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The Delhi High Court recently disposed of a plea to make the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) a compulsory subject in all law schools.
A Public Interest Litigation has been moved in Delhi High Court seeking direction to the Bar Council of India (BCI) to consider and decide to include the Right of Children to Free and Compulsory Education Act, 2009 as a compulsory subject in the curriculum of the LLB Course in time. The plea submitted that it is so required in the public interest as awareness about this RTE Act is basic to legal education in the country. Needless to say, the right to education is a key right of the children. The action/inaction on the part of the respondent Bar Council of India violates the fundamental right to education as guaranteed to lakhs of children under Articles 14, 21 and 21-A of the Constitution of India read with provisions of the Right of Children to Free and Compulsory Education Act, 2009. The petitioner, Social Jurist, a civil rights group through Advocates Ashok Aggarwal and Kumar Utkarsh stated that they have sent representation dated March 24, 2023, followed by a reminder letter dated November 30, 2023, to respondent Bar Council of India but unfortunately, petitioner has not received any respond to it till date. The plea further stated that RTE Act, 2009 needs to be implemented in its true letter and spirit and the same can happen only if, the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) is taught as a compulsory subject in Centres of Legal Education. It also submitted that any further delay on the part of the Bar Council of India to consider and decide to include the Right of Children to Free and Compulsory Education Act, 2009 in the curriculum of the LLB course would defeat the object and purposeof the RTE Act and would also be detrimental to the public interest. It is submitted that the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) was enacted by the Indian parliament in terms of Art 21-A of the Constitution of India guarantees free and compulsory education to all children of the age of 6-14 years in such manner as the state may, by law, determine. Both Art 21-A of the Constitution and RTE Act, 2009 came into force w.e.f April 1, 2010. Though a period of over 13 years has elapsed, hardly anyone among law students, lawyers and judges is aware of it. The petitioner has found that the RTE Act, 2009 has not so far been introduced in the curriculum of law students in law colleges and universities, plea read. (ANI)
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