right to liberty

B.B.R.Goud. (Querist) 03 April 2009 This query is : Resolved
dear sir/madam,
In an Examination hall, flying squad came and took up malpractice check-up, during which the students, of age 16-22 years age, are asked to remove their dresses, in search of chits.In this case, any chits found, they are debarred successive exams and their entire previous exams are cancelled. in this aspect i would like to know and it is necessitated to take an advise:

1. Can a student be punished retrospcetively under malpractice?
2. Can a student be checked, by removing their clothes or touching their personal belongings, under malpractice check ?
3. Is it not the violation of Art 20(1) and 21?
4. Is it not the abuse of the children?

thanks, in advance, for one and all.

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ANANDARAJ (Expert) 03 April 2009
you are very correct.. its violoation of Art:21 and20(1). No one can ask to remove the dresses in the name of squad checking. if such a thing happens then the affected can approach Supreme court or High court and hope they will view it seriously.

adv. rajeev ( rajoo ) (Expert) 03 April 2009
Dear Member,
I support Anandraj. In my opinion if such thing happens u can also approach Human rights commission but I am not sure about this.

M. PIRAVI PERUMAL (Expert) 03 April 2009
I agree with the views.

Hiralal Das (Expert) 03 April 2009
I agree with the views of my Ld. Friends.

K.C.Suresh (Expert) 04 April 2009
I thinkl it is not a violation of the Constitution. Because the search was conducted in a fair manner to detect an offence. Malpractice in this circumstances is an offence. A body search is permitted. if the transcribed chitts are keeping in the secret places of girl students it must be traced out and guilty bas to be punished.