The Delhi High Court on Monday ruled that no law student across India can be prevented from appearing in exams on the ground of poor attendance. In its judgment, the court directed the Bar Council of India (BCI) to review and amend its existing attendance regulations for legal education.
The judgment was delivered in suo motu proceedings initiated after the suicide of Amity Law School student Sushant Rohilla in 2016, sparking widespread debate about the pressures on mental health caused by rigid academic policies.
A Division Bench comprising Justice Prathib M Singh and Justice Amit Sharma observed that while attendance rules are necessary, they must not be enforced so harshly as to cause psychological harm or lead to tragic consequences.
“Attendance requirements of law schools should not become a tool of distress. While lack of attendance was not the only factor in the death of Sushant Rohilla, the loss of a young life can never be justified in the name of academic discipline,” the court said while announcing its verdict.
With these findings, the Bench concluded the case suo motu. It issued a wide-ranging set of guidelines designed to reform attendance standards and student grievance mechanisms in higher education institutions.
The Bench ordered that until further amendment of the BCI rules, no student enrolled in any recognized law college or university in India shall be debarred from appearing in examinations or academic progress on the ground of lack of attendance.
The BCI must re-examine and amend the compulsory attendance rules as appropriate and bring them in line with domestic and international standards of legal education. No institution may set attendance conditions stricter than those prescribed by the BCI. All higher education institutions are required to set up Student Grievance Redressal Committees (SGRC) as mandated by the UGC Regulations to deal with student grievances and welfare issues.
The Court also recommended that the concept of compulsory physical attendance be re-evaluated and modernized in light of evolving teaching methods, including hybrid and online learning.
Emphasizing a humane approach, the Bench emphasized that education should promote growth and self-confidence, not fear and mental burden.
What did the judgment say?
“The aim of legal education is to cultivate learning, not to punish. Colleges must adopt student-centred solutions instead of resorting to extreme disciplinary measures such as detention in an examination,” the judgment said.
The Court further noted that universities and professional organizations need to view attendance as a tool for inclusion rather than exclusion and design systems that prevent stress among students.
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The trial dates back to the death of Sushant Rohilla, a law student at Delhi’s Amity Law School (affiliated to Guru Gobind Singh Indraprastha University), who reportedly took his own life in 2016 due to stress from poor attendance and academic reprimands.
In earlier hearings, the court directed the Bar Council of India to review its attendance framework through its Legal Education Committee and the University Grants Commission (UGC) to ensure that all universities and colleges set up Student Grievance Redressal Committees (SGRCs).
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The Education Ministry, in its compliance note, informed the Court that the UGC had directed all colleges to form such committees by September 2024. The Court, however, expressed displeasure with the Ministry’s incomplete progress report and urged for faster implementation.
Amity Law School’s counsel argued that the institution acted in accordance with BCI norms and informed the student’s parents about his attendance. The court also asked Amity to explore the possibility of providing ex gratia compensation to the family.
Meanwhile, BCI’s Legal Education Committee has been tasked with consulting on whether its attendance mandates should be in line with international standards.
