The Delhi High Court has directed the city government and the Municipal Corporation of Delhi (MCD) to take immediate action in ensuring access to free education for children living on the streets, including those who are destitute, migrant, or engaged in begging. The Bench emphasized that the government “cannot play dumb” when the Constitution itself guarantees education as a fundamental right. The directive came while hearing a public interest petition filed by a non-profit organization, Justice For All, which sought proper implementation of the Right to Education (RTE) for underprivileged children in the National Capital Territory.
Court Highlights Right to Free and Compulsory Education
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the law mandates free and compulsory education for all children up to the age of fourteen years. The judges underlined that both the Delhi government and local bodies bear a constitutional responsibility under Article 21A to provide quality education without discrimination. “The State cannot play dumb,” the Court remarked, while ordering both the Delhi government and the MCD to submit detailed affidavits within six weeks. These affidavits must outline the specific steps taken to ensure education for children from marginalised and transient backgrounds.
Implementation of Education Laws Under Review
The Court noted that several parliamentary and legislative provisions, including the Right of Children to Free and Compulsory Education Act, can be effectively utilised to extend schooling to every child, irrespective of their economic or social status. It emphasised that education is not merely a statutory duty but a constitutional right essential for social upliftment and child development. Additionally, the Bench directed that the Delhi Commission for Protection of Child Rights (DCPCR) be made a party to the case, ensuring coordinated accountability across agencies handling child welfare and education.
Focus on Marginalised and Migrant Communities
According to the petition, thousands of children across Delhi are deprived of basic education due to migration, poverty, or lack of documentation. Many are found begging at traffic intersections or living in temporary shelters without school access. The Court’s directive aims to ensure these children are integrated into mainstream education through targeted welfare initiatives. The High Court’s firm stance reinforces the constitutional vision of inclusive education, urging the state to bridge the gap between legal provisions and on-ground implementation. Once the affidavits are submitted, the matter will be taken up for further hearing to assess compliance and progress. Follow KollegeApply for the latest updates on College Admissions, Courses, Exam Dates, Results, Scholarships, Career Guidance, Education News, and Policy Changes — everything needed to stay ahead in the education journey
