Make RTE Act Compulsory Subject In All Law Schools: PIL In Delhi High Court

A public interest litigation has been filed in the Delhi High Court seeking a direction for asking Bar Council of India (BCI) to consider making Right of Children to Free and Compulsory Education Act, 2009, or RTE Act, a compulsory subject for students in all law colleges and universities.

The plea is likely to be heard by division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad tomorrow.

NGO Social Jurist in the PIL has submitted that even though the statute was enacted long time ago, “hardly anyone among law students, lawyers and judges are aware of it.” The plea has been moved through Advocates Ashok Agarwal and Kumar Utkarsh.

The petitioner NGO submits that a representation was made by it on February 15 requesting the BCI to consider the matter before commencement of next academic year but no response was received.

Copies of the representation were also sent to University of Delhi, Jamia Millia Islamia and Guru Gobind Singh Indraprastha University, which are respondents in the PIL.

“The justiciability of the right to education places a great responsibility on lawyers - for lawyers alone can take violations to Court. In the context of a child, it places, by implication, an additional responsibility on the system of legal education to ensure that lawyers are familiarized with the details of manner in which this right is to be provided...,” the plea states.

The plea avers there is a great responsibility on legal education system to “educate and equip lawyers” for recognition of violations of RTE Act, and for seeking justice for children’s right to education.

“It is submitted that perhaps much of the blame for the current inaction regarding violations of the right to education is because law students and lawyers are taught nothing about the right to education. Infact, majority of them are unaware about the fundamental of the rights incorporated in the RTE Act, 2009,” the plea adds.

Title: Social Jurist, A Civil Rights Group v. Bar Council of India & Ors.