NEW DELHI: In a significant directive aimed at ensuring educational rights for vulnerable children, the Supreme Court on Wednesday ordered all states to include orphans within the ambit of the 25% quota for Economically Weaker Sections (EWS) under the Right to Education (RTE) Act. The Court also directed states to conduct a survey of orphaned children denied school admission and provide reasons for the denial. A Bench comprising Justices BV Nagarathna and KV Viswanathan said, “States must issue notifications within four weeks bringing orphaned children under Section 12(1)(c) of the RTE Act,” which mandates free and compulsory education for children aged 6 to 14 years in private unaided schools. While states like Delhi, Gujarat, Sikkim, Meghalaya, and Arunachal Pradesh have already issued such notifications, the Bench said others must follow suit. Simultaneously, the Court directed states to identify both admitted and denied orphan children, and urged them to take immediate steps to ensure their admission.The Supreme Court has directed authorities to ensure orphaned children are admitted to schools while conducting surveys to identify them, simultaneously asking the Centre to consider adding a separate category for orphans in the 2027 Census. The directions came during a hearing on a petition filed by advocate Poulomi Pavini Shukla, who highlighted the absence of official data and policy support for India’s orphan population.Solicitor General Tushar Mehta responded to the court’s suggestion, stating, “It should be. I would take it up because orphans are our responsibility.” Shukla argued that despite existing support systems for marginalized children, orphans remain a neglected demographic, citing UNICEF estimates of nearly 30 million orphaned children in India.The bench emphasiced the need for immediate action on school admissions while awaiting comprehensive survey data. The case has been listed for further hearing on September 9, with states directed to file affidavits detailing their compliance with the court’s directions regarding orphan welfare measures.
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