‘State cannot play dumb’: HC directs Delhi govt to act on edu for beggar, migrant kids

New Delhi: The Delhi High Court has observed that the government cannot ignore the plight of children who are forced to beg or live in destitution, stressing that the State has a constitutional duty to ensure education for every child.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made these remarks while hearing a public interest litigation filed by the non-profit organisation Justice For All. The petition seeks directions to the Delhi government and the Municipal Corporation of Delhi (MCD) to guarantee free and compulsory education to children who are beggars, destitute, or migrants residing in the city.

The court emphasised that after the introduction of Article 21A in the Constitution, the right to education is not a privilege but a fundamental right. It further highlighted that the State cannot remain silent or indifferent when vulnerable children are deprived of schooling. “The State cannot play dumb,” the Bench asserted, adding that multiple legislative frameworks already exist which empower authorities to act decisively in this regard. To assess the government’s efforts, HC directed both the Delhi government and the MCD to file detailed affidavits within six weeks, outlining the steps they have taken to bring such children into the education system. The court said it expects a comprehensive plan addressing the specific challenges faced by children living on the streets or migrating from other regions.

The Bench also brought the Delhi Commission for Protection of Child Rights (DCPCR) on record as a party to the proceedings, seeking its input on measures that can strengthen access to education for these vulnerable groups. Observing that constitutional and statutory mechanisms must be implemented in letter and spirit, the court underscored that it is the State’s responsibility to ensure no child is left behind due to poverty, displacement, or social neglect.

The court will hear the case after affidavits are filed, continuing to monitor enforcement of the Right to Education Act for children up to 14.