The Supreme Court of India directed all state governments to conduct surveys of orphaned children who were denied education under the Right of Children to Free and Compulsory Education Act, in an order issued yesterday, Wednesday, August 6.
A bench of Justices BV Nagarathna and KV Viswanathan directed the Union Government to consider incorporating data on such children in the upcoming census, which is slated to take place in 2027.
This order was pronounced in response to a petition expressing concern about orphans in need of care and protection. The bench also asked states to conduct surveys of orphaned children who had been admitted to schools under the Act's provisions, reports the Times of India.
The petitioner claimed that the Centre and state governments' initiatives for the protection and care of orphans were inadequate and should be considered.
"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 apex court declared.
The bench granted the states four weeks to comply with these directions, after which they are to return to the next hearing with their respective affidavits containing these details.
Several states, including Gujarat, Delhi, Meghalaya, and Sikkim, have already issued notifications to include orphaned children in the 25 per cent quota for weaker sections and disadvantaged groups outlined in Section 12 (1) (c) of the Right of Children to Free and Compulsory Education Act.
The bench stated that other states may contemplate sending similar notifications and filing associated affidavits on record. It scheduled the matter for September 9.
