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Synopsis

The Delhi High Court on Friday issued notice to the Bar Council of India (BCI) in response to an application seeking incorporation of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) as a mandatory subject in LL.B. courses.

The bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, scheduled the hearing for January 24, 2024, after the BCI allegedly failed to respond to previous representations.

The application originated from an earlier Public Interest Litigation (PIL) filed by the organization Social Jurist through Advocates Ashok Agarwal and Kumar Utkarsh.

The PIL, filed earlier this year, was disposed of in March 2023 when the BCI assured the court that it would examine the representation.

Advocate Ashok Agarwal, representing the petitioner, informed the court that the BCI had not taken any action in the nine months since then. The current application argued that any further delay by the BCI in considering and deciding to include the RTE Act in LL.B. courses would undermine the purpose of the enactment.

The PIL filed earlier emphasized that, despite the RTE Act being in force for a considerable period, there is limited awareness among students, lawyers, and even judges about its provisions.

The application stressed that the lack of education on the right to education in law courses contributes to the prevailing inaction regarding violations of the 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. In fact, the majority of them are unaware of the fundamentals of the rights incorporated in the RTE Act, 2009," the plea noted.

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