The Supreme Court has instructed all Indian states to carry out a detailed assessment of orphaned children who have missed out on schooling under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. This directive came from a Bench led by Justices B V Nagarathna and K V Viswanathan, during a hearing focused on the rights and protection of orphans.
The top court also asked states to pinpoint orphans who have already been enrolled under RTE provisions and to determine the reasons behind the exclusion of others. “States must perform a thorough survey, identifying both those admitted and those denied access, along with the causes for such denial,” the Bench emphasized.
States have been allotted four weeks to complete the survey and file their affidavits with the Court. Meanwhile, the Bench encouraged the Union Government to incorporate data on orphans in the upcoming 2027 national census. A separate category for orphans in the census would enhance their visibility and access to aid, the Court noted. Solicitor General Tushar Mehta supported the idea, calling orphans “our responsibility.”
During the proceedings, it was noted that states like Delhi, Gujarat, Meghalaya, and Sikkim have already issued official orders to include orphans within the 25% RTE quota for disadvantaged groups. The Court urged other states to follow suit.
The petitioner voiced concern over the lack of consistent, institutional support for orphaned children in India and the absence of accurate data — despite UNICEF estimating 25 million orphans nationwide.