Representation On Making RTE Act Compulsory Subject In All Law Schools Will Be Looked Into: BCI To Delhi High Court

The Bar Council of India (BCI) on Tuesday told the Delhi High Court that it will look into and decide a representation for making Right of Children to Free and Compulsory Education Act, 2009, or RTE Act, a compulsory subject for students in all law schools, within a reasonable time.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation moved by NGO Social Jurist after the submission.

The court was told that a representation was made by Social Jurist on February 15, followed by a reminder letter dated March 02, requesting the BCI to consider the matter before commencement of next academic year but no response was received.

Advocate Ashok Aggarwal appearing for the petitioner NGO submitted that the BCI be requested to look into the matter and take a decision on the representation.

On the other hand, the counsel appearing for BCI submitted that the statutory body will certainly look into the representation within a reasonable period of time.

It was also submitted that the RTE Act is being taught in law schools and questions on the subject, especially Article 21A, are asked in constitutional law subject exams.

Taking note of the submissions, the court said the prayer made in the petition seems to be genuine. "Without going into the merits of the matter, the petition is disposed of accordingly," it added.

NGO Social Jurist in the PIL 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 was moved through Advocates Ashok Agarwal and Kumar Utkarsh.

“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 stated.

The plea averred 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 added.

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

Citation: 2023 LiveLaw (Del) 229