SC orders states to survey orphaned kids denied education
A bench of Justice BV Nagarathna and Justice KV Viswanathan asked the Centre to consider including data of such children in the upcoming census, scheduled to be carried out in 2027.
The apex court was hearing a plea raising concerns for orphans in need of care and protection. The bench further directed the states to survey orphaned children who had been granted admission in schools under the provisions of the Act.
The petitioner said schemes of the Centre and the state govts for protection and care of orphans were inadequate, requiring consideration.
"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.
The states would have to return with their respective affidavits.
With the survey and data collection going on, the bench asked for simultaneous efforts to ensure deserving children got admissions in neighbourhood schools.
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The bench granted four weeks to the authorities to comply with the directions.
It came on record that several states, including Gujarat, Delhi, Meghalaya and Sikkim, had already issued notifications to include orphaned children within the 25% quota for those belonging to weaker sections and disadvantaged groups as prescribed in Section 12 (1) (c) of the law.
The bench said other states might also consider issuing similar notification and file a related affidavit on record.
It posted the matter for Sept 9.
The petitioner sought directions to the Centre to consider having a data of orphans in the upcoming census.
When the petitioner said the Centre should be asked to file a detailed affidavit on the aspects raised in the plea, the bench said it would consider all the issues.
The bench observed there were Juvenile Justice Committee in all high courts and national consultations were also being held on these issues.
The petitioner contended that India gives a lot of support and lot of opportunities to children of weaker sections such as scholarships, reservations, jobs, loans, etc., but there was nothing for orphans. She said Unicef estimates 25 million orphans in India.
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SC order on Lucknow lawyer's PIL
The PIL was filed by Lucknow-based social activist and lawyer Poulomi Pavini Shukla. "This direction is a welcome as well as necessary step, in order to provide quality education to orphan children in the country," said Shukla. India has more than 2 crore orphan children, according to Unicef estimates. Shukla also raised the demand of enumerating orphan children in the upcoming census. The Solicitor General, appearing on behalf of central govt responded affirmatively that orphan children should be included in the census data collection and said he would seek instruction.
After filing of her PIL, various states have brought in steps for orphans welfare, including providing reservation to orphan children.
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