Today, On 13th November, Delhi High Court said the state cannot play dumb and slammed the government for neglecting the education of children found begging and those destitute who moved to the city, stressing that every child deserves access to education.
The Delhi High Court emphasized that the government cannot ignore the education needs of children found begging on the streets, as well as those who are destitute and have moved to the city.
A Division Bench, consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, asserted that the government has a constitutional and legal obligation to provide free education to these children.
The Court stressed,
“State cannot play dumb”
Consequently, the Bench directed the Delhi government and the Municipal Corporation of Delhi (MCD) to submit a comprehensive affidavit detailing the measures taken to ensure free and compulsory education for beggar, destitute, and migrant children up to 14 years of age.
They are required to file their affidavits within six weeks.
This order was issued in response to a petition from the non-profit organization Justice For All, which sought directives for providing free education to migrant, destitute, and beggar children.
In its observations, the Court noted that with the addition of Article 21A to the Constitution of India, the right to education has been established as a fundamental right.
It also highlighted that several laws enacted by Parliament and the Delhi legislature can be utilized by the Delhi government and local authorities to ensure that every child, regardless of their circumstances, receives an education.
Furthermore, the Court appointed the Delhi Commission for Protection of Child Rights (DCPCR) as a party in the case and requested their input.
Article 21A makes education a Fundamental Right for all children between the ages of 6 and 14 years. This means the Government must ensure that every child in this age group gets free and compulsory elementary education.
Case Title: Justice For All v Govt of NCT of Delhi and Ors
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