Section 37 of The Right of Children to Free and Compulsory Education Act, 2009
No suit or other legal proceeding shall lie against the Central Government, the State Government, the National Commission for Protection of Child Rights, the State Commission for Protection of Child Rights, the local authority, the School Management Committee or any person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act, or any rules or order made thereunder.
Summary
- This section protects government bodies, committees, and individuals from legal lawsuits when they perform their duties under the Act.
- The legal protection applies specifically to actions done in good faith, which means actions done with honest intentions and without malice.
- No civil suits or other legal proceedings can be filed against the Central Government, State Governments, or child rights commissions for implementing this law.
- School Management Committees and local authorities are also shielded from legal liability for honest attempts to carry out the provisions of the Act.
Practical examples
FAQ
1. What does good faith mean under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009?
Under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009, good faith means doing something honestly, with sincere intentions to implement the law, and without any malice or intent to cause harm.
2. Can a local authority be sued for carrying out school surveys under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009?
No, a local authority cannot be sued. Section 37 of The Right of Children to Free and Compulsory Education Act, 2009 protects the local authority from any suit or legal proceeding for actions done in good faith while implementing the Act.
3. Who is protected from legal proceedings under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009?
Section 37 of The Right of Children to Free and Compulsory Education Act, 2009 protects the Central Government, the State Governments, the National and State Commissions for Protection of Child Rights, local authorities, School Management Committees, and any person acting in good faith under the Act.
Test yourself
Q1.Which of the following bodies is NOT protected from legal suits under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009 for actions taken in good faith?
Q2.What is the primary condition required for an individual or authority to claim protection from lawsuits under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009?
Q3.Under Section 37 of The Right of Children to Free and Compulsory Education Act, 2009, what type of legal action is barred against protected entities acting in good faith?
Q4.If a state government official is sued for implementing the free education rules in October 2026, how does Section 37 of The Right of Children to Free and Compulsory Education Act, 2009 protect them?