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The Print
04-05-2025
- General
- The Print
What Rajasthan HC said ordering free education for 11-yr-old rape survivor till age of majority
The Rajasthan HC received three letters from Balika Grah's superintendent between November 2024 and February 2025, requesting school admission for the rape survivor. The Rajasthan HC ruling on 15 April this year referred to a lower court order from last year, emphasising her comprehensive care and support, including shelter, medical assistance, and education, until she reached the age of majority, which, under the Indian Majority Act 1875, is 18. New Delhi: The Jaipur Bench of the Rajasthan High Court, on a series of requests by the Superintendent of the state government-run Balika Grah in Gandhinagar, has granted a rape survivor free enrolment in Class 3, directing officials to give her full support for her schooling. The survivor reportedly gave birth to a child while residing at the Balika Grah, with the newborn handed over to the Central Adoption Resource Authority (CARA), after which she said she wanted to continue her education to build a better future. The single bench of Justice Anoop Kumar Dhand stressed the importance of the right to education in India, highlighting its fundamental nature, which should apply to every child, and the challenges in girls' education. The judge said: 'The Constitution (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.' 'The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards,' it added. The girl was admitted to Balika Grah on 19 January, 2024 under a previous 17 January, 2024 lower court order. The earlier order directed necessary care for her, along with nutritious food, medical attendance, and facilities, including education. The lower court took into account the difficult family circumstances of the petitioner, a young girl, who had no one to care for her. Recognising her vulnerable situation, it deemed it appropriate to admit her to Balika Grah. The order stated she should remain at the facility until she attained the age of majority, that is, 18. For her overall well-being and development, it also instructed the superintendent and staff to look after her, providing her with nutritious food, medical care, or any other assistance she may require. Adding to this, the Rajasthan HC order said, 'Looking to her interest in studies and her wish to undergo studies, this court deems it just and proper to grant permission to the Superintendent, Government Balika Grah, Department of Child Rights, Gandhinagar, Jaipur, to admit the girl in any government school situated nearby the vicinity of Balika Grah and bear expenses of her studies and provide her necessary books and study material to continue her studies till attaining the age of majority.' The Rajasthan HC ordered the facility to ensure that the expenses of her education and materials were covered. It asked the Balika Grah superintendent, police superintendent police (rural), Jaipur district administration, and child protection officer to submit documentary proof of her school admission and annual reports in the first week of July. They should also visit the child regularly to ensure her studies continue without hurdles, the Rajasthan HC said. The ruling reinforced the commitment to ensuring educational access and support for vulnerable children in state care, aligning with constitutional mandates and the broader goal of empowering girls through education. Addressing the gender gap in education, the court said, 'Despite the benefits of girl education, many challenges remain in India. Girls often are expected to prioritise household chores and marriage over education, and many families cannot afford to send their daughters to school.' The judge said that girls are still 'lagging behind boys in enrollment, completion rates, and literacy'. The Indian government and non-governmental bodies, however, are aiming to increase access to education for girls, with some progress over the recent years. 'However, there is still a long way to go to ensure that every girl in India can receive a quality education and realise her full potential,' the Rajasthan HC said. (Edited by Madhurita Goswami) Also Read: SC asks govt to respond to divorced man's plea against Surrogacy Act. How law regulates access in India
Hans India
24-04-2025
- Politics
- Hans India
Delhi HC defers hearing on plea challenging halting of issuance of EWS certificates
New Delhi: The Delhi High Court on Thursday could not take up for hearing a plea against halting the issuance of Economically Weaker Sections (EWS) certificates in the national capital. A single-judge bench of Justice Sachin Datta, which was scheduled to hear the matter, did not assemble. As per the petitioner's counsel, the plea challenging the Delhi government's directive to stop the issuance of all EWS certificates indefinitely is likely to be heard next on April 28. 'The Government of NCT of Delhi has, pursuant to a meeting held on 09.04.2025, issued a directive to stop the issuance of all EWS certificates indefinitely. This has been done without any statutory notification, legal basis, or transparent procedure, allegedly due to apprehensions regarding misuse or irregularities,' said the plea filed through advocate Ashu Bidhuri. As a result, the petitioner and other similarly placed genuine applicants, applying for the post of Assistant Public Prosecutor, are being denied access to a constitutional benefit enshrined under Articles 15(6) and 16(6) of the Constitution, it added. 'The impugned directive, lacking any formal legal sanction, amounts to a blanket prohibition on a welfare measure enacted by Parliament, thereby violating the constitutional scheme of separation of powers. It constitutes executive overreach, frustrates the intent of the Constitution (One Hundred and Third Amendment) Act, 2019, and infringes upon the petitioner's rights under Articles 14, 16, 19(1)(g), and 21 of the Constitution,' contended the plea. It prayed to quash the executive directive halting the issuance of EWS certificates and sought a direction to the concerned authorities to issue the petitioner a valid EWS certificate in a time-bound manner to enable him to apply for the reserved post. As per the advertisement, the Union Public Service Commission (UPSC) has reserved six out of 66 vacancies for the post of Assistant Public Prosecutor (APP) for EWS candidates. The last date for submission of the application is May 1.
Hindustan Times
23-04-2025
- Politics
- Hindustan Times
ONOE aims to alter basic principles of Constitution: Singhvi
New Delhi: Legal expert and Congress lawmaker Abhishek Singhvi on Tuesday emphasised that the Constitution (129th) amendment bill proposing simultaneous elections in the country would need ratification by at least half of the state legislatures, noting that the legislation aims at altering the basic principles of the Constitution. The Rajya Sabha member, who was deposing before the joint parliamentary committee (JPC) examining the bills on one nation, one election (ONOE), made a detailed presentation on legal points and said the draft laws violate the 'will of the people' and principles of federalism. When Congress MP Priyanka Gandhi Vadra, who is also part of the 31-member JPC, asked Singhvi if simultaneous polls lead to favourable verdict to the ruling party, the latter pointed to reports that suggest favourable results. The senior advocate told the JPC that changing the schedule for Lok Sabha and assembly elections to hold them simultaneously would amount to curtailing the mandate of the voters as some assemblies' five year-term would be reduced by a few years to sync the polls. He emphasised that the Constitution amendment bill will need approval from at least half of the state legislatures, noting that it seeks to alter the basic principles of the Constitution. He pointed to certain provisos of Article 368(2) (which empowers Parliament to amend the Constitution) to back his argument on the need of ratification by state legislatures. Singhvi maintained that federalism is most vital part of the basic structure and when it is interfered with or artificially curtailed, it tampers the basic structure. The committee headed by BJP lawmaker PP Chaudhary is mandated to examine the bills on simultaneous polls — the Constitution (129th Amendment) Bill and the Union Territories Laws (Amendment) Bill — and give its report on whether they are sound enough for the purpose or need changes. The panel is likely to submit its report in monsoon session in July. Several lawmakers, Chaudhary, Randeep Surjewala, Ghanshyam Tiwari and Sambit Patra, also asked questions to Singhvi. BJP leader and Lok Sabha MP Bansuri Swaraj attended the meeting with a bag carrying a message about the 'loot' in the National Herald case. Talking to reporters later, Congress MP Priyanka Gandhi Vadra said: '(Swaraj) was roaming around with some slogan. I enjoyed it. I even asked her about her bag but she just smiled…'
Indian Express
22-04-2025
- Politics
- Indian Express
One Nation One Election: From Maharashtra to J-K, parliamentary panel to go on 4 ‘study tours'
The joint committee of Parliament looking into holding simultaneous elections to the Lok Sabha and state Assemblies, referred to as 'One Nation, One Election', will go on four 'study tours' in May and June to gather views on two Bills on the matter. 'The study tours will begin on May 17. We will cover Maharashtra on May 17-18. Then, Dehradun (Uttarakhand) from May 19 to May 21. We will cover the state of Uttarakhand,' P P Chaudhary, the chairperson of the committee, said on Tuesday, ahead of the panel's seventh meeting. 'In June, we will cover J-K and Ladakh as well. People from far-off places can also come in front of the committee. And then, we will go to Chandigarh and we will be covering a Union Territory and will cover Haryana and Punjab as well,' he added. Chaudhary said that in a democracy, differences of opinion are good. 'Everyone has their opinion. There could be different opinions in the committee, too. One time will come when all the members will agree to it because all the leaders think for the nation and will agree for the nation's interest,' he said ahead of Tuesday's meeting. The two Bills, called the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, were introduced in the Lok Sabha by Law Minister Arjun Ram Meghwal on December 17, 2024, and referred to the joint committee. The last meeting of the panel on March 25 had seen Attorney General R Venkatramani and former Delhi High Court chief justice D N Patel tell the committee that the Bills do not go against the Constitution, with Justice Patel saying that they could undergo some changes. On March 11, former Chief Justice of India and Rajya Sabha member Ranjan Gogoi had cautioned the committee on the constitutional validity of some provisions of the Bills.
