The Supreme Court on Wednesday issued significant directions to all states, mandating a comprehensive survey of orphaned children who have been denied free and compulsory education under the Right to Education (RTE) Act, 2009. The bench, comprising Justice BV Nagarathna and Justice KV Viswanathan, passed the order during a hearing on a petition demanding care and protection for orphaned children.
The court instructed state governments to identify children who have gained school admission and those who remain excluded. It further ordered that the reasons behind the denial of educational rights to these children be clarified. The apex court also advised the central government to consider including orphaned children in the 2027 Census data.
Census Suggestion to Centre
The court asked Solicitor General Tushar Mehta to explore the feasibility of adding a separate column in the next Census to capture data on orphaned children. Mehta responded positively, saying orphaned children are the government’s responsibility and assured the court he would look into the matter seriously.
Petitioner’s Argument
The petitioner cited a UNICEF estimate claiming that India has approximately 2.5 crore orphaned children, though no official national data exists. The plea pointed out that while government schemes exist for other vulnerable groups, there is no strong policy framework dedicated to orphans in India.
States Already Including Orphans Under 25% Quota
The court acknowledged that some states like Gujarat, Delhi, Meghalaya, and Sikkim have already included orphaned children in the 25% reserved seats under the RTE Act. The bench urged other states to consider adopting similar provisions and to submit their reports.
Report Deadline and Next Hearing
As per the court’s directive, all state governments are required to file their survey reports within four weeks. The next hearing is scheduled for September 9. Meanwhile, the court ordered that children entitled to education be admitted to nearby schools without delay during the ongoing survey.
