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The Supreme Court on Wednesday directed all the states to conduct survey of orphans who have been denied education under the Right to Children’s Right to Education Act, 2009.
New Delhi: The Supreme Court on Wednesday directed all the states to conduct survey of orphans who have been denied education under the Right to Children’s Right to Education Act, 2009. A bench of Justice Biwi Nagratna and KV Vishwanathan asked the Center to consider the data of such children in the upcoming census to be held in 2027. The apex court was hearing a petition expressing concern for the orphans. The bench instructed the states to survey orphaned children. The petitioner said that the schemes of the Central and State Governments are inadequate for the safety and care of the orphans, which need to be considered.
Peeth gave four weeks time
The apex court said that states will have to survey orphans who have already got admission under the provisions of the Act, as well as survey of children who have been denied the right to free and compulsory education under the Act. If so, for what reasons. States will have to give reasons with their affidavits. The bench asked the qualified children to ensure admission in nearby schools. The bench has given the officials four weeks to follow the instructions. It came to the record that several states including Gujarat, Delhi, Meghalaya and Sikkim have already issued notifications to the orphans to include 25 percent quota for weaker sections and disadvantaged groups prescribed under Section 12 (1) (C) of the law. Section 12 is related to the limit of school responsibility for free and compulsory education.
Government’s responsibility of orphans: Solicitor General
The bench said that other states can also consider issuing similar notifications and can file an affidavit on records. The bench adjourned the hearing of the case for September 9. During the hearing, the petitioner demanded the Center to consider the data of orphans in the upcoming census. The bench told Solicitor General Tushar Mehta that there should be a box regarding orphans. The bench said that then the government will automatically get the data of orphans. Mehta said that this should happen. I will consider this because orphans are our responsibility. When the petitioner said that the Center should be asked to file a detailed affidavit on the aspects taken in the petition, the bench said that it would consider all the issues.
Nothing for orphans in the country
The bench said that all the High Courts have adolescent justice committees and these issues are being discussed at the national level. The bench said that the situation is not as bad as before. Positive things are also happening. The petitioner argued that children of weaker sections in India are given many support and opportunities like scholarship, reservation, job, loan etc., but there is nothing for orphans. He said that UNICEF estimates that there are 2.5 crore orphans in India. The petitioner said that as a country we do not even have the official number of orphans. We are currently doing historical caste census and we are not counting orphans in it. India’s 16th census will be done in 2027 with caste census.
