SC notice to Centre on plight of orphans - Right to Education
23 August 2012
SC notice to Centre on plight of orphans
Asseem Shaikh, TNN Aug 23, 2012, 04.32AM IST
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PUNE: The Supreme Court on Tuesday issued notices to the central government, seven Union Territories and 28 states directing them to file their reply within eight weeks on a public interest litigation (PIL) highlighting problems of 21 lakh orphans and destitute in India including 92,000 in Maharashtra.
The Union and the state governments have not initiated any scheme which provides basic facilities to the orphans - including food, clothing and shelter, after they attain 18 years of age. The orphans who have to leave the children's home run by the government after attaining 18 years of age are left in a lurch, says the PIL filed by Pune-based lawyer Rajendra Anbhule.
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The PIL which came up for hearing before a division bench of justice B S Chauhan and justice Swatanter Kumar states the children obtain education till 10th or 12th standard at the time of becoming major, but the states have not made provisions to meet their future educational expenses, give concession in fees or provide free education, scholarships or employment to them.
According to the PIL, most of the children in Maharashtra, Gujarat and Delhi and other cities give up their education and go without food and shelter once they leave the orphanage. The government does not have a scheme for providing them with education or employment.
The petitioner has conducted an extensive study on the issue and found that though the government provides reservation to the weaker sections of the community like scheduled caste and scheduled tribe, it does not provide reservation for orphans.
Anbhule has found that the orphans are also deprived of basic documents like ration cards, domicile certificates, election cards and below poverty line certificates etc. There is no scheme to provide them loan for becoming self-employed.
The Maharashtra women and child development department in response to an RTI query filed by Anbhule has said that the government does not have any scheme for orphans.
The RTI reply states that there are only four After Care Centres having a total capacity of 210 children (boys) in the state while there is no such facility available for girls. The government has no records as to what happens to these orphans after they become major.
The petitioner has relied on the Indian Constitution, Convention of the Rights of the Child, 1989, the International Covenant on Civil and Political Rights, 1966, the International Covenant on Economic Social and Cultural Rights, 1966, the Juvenile Justice (Care and Protection of Children) Act, 2000 and Amended Act, 2006 and several SC judgments for highlighting plight of orphans.
The PIL pointed out that the government has not shown any heed in tackling the serious problem as the present enactments like Juvenile Justice Act, 2000, do not bound them to do so. The said Act defines child as a person below the age of 18 years. The states, by ignoring the preamble of the said Act, do not come out with a comprehensive policy of ultimate rehabilitation of the orphans.
Article 28 of the Child Rights Convention, 1989, has recognised the right of the child to education and has emphasised the need of making higher education accessible to all. The government has completely failed in doing its constitutional duty as there are no specific provisions and guidelines on the said issue, Anbhule said.
Anbhule before filing the PIL had made representations to the state governments and others to take necessary steps to secure the rights of orphans, but he did not receive any reply. He has prayed before the SC to provide necessary facilities to the orphans.