Making RTE Act as Mandatory Subject in all Law Schools Will be Looked Into: BCI to Delhi HC

Last Update: March 15, 2023, 5:20 PM IST

The RTE Act will be considered by the BCI and a decision will be taken within a reasonable time frame, it informed the High Court (File photo/News18)

The RTE Act will be considered by the BCI and a decision will be taken within a reasonable time frame, it informed the High Court (File photo/News18)

The petition, filed as a PIL, was dismissed by a division bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad, who also asked the BCI to investigate the matter and take appropriate action.

The Delhi High Court on Tuesday disposed of a plea seeking a direction to the Bar Council of India (BCI) to make child rights free and compulsory. Education Act, 2009, (RTE Act) is a compulsory subject in all law schools.

The petition, filed as a PIL, was dismissed by a division bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad, who also asked the BCI to investigate the matter and take appropriate action.

The RTE Act will be considered by the BCI and a decision will be taken within a reasonable time frame, it informed the High Court.

According to the PIL, which was submitted by an NGO Social Jurist through advocates Ashok Agarwal and Kumar Utkarsh, the Bar Council of India has not thought of making the RTE Act, 2009 a compulsory subject in legal education centres.

The counsel representing BCI submitted during the hearing that this subject is widely taught in law schools. It was told that the question paper for the Constitutional Law Examination has been taken from Article 21A of the Constitution.

Taking note of the submissions, the court observed that the prayer made in the petition appears to be genuine.

“Irrespective of the merits of the case, the petition is disposed of accordingly,” it said.

“The applicability of the right to education puts a huge responsibility on lawyers – lawyers alone can take violations to court. In the context of a child, this puts an additional responsibility on the system of legal education, to ensure that lawyers be apprised of the details of the manner in which this right is to be conferred…,” the plea said.

“It is submitted that perhaps much of the blame for the present inaction with regard to violation of the Right to Education is because law students and lawyers are not taught anything about the Right to Education. In fact, among them Most are ignorant about the fundamental of rights enshrined in the RTE Act, 2009,” the petition states.

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