Delhi HC tells ECI: SIR duties must not impose 'unbearable' burden on teachers
Synopsis
Key Takeaways
The Delhi High Court on Tuesday, 28 July directed the Election Commission of India (ECI) to ensure that election-related duties assigned to schoolteachers under the ongoing Special Intensive Revision (SIR) of electoral rolls do not impose an 'unbearable' burden on them. A division bench observed that teachers who have already spent 6–8 hours in classrooms face considerable stress when additionally deployed for poll work.
What the Court Said
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the direction while hearing a public interest litigation (PIL) challenging the deployment of government school teachers for the SIR exercise in the national capital. The bench made clear that while the ECI's constitutional authority to requisition teachers for election duties was not in dispute, the mandate of Section 27 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, could not be set aside.
'We, however, may also emphasise that after working in a school for 6–8 hours, if a teacher is engaged to perform election duties, it may cause stress and, therefore, it is expected of the Election Commission of India and its officers to be mindful of the stress which a teacher undergoes while performing election-related duties after the school hours and on non-teaching days,' the bench observed.
The court further directed that the ECI 'shall take all appropriate steps so that the election-related work does not cause so much stress on teachers which may lead to unbearable burden.'
Concerns Over Women Teachers and Working Hours
The bench orally noted that many teachers — particularly in primary and junior schools — are women who carry family responsibilities and should not be overburdened. It questioned the language used in certain ECI communications and observed that directing teachers to work for nearly 11 hours a day was not appropriate. The court also asked why school principals were being instructed not to treat teacher absences as unauthorised leave if deployment was strictly after school hours.
ECI's Stand and Petitioner's Allegations
The ECI submitted an affidavit stating that no teacher was being engaged in SIR work during school hours and that it was strictly complying with the Supreme Court's directions governing the deployment of teachers for election duties. The poll body added that teachers were performing Booth Level Officer (BLO) duties only after school hours, that volunteers had been deployed to assist, and that efforts were under way to ensure classroom teaching remained unaffected.
The petitioner side, however, alleged that teachers were receiving conflicting instructions from school authorities and election officials regarding their duties. The court noted that any factual dispute with the ECI's affidavit would have to be established through material placed on record. 'We will take action. You have to establish that they are in violation of the Supreme Court judgment. They have filed a fact sheet... If you have anything contrary to this, file it,' the bench remarked.
What Happens Next
The Delhi High Court granted the petitioner liberty to file a rejoinder to the ECI's affidavit and posted the matter for further hearing on 20 August. The PIL seeks rationalisation of teacher deployment for SIR work and contends that non-teaching staff should be utilised for election-related duties so that academic activities in government schools are not adversely affected. The case will test whether the ECI's assurances on paper translate into practice on the ground.