LI Network
Published on: 17 September 2023 at 12:52 IST
The Supreme Court has issued notices to the Union Government and all State Governments to provide their views on whether Section 2(d) of the Right to Education Act, 2009, which defines “child belonging to disadvantaged groups,” can encompass orphaned children. Section 12 of the Act mandates that schools allocate a minimum of 25% quota for “Children belonging to disadvantaged groups.”
Also Read: CONSTITUTIONAL RIGHT TO EDUCATION – Law Insider India EDUCATION
The court has also requested information on whether the benefits offered under the PM Cares Fund to children orphaned during the COVID-19 pandemic could be extended to other orphans as well.
The case, presided over by Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, will be listed again in four weeks.
During the proceedings, Advocate Prashant Bhushan, representing the petitioner, presented two specific requests:
1. Extend the benefits provided to children orphaned during the COVID-19 pandemic under the PM-Cares Fund to all orphans.
2. Extend the benefits granted to Economically Weaker Sections (EWS) in education under the Right to Education Act, including the 20% reservation for EWS children in private schools, to all orphans.
The Chief Justice mentioned that the issue of benefits for children orphaned during the COVID-19 pandemic had already been discussed in the previous Supreme Court order in the case. In the previous hearing, ASG Madhavi Divan had been instructed to determine whether the schemes provided for children orphaned during the COVID-19 pandemic could be extended to all orphaned children.
During the recent proceedings, the petitioners argued that there should be no differentiation among orphans based on the circumstances of their parents’ death. The Chief Justice concurred, emphasizing that orphans are orphans regardless of whether their parents died due to accidents or illnesses.
However, the court indicated a desire to first understand the government’s existing schemes and future plans. Stressing the significance of the matter, the Chief Justice remarked that it should not be treated as an ordinary case.
The petitioner, Poulomi Pavini Shukla, highlighted that the Right to Education Act empowers each state to define additional eligible children under Section 2(d) of the RTE Act, including orphaned children facing social and educational disadvantages. The petitioner urged that if other states could be directed to issue similar notifications as Gujarat did in 2013 and Delhi did in 2015, it would be beneficial.
The Chief Justice acknowledged this point and emphasized that the government must address whether the benefits of schemes designed for children orphaned during the COVID-19 pandemic could be extended to all orphaned children. Additionally, the court directed the Union of India to consider including orphaned children, especially those experiencing social and educational disadvantages, when responding. It also ordered all state governments to file affidavits on this matter.
Case Title: Poulomi Pavini Shukla v. Union Of India And Ors