Bengal education minister Bratya Basu said on Thursday the education department has showcaused the heads of three government-aided schools because they allowed students to take part in protests on the RG Kar issue during school hours.

The minister said the government did not have any objections to school students taking part in protests but joining protests during school hours is prohibited under the right to education act.

“We have said they can take part in protests. But under the RTE act, teachers cannot forcibly take students out for rallies during school hours. Protests can be held before or after school hours. We don’t have any objection to that,” the minister said in response to a question from Metro.

The commissioner of the school education department had on August 23 issued a circular telling the inspectors of schools in the districts to pass on the message to the schools that students should not take part in any programme outside the institutions during school hours.

The protests following the RG Kar rape and murder have seen the participation of many children and teachers, often during school hours.

The commissioner’s circular states: “The attention is again drawn to the provision of Section 17 of the Right of Children to Free and Compulsory Education Act, 2009… which prohibits physical punishment and mental harassment of children in school. Further, under Sub Rule 16 of Rule 4 of West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching Staff) Rules, 2018… no punishment can be inflicted on children/students which is barred under any law (sic).”

It says: “These provisions should again be widely circulated and brought to the notice of all teachers, non-teaching staff and others working in primary/secondary schools to ensure that these provisions are strictly adhered to and that no physical torture/punishment or mental harassment of the children/students takes place in schools, under any circumstances. Further, in reiterating the earlier orders, it is stated that schoolchildren should also not be allowed to participate in political programmes during school hours. These should be strictly followed and any violation would be viewed seriously and action would be initiated as per Rules.”

Sources in the department said the minister referred to the RTE act because the provision barring the participation of schoolchildren in political programmes during school hours was set in the context of Section 17 of the RTE act, 2009, which prohibits physical punishment and mental harassment of children in school.

The district inspector of schools in Howrah had on August 23 issued an order showcausing the heads of three government schools in the district on the grounds that rallies had been organised during school hours by teachers and students of the schools that day.

The order said: “It has come to our knowledge that a rally has been organised during school hours by the teachers and students of your school on 23.08.2024.... You are showcaused to explain why such activities happened involving the teachers and students of your school.”