NEW DELHI – The Delhi High Court recently ruled that law students across India cannot be barred from taking examinations due to insufficient attendance. The court directed the Bar Council of India (BCI) to revise its mandatory attendance regulations for law colleges nationwide.
This ruling means students cannot be prevented from progressing to the next semester or from sitting for their exams solely due to attendance shortages. The decision stems from a Supreme Court-initiated petition following the 2016 suicide of law student Sushant Rohilla.
Student Suicide Prompted Court Action
The case originated from the tragic death of Sushant Rohilla, a third-year law student at Amity Law School. Rohilla died by suicide on August 10, 2016 , after his college reportedly barred him from semester exams over an attendance shortage. He left a note indicating he felt like a failure.
The Supreme Court initiated a petition in September 2016 . This petition was later transferred to the Delhi High Court in March 2017 , leading to the recent judgment.
Court Stresses Student Mental Health
The High Court emphasized the severe impact stringent attendance norms can have on students’ mental health. Justices Prathiba M Singh and Amit Sharma stated that education norms, especially in legal education, should not be so strict as to cause mental trauma or lead to a student’s death.
The court highlighted the need for norms that protect students’ well-being. This perspective guided its decision to mandate a review of existing attendance requirements.
Bar Council of India Directed to Act
The Delhi High Court ordered the Bar Council of India to conduct a comprehensive stakeholder consultation. This process must include input from student bodies, parents, and teachers.
The BCI must undertake this review swiftly. The goal is to safeguard student life and mental health, considering the potential impact of detention or non-appearance in exams due to attendance rules.
Interim Measures Implemented Immediately
While the BCI’s consultation and norm modification are underway, the court has issued immediate directives. These interim measures apply to all recognized law colleges, universities, and institutions in India:
- No law student shall be detained from taking examinations.
- No law student shall be prevented from further academic pursuits or career progression.
- These protections apply if the reason is a lack of minimum attendance.
- Colleges cannot mandate attendance norms exceeding the minimum percentage set by the BCI.
These directions ensure that students are not penalized under current norms while new policies are being developed.
Colleges Must Adopt Accelerative Measures
The court also mandated immediate implementation of accelerative measures by all law colleges. This applies to institutions offering both three-year and five-year law degrees. These measures aim to help students meet attendance requirements and provide transparency:
- Weekly Attendance Notifications: Colleges must notify student attendance records weekly via an online portal or mobile application.
- Monthly Parent Notices: Parents and legal guardians must receive monthly notices regarding any attendance shortages.
- Extra Classes: Institutions must conduct additional physical or online classes for students who do not meet the minimum attendance norms.
These steps aim to prevent students from falling critically behind on attendance without early intervention. The court’s ruling marks a significant shift, prioritizing student well-being and academic continuity over rigid attendance policies.