The Supreme Court has recently ordered a nationwide survey to identify orphaned children who have been denied their right to free and compulsory education. This step comes after reports and petitions revealed that many children, especially those orphaned during the COVID-19 pandemic, were slipping through the cracks of government welfare schemes. The Court has directed all states and Union Territories to collect accurate data so that such children can be brought under the protection of the Right to Education (RTE) Act.

I wanted to write about this topic because it touches on a very basic question—who is looking out for the most vulnerable kids in our country? When we say education is a right, it must be universal, not selective. After the pandemic, thousands of children lost their parents and guardians, and many of them were left to fend for themselves. Without someone to fight for their rights, they’re often left out of school systems. This SC order is important because it puts pressure on governments to take responsibility and act fast. Knowing how many orphaned children are out of school is the first step in helping them. This isn’t just a legal issue, it’s a moral one too.

What Did the Supreme Court Say?

In a recent hearing, the Supreme Court expressed serious concern over reports that orphaned children were being denied free education, despite clear provisions in Indian law. The Court was responding to a plea that highlighted the gaps in implementation of welfare schemes for children who lost their parents during the pandemic.

Here are the main points of the order:

• The SC asked all state and UT governments to conduct a proper survey of orphaned children
• The purpose is to check whether these children are receiving free education under the RTE Act
• The data must be submitted to the Court within a fixed timeline
• The Court also directed that if any orphaned child is found to be out of school, they must be admitted immediately

Why Are Orphaned Children Still Missing from Schools?

While India has many schemes for children, including the RTE Act that guarantees free education up to Class 8, implementation on the ground is often patchy. Here are some of the main reasons orphaned children are not getting what they are entitled to:

• Lack of identification: Many children are not officially registered as orphans, especially in rural areas
• No guardians to apply on their behalf: Without a parent or legal guardian, there’s no one to push for school admission or paperwork
• Red tape and confusion: Different schemes require different documents. Children often fall through the cracks
• Schools not aware or unwilling: Some schools are either unaware of their duty or unwilling to take children without proper documentation

What the Law Actually Says

The Right to Education (RTE) Act, 2009, clearly states that every child between the age of 6 and 14 has the right to free and compulsory education. In addition, orphaned children fall under the category of ‘disadvantaged groups’ and are entitled to:

• Free admission in neighbourhood schools
• Exemption from school fees, uniforms and textbooks
• Reservation in private unaided schools under the 25% quota
• Welfare support under schemes like PM-CARES for children affected by COVID-19

Still, in the absence of strong monitoring, many of these children are excluded from the system.

What Will This Survey Achieve?

If done seriously, the SC-ordered survey can lead to real change. It will:

• Help create a national database of orphaned and abandoned children
• Ensure they are enrolled in age-appropriate classes
• Trigger automatic inclusion in welfare schemes like scholarships and mid-day meals
• Provide a legal tool to hold state governments accountable

The challenge, of course, is in the execution. States must go beyond paperwork and physically verify children’s status through school records, anganwadis, child welfare committees and local NGOs.

What Can Be Done to Fix the Gap?

Just identifying the children is not enough. We need a broader, more humane system. Some ideas include:

• Appointing local guardians (like nodal officers or NGOs) to help with school admissions
• Allowing self-declaration forms for orphans, instead of insisting on official death certificates
• Including orphaned children automatically in the 25% RTE quota in private schools
• Giving special training and psychological support to help them catch up in studies
• Setting up a single-point online and offline helpline where children or caretakers can apply