national legal provisions. Discrimination in the classroom, particularly between the majority of fee-paying students and EWS/DG students, disrupts an equal playing field and leads to a digital divide. These actions are in violation of RTE Act 2009, and Articles 14, 20, and 21 of the Constitution.
According to the RTE Act, private unaided institutions and special category schools must guarantee free and compulsory education to at least 25% of children in the DG/EWS category admitted to class I or pre-primary classes. They can seek reimbursement from the government for these expenses.
Articles 14, 20, and 21 in India’s Constitution safeguard equality before the law, protection against unwarranted convictions, and life and personal liberty respectively.
The Pandemic-induced Digital Divide
This ruling aims to reduce the digital divide intensified by the Covid-19 pandemic. A recent UN report revealed that almost 24 million children might lose school access next year due to the pandemic’s economic repercussions.
The NSO report on Education reveals that only about 4% of rural households and 23% of urban households own computers, with 24% of households having Internet access. Among people aged 15-29 years, only 24% in rural areas and 56% in urban areas can operate a computer. According to the Global Education Monitoring Report 2020 by UNESCO, Covid-19 has amplified inequalities in education systems globally.
Other Court Rulings on Internet Access
Internet access has been recognized as a fundamental right in multiple judgments. The Kerala High Court declared it as part of the right to privacy and education under Article 21 in 2019. In 2020, the Supreme Court acknowledged freedom of speech and expression on the Internet as a fundamental right under Article 19(1)(a), with trade, occupation, or commerce reliant on the Internet under Article 19(1)(g).
Government Efforts to Increase Digital Accessibility
India’s Centre has instructed State Education Departments to map students’ online accessibility for better curriculum planning and teaching methods. The National Education Policy 2020, aiming at transforming India into a “global knowledge superpower,” introduces several changes in the Indian education system, emphasizing digital education.
DIKSHA (Digital Infrastructure for Knowledge Sharing) platform, launched in 2017, is available to all states and the central government for grades 1 to 12. This ‘one nation; one digital platform’ is part of PM eVidya announced under the Atmanirbhar Bharat programme.
In catering to those without Internet access, initiatives such as Swayam Prabha TV Channel and On Air – Shiksha Vani, DAISY are used, along with radio broadcasting targeting remote areas and children not online, especially for grades 1 to 5. Online MOOC courses concerning NIOS (grades 9 to 12 of open schooling) are uploaded on the SWAYAM portal.
Looking Ahead
The recent court judgment assists in reducing the digital divide within Delhi, and other states should follow this lead while enhancing infrastructure reforms, support, and training to supplement the rapid shift towards online education necessitated by the Covid-19 pandemic.
