Smirtha G, B.A., LL. B (Hons.), SASTRA School of Law
Services under section 2(42) under consumer protection act, 2019 states that services are made available to banking, insurance, transport, boarding, lodging, housing construction, amusement, telecom. But does not include rendering of service for free of cost. Under this section it is stated that “Education institution does not come under the ambit of service provider”. Education is not a commodity1 and hence it would not come under the ambit of service. Education is one main area where each and every one of has us has undergone it. From the age of 3 till 18 we are put in schools to mold ourselves and to inculcate certain values. But at the same time, parents are very much concerned about their child’s safety in the school premises. The schools undertake the responsibility to care and protect the children when they are away from their parents, that’s why parents are paying lump sum money, not only to educate but also to provide a safety environment to their children.
In certain case it is said by the educational institution, that they won’t come under service as it is a settled law and thereby trying to escape from the liability of the said act2. Even if the educational institutions do not come under the services, they have the duty to protect the children, when they are inside the school premises. Under article 21of the Indian Constitution, every person has a right to life and by the act of other party (negligently) such right should not be taken away from the people. This is a fundamental right of every individual citizen of India.
