Section 36 of The Right of Children to Free and Compulsory Education Act, 2009
Summary
- Section 36 of this education law acts as a shield by requiring official permission before anyone can be taken to court for specific school offences.
- Criminal charges for collecting illegal capitation fees, which are unauthorized donations, or screening children during admissions cannot begin without this official approval.
- Running an unrecognized school or continuing to run a school after its recognition is withdrawn also requires the same official clearance to face prosecution, which means a criminal trial.
- The appropriate government must authorize a specific officer and publish a public notification to grant these sanctions, which are official permissions beforehand.
Practical examples
FAQ
1. Can a parent directly file a criminal lawsuit in court against a school under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009?
No, a parent cannot directly start a criminal case in court against a school. Under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009, a prosecution, which means a criminal trial, can only be started if an officer authorized by the government gives previous sanction, which is official permission beforehand.
2. Which specific offences require government permission before prosecution under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009?
Government permission is required before prosecuting three specific offences under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009. These are collecting capitation fees or screening children during admissions, establishing a school without a certificate of recognition, and continuing to run a school after recognition is withdrawn.
3. Who has the authority to grant permission for prosecution under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009?
Under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009, the appropriate government must designate and notify a specific officer in the public journal. Only this authorized officer can grant the previous sanction to start a prosecution.
Test yourself
Q1.Under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009, whose previous sanction is required before starting a prosecution for specified offences?
Q2.For which of the following offences is a previous sanction required under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009 before a prosecution can begin?
Q3.How must the authorized officer under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009 be appointed by the appropriate Government?
Q4.Under Section 36 of The Right of Children to Free and Compulsory Education Act, 2009, what occurs if an activist tries to prosecute a school for running without recognition without getting prior sanction?