Govt. can't play dumb: Delhi HC seeks State, MCD replies to plea seeking education for destitute children

The Delhi High Court on Thursday remarked that the government cannot shut its eyes to the lack of education for children found begging on the streets or those who are destitutes and have migrated to the city [Justice For All v Govt of NCT of Delhi and Ors]. 

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the governments are duty-bound to provide free education to children as per the Constitution and the various statutes. 

“State cannot play dumb,” the Court stressed. 

Therefore, the Bench ordered the Delhi government and the Municipal Corporation of Delhi (MCD) to file a detailed affidavit stating the steps taken by them to ensure free and compulsory education to beggars, destitute and migrant children up to the age of 14 years. 

They shall file their affidavits within six weeks, the Court directed. 

The Bench passed the order while dealing with a plea filed by a non-profit organisation, Justice For All, seeking directions to ensure that migrant, destitute and beggar children are provided free education.

After considering the case, the Court noted that after the insertion of Article 21A to the Constitution of India, the right to education is now a fundamental right. 

It observed that multiple laws enacted by the parliament and the Delhi legislature which can be put to use by the Delhi government and the local bodies to ensure that every child, irrespective of their background, is provided education. 

The Court also impleaded the Delhi Commission for Protection of Child Rights (DCPCR) as a party to the case and sought their response.