SC orders states to identify orphans left out of free education

The Supreme Court on Aug 6 directed all states to carry out a detailed survey of orphaned children who have either been admitted or denied admission under the Right of Children to Free and Compulsory Education Act, 2009.

A bench of Justices B V Nagarathna and K V Viswanathan also asked the central government to consider including orphaned children in the 2027 national census.

The court was hearing a public interest plea seeking improved protection and welfare measures for orphans.

"States are 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 bench said.

States have been instructed to submit affidavits with the findings. The bench also emphasized that while the survey is being conducted, authorities must ensure that eligible children are promptly enrolled in neighborhood schools. A four-week deadline has been set for compliance.

The court noted that several states, including Gujarat, Delhi, Meghalaya, and Sikkim, have already issued notifications to include orphaned children in the 25% reservation for economically weaker and disadvantaged groups under Section 12 of the RTE Act.

It suggested that other states should consider similar steps and submit related affidavits. The matter is scheduled to be heard again on Sept 9.

During the hearing, the petitioner requested that the central government be directed to ensure that orphaned children are counted in the upcoming census.

Justice Nagarathna told Solicitor General Tushar Mehta, who was attending another case, "There must be a box with regard to orphans also."

Mehta responded, “It should be. I would take it up because orphans are our responsibility.”

The petitioner argued that while India offers various benefits such as scholarships, reservations, and jobs for children from weaker sections, orphans are left out.

Referring to UNICEF estimates, she said there are approximately 25 million orphans in India, yet no official data exists.

“We as a country don’t even have an official number of orphans. We are right now doing a historic caste census, and in that we are not counting orphans,” she said.

India's 16th Census, which will include caste data, is scheduled for 2027. The reference date will be Oct 1, 2026, in snow-bound areas like Ladakh, and March 1, 2027, for the rest of the country.

The bench remarked that while concerns remain, progress is being made. “So it is not as bad as it was,” the judges observed. “Positive things are also happening.”

In July 2018, the court had agreed to examine a petition seeking reservations for orphans in education and government jobs, similar to those offered to SC, ST, and OBC categories.