The Delhi High Court on Thursday asked the Delhi government and the Municipal Corporation of Delhi (MCD) to spell out the measures they have taken to ensure compulsory and free education for children who are beggars, destitute or migrants.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said the State cannot look away from the reality of children begging on the streets or living in destitution without access to basic education. The judges remarked that it is the constitutional duty of the government to secure free and compulsory education for children under 14.
“State cannot play dumb,” the bench said orally while questioning the authorities on the absence of concrete steps for these vulnerable groups.
The court directed the Delhi government’s Department of Education and the MCD to file detailed affidavits within six weeks, outlining the initiatives, mechanisms and field-level measures undertaken to bring such children into the education system.
The bench also impleaded the Delhi Commission for Protection of Child Rights (DCPCR) as a party to the proceedings and sought its response.
The court was hearing a petition filed by the NGO Justice For All, which sought directions to the authorities to ensure that migrant, destitute and beggar children are provided free education as mandated by law.
During the hearing, the bench noted that the introduction of Article 21A in the Constitution has made the right to education a fundamental right. It further observed that several central laws and the Delhi Primary Education Act empower the government and local bodies to guarantee education to every child, irrespective of their socio-economic background.
