SC orders states to survey orphaned kids denied education; include them under EWS quota

The Supreme Court on Wednesday asked all states to issue notifications allowing orphaned children to get free education in private schools under the 25% quota for children of economically weaker sections (EWS) and disadvantaged groups under the Right of Children to Free and Compulsory Education Act, 2009.

A Bench of Justice BV Nagarathna and Justice KV Viswanathan also asked the Centre to consider including a box in the 2027 census to collect data of such children.

“Delhi, Meghalaya, Sikkim, Arunachal Pradesh, Gujarat... have already issued notifications to include orphans within the definition of section 12(1)© of RTE Act, other states shall also issue the same notification. Such exercise shall be completed within four weeks,” the Bench said.

Section 12 dealt with the extent of schools’ responsibility for free and compulsory education of children between 6 and 14 years.

“States to make a survey of the orphan children who have already been granted admission under the provisions of the Act as well as a survey of the children who have been denied such right to free and compulsory education under the Act and if so, for what reasons,” the top court said.

Asking the states to file their respective affidavits, the Bench posted the matter for further hearing on September 9.

The order came on a petition filed by advocate Poulomi Pavini Shukla raising concerns for orphans in need of care and protection. Shukla has sought directions for a standardised education, reservation and a survey of orphan population across India. UNICEF estimated that there were 25 million orphans in India, she said.

As the petitioner sought directions to the Centre to consider having data of orphans in the upcoming census, the Bench told Solicitor General Tushar Mehta that there must be a box with regard to orphans also in the upcoming census. “It should be. I would take it up because orphans are our responsibility,” Mehta replied.

The petitioner pointed out that India gave a lot of support and a lot of opportunities to children of weaker sections such as scholarships, reservations, jobs, loans, etc. but there was nothing for orphans.