Suicide by law student: Will you pay ex-gratia to family? Delhi HC asks Amity

NEW DELHI: The Delhi High Court on Monday asked Amity Law School if it will make an ex-gratia payment to the family of law student Sushant Rohilla who died by suicide in 2016 after allegedly being barred from sitting for the semester exams due to lack of requisite attendance.

A bench headed by Justice Prathiba M Singh said it was not blaming any individual for the unfortunate incident but the "shoulder" of the institution should be "broad enough" to take responsibility for the systemic failure.

While questioning the need for mandatory attendance in higher education, the court also asked the Centre to commence within two weeks a stakeholder consultation on the issue.

It asked the central government and the University Grants Commission (UGC) to issue a circular to all educational institutions giving them a final opportunity to constitute a 'grievance redressal committee' in two weeks or face action.

Sushant Rohilla, a third year law student of Amity had hanged himself at his home here on August 10, 2016 after his college allegedly barred him from sitting for the semester exams due to lack of requisite attendance. He left behind a note saying he was a failure and did not wish to live.

The high court was hearing the petition initiated by the Supreme Court in September 2016 following the incident but was transferred to it in March 2017.

Counsel for Amity asserted there was no fault on part of the college administration as the suicide letter did not blame anyone in the institution.

The bench, however, said an ex-gratia payment would "bring a closure" to some of the issues and added that the institution should have announced it immediately after the death.

"Institutions should have a broader thinking. Nobody is saying one individual is responsible for this. There has been a systemic failure, for whatever reasons. If there is a systemic failure in the institution, you have to take responsibility. Your shoulders have to be broad enough to take responsibility," the bench, also comprising Justice Amit Sharma, said.

"Counsel for Respondent no. 1 (Amity Law School) shall seek instructions if Respondent no. 1 is willing to make ex gratia compensation to the family of the deceased student," it ordered.

The bench also cautioned the college's lawyer against making any allegations targeting the parents of the deceased, saying they have already suffered the loss of a child.

The counsel for the Bar Council of India (BCI) said its present rules mandate a minimum of 70 per cent attendance in law colleges but taking note of the pressure on students and concerns of mental health, it was willing to deliberate upon a change in the norm, without compromising academic standards, after placing the matter before the 'Legal Education Committee'.

The court questioned how many colleges actually followed the rule as there were several people who were pursuing law while being employed.

"The rule is absolutely unrealistic. This is not the truth. It is being breached by everyone. Can't we take notice of the actual reality? It is just on paper," Justice Singh said.

The bench asked the BCI to place on record the material with respect to its stand that mandatory attendance was the norm in some other countries like the UK and Australia.

The lawyer appearing for the National Medical Commission (NMC)said for undergraduate medicine courses, 75 per cent attendance was the requirement and for post graduate courses, the mandate was 80 per cent.

Additional Solicitor General Chetan Sharma said the issue of attendance norms required a "large consultation" with all stakeholders including the regulatory bodies like UGC, NMC, as well as teachers and students.

Counsel for UGC sought time to file its affidavit and submitted that under the new education policy various relaxations have been prescribed.

The court granted time to the UGC to file its affidavit and ordered, "UGC as well as the Secretary, Ministry of Education through department dealing with higher education shall issue a circular that across the country, all educational institutions at UG and PG level ought to, as a last opportunity, constitute the grievance redressal committee in two weeks, failing which action will be taken".

"Secretary, Ministry of Education, dealing with higher education may commence a stakeholder consultation on the question as to whether attendance norms ought to be made mandatory in UG and PG courses. Let the consultation process commence in two weeks," it added.

Last month, the court had opined that there was an imminent need for a relook at mandatory attendance norms in colleges and universities as teaching methods have substantially changed after the Covid pandemic.

It had said the mental health of students needs to be borne in mind while considering attendance requirements and the role of grievance redressal mechanisms and support system in educational institutions should be streamlined.

The matter would be heard next in October.