Education should be kept away from Politics

Education should be kept away from politics, said the Bombay High Court while Refusing to Strike Down The Order Suspending a teacher only because he is associated with a political party. 

Bombay High Court Nagpur Bench on Thursday heard a petition filed by a teacher at Nutan Adarsh Junior College in Umred, Nagpur district, challenging his suspension order dated November 23, 2011. His advocate  argued that he had been suspended because he is associated with a political party: He is the president of the local unit of the BJP. 

The Bombay High Court said, " Prima Facie , Court of the opinion that a Government Servant or Person in employment in an Educational Institution is not required to have any political association or connection till he is in service.'' Bombay High Court Nagpur Bench added that if an employee is actively associated with a political organization, his political ideas may Influence his Teaching.

Observing that a teacher's role is to impart education to students in an impartial manner, the judges said the suspension order couldn't be struck down by holding that Teacher or any Govt. Servant / Person is free to continue his political activities along with his teaching job.

Er. Rajani Kant Indra

Article 21 of Constitution of India : The Most Dynamic Article

Right to Life & Liberty is Under Article 21 of Constitution of India . Article 21 of Constitution of India is The Most Dynamic Article under Constitution of India . According to Time & Space and Cases before the Supreme Court of India , Supreme Court have interpreted Article 21 of Constitution of India .

According  to Supreme Court of India Article 21 of Indian Constitution includes “ Right to Sleep , Right to Privacy , Right to Health , Right to Life , Right to Drink , Right to Eat , Right to Breath , Right to Food , Right to Blink , Right to Healthy Environment , Right to Fresh Air , Right to Clean Water etc .  , Under Article 21 of Constitution of India .

Er. Rajani Kant Singh Indra

Right to Sleep : A Fundamental Right

The Supreme Court has broadened the ambit of right of life to bring in a citizen's Right to Sleep peacefully under it. A citizen has a Right to Dound Sleep because it is fundamental to life, the Supreme Court said on Thursday while ruling that the police action on a sleeping crowd at Baba Ramdev's rally at Ramlila Maidan amounted to violation of their crucial right.

"Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril," the court said, terming it as a Basic Human Right.

Authorities have taken steps to protect citizens from being disturbed while they are asleep, like placing curbs on the playing of music late at night. But Tuesday's order elevates right to sleep in the hierarchy of rights and may goad the authorities to protect it.

Supreme Court elaborated  - Sleep as a Fundamental Right crucial to life and put it on the same plane as Right to Privacy and Right to Food, consistently held by the Supreme Court as an inviolable right which was part of Right to Life under Article 21 of the Constitution.

"Right of Privacy and the Right to Sleep have always been treated to be a Fundamental Right like a Right to Breathe, Right to Eat,Right to Drink, Right to Blink , Right to Health etc,"
But no citizen could claim sleeping to be his fundamental right. "Undoubtedly, reasonable regulation of time, place and manner of the act of sleeping would not violate any Constitutional guarantee, for the reason that a person may not claim that sleeping is his fundamental right, and therefore, he has a right to sleep in the premises of the Supreme Court itself or within the precincts of Parliament . “ Court  said sleep for a human being was a basic necessity and Not a luxury. "If this sleep is disturbed, the mind gets disoriented and it disrupts the health cycle. If this disruption is brought about in odd hours preventing an individual from getting normal sleep, it also causes energy misbalance, indigestion and also affects cardiovascular health,"

"Sleep, therefore, is a self-rejuvenating element of our life cycle and is, therefore, part and parcel of human life. The disruption of sleep is to deprive a person of a basic priority, resulting in adverse metabolic effects,"  Court Said .

"To arouse a person suddenly brings about a feeling of shock and numbness. The pressure of a sudden awakening results in almost a void of sensation. Such an action, therefore, does affect the basic life of an individual," Court said.

Quoting a US court judgment, Suprem Court  said, " The citizens/persons have a right to leisure; to sleep; not to hear and to remain silent. The knock at the door, whether by day or by night, as a prelude to a search without authority of law amounts to be police incursion into privacy and violation of Fundamental Right of a citizen."

Court said because of this, many countries have clamped complete night curfews at airports (that is, ban on landing and take-off at late night hours), for the reason that the concept of sound sleep had been associated with sound health which is an inseparable facet of Article 21 (right to life) of the Indian Constitution.

  

Er. Rajani Kant Singh Indra