The Bombay High Court recently expressed concerns over the potential misuse of reservation benefits for abandoned children. The court fears that parents, especially those with girl children, might abandon their offspring to avail these benefits if such a reservation is established.
The division bench, comprising Justices GS Patel and Neela Gokhale, was hearing a plea by the NEST foundation. The NGO urged the court to direct the government to extend reservation benefits to abandoned children, similar to those provided to orphaned children.
Advocate General Dr Birendra Saraf voiced opposition to the proposition, arguing that such a reservation could lead to deliberate child abandonment to fall under the reservation category. He stated,
“Orphanage is a matter of fact but abandonment can be created. It happens. This is the sad truth. The government does not want to create such a situation.”
The bench echoed this sentiment, expressing anxiety that such a move could encourage abandonment, particularly of girl children. They stressed the need to strike a balance.
Representing the NGO, advocate Abhinav Chandrachud argued that the Juvenile Justice Act does not distinguish between an abandoned and orphaned child. Therefore, he contended, there was no reason for the State government to create such a classification.
The bench emphasized that the State government should not evade its responsibility to care for abandoned children, citing instances of children abandoned at railway stations who are then taken to state-run shelters.
Saraf agreed that the State was caring for abandoned children until they reach 18 years of age. However, he clarified that reservations were not being provided to these children, stating,
“The government just cannot provide reservations to abandoned children. Reservation is entirely a policy decision of the government.”
The NEST foundation initially filed the petition in 2022, seeking a certificate from the authorities to declare two girls as abandoned children. In February 2023, the State government informed the Court that there was no government policy permitting a certificate to be given to an abandoned child. The authorities could only issue certificates to orphans, who were entitled to reservation.
The State filed an affidavit in March 2023, expressing apprehension that parents might intentionally abandon children and misuse the provisions. The Court questioned whether the officer who deposed in the affidavit understood the ‘dire circumstances’ in which parents generally abandoned their children. The Court will continue hearing the matter in the next week.