Breaking the Cycle of Neglect, Supreme Court Takes Historic Step for Orphaned Children
As the survey and data collection are busy in the process, the Supreme Court of India has directed all states to conduct a comprehensive survey to identify orphaned children who have been denied their right to education under the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
A bench led by Justices B V Nagarathna and K V Viswanathan issued the directive, emphasizing the need for immediate action to ensure these children receive their entitled education where states must conduct a two-part survey to identify orphaned children who have:
- Already been admitted under the RTE Act
- Been denied admission, with reasons for denial States must file affidavits within four weeks detailing their compliance and authorities must make parallel efforts to enroll eligible orphaned children in nearby schools while the survey is underway. The inclusion is under EWS Quota, and the court noted that states like Gujarat, Delhi, Meghalaya, and Sikkim have already included orphaned children within the 25% reservation quota for economically weaker sections and disadvantaged groups, while other states are encouraged to follow suit and issue similar notifications. The Court has asked the Centre to consider including data on orphans in the upcoming 2027 national census. Solicitor General Tushar Mehta responded positively, stating that orphans are "our responsibility" and he would take up the matter The issue has been under the Supreme Court's consideration since 2018 and approximately 25 million orphaned children live in India, according to UNICEF estimates, yet there is no official count or dedicated policy framework to support them The plight of orphaned children in India has long been a pressing concern, with millions left without access to basic rights like education. However, the recent landmark directive from the Supreme Court may change the course of their lives forever. In a bid to ensure these vulnerable children receive the support they deserve, the Court has ordered a comprehensive survey to identify and enroll orphaned children in schools across the country.
- Already been admitted under the RTE Act
- Been denied admission, with reasons for denial States must file affidavits within four weeks detailing their compliance and authorities must make parallel efforts to enroll eligible orphaned children in nearby schools while the survey is underway. The inclusion is under EWS Quota, and the court noted that states like Gujarat, Delhi, Meghalaya, and Sikkim have already included orphaned children within the 25% reservation quota for economically weaker sections and disadvantaged groups, while other states are encouraged to follow suit and issue similar notifications. The Court has asked the Centre to consider including data on orphans in the upcoming 2027 national census. Solicitor General Tushar Mehta responded positively, stating that orphans are "our responsibility" and he would take up the matter The issue has been under the Supreme Court's consideration since 2018 and approximately 25 million orphaned children live in India, according to UNICEF estimates, yet there is no official count or dedicated policy framework to support them The plight of orphaned children in India has long been a pressing concern, with millions left without access to basic rights like education. However, the recent landmark directive from the Supreme Court may change the course of their lives forever. In a bid to ensure these vulnerable children receive the support they deserve, the Court has ordered a comprehensive survey to identify and enroll orphaned children in schools across the country.
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