SUPREME COURT OF INDIA
L. Nageswara Rao, Aniruddha Bose, JJ.
In Re Contagion Of Covid 19 Virus In Children Protection Homes - Petitioner
SMW©No.4 Of 2020
Decided On : 26-08-2021
| Table of Content |
|---|
| 1. importance of identifying and supporting orphaned children. (Para 1 , 2) |
| 2. government's schemes to provide education and support to affected children. (Para 3 , 4) |
| 3. clarification regarding the criteria for support. (Para 5) |
| 4. responses from state governments regarding the identification of orphans. (Para 6 , 7 , 8) |
| 5. court's directives to state governments for timely action. (Para 9) |
| 6. challenges and responses in different states regarding orphan identification. (Para 10 , 11 , 12) |
| 7. state responsibilities towards educational support for orphans. (Para 13 , 14) |
| 8. ongoing efforts and recommendations for better support. (Para 15 , 16) |
| 9. directions given to streamline orphan care. (Para 17 , 18) |
| 10. educational continuity measures for orphans and affected children. (Para 19 , 20) |
| 11. final declaration on the need for timely measures. (Para 21) |
| 12. aggregate state responses and implementations updates. (Para 22 , 23 , 24 , 25 , 26) |
| 13. details regarding the ongoing support by various states. (Para 27 , 28 , 29) |
| 14. measures and recommendations for states lacking proper responses. (Para 30 , 31 , 32) |
| 15. status updates and directives for states to speed up the inquiries. (Para 33 , 34 , 35) |
| 16. conclusion emphasizing the urgency of educational continuity. (Para 36 , 37) |
ORDER :
On 27.07.2021, information was sought from all the State Governments/Union Territories regarding the identification of orphans and children who have lost either parent after March, 2020 and the stages of inquiries undertaken by the Child Welfare Committee (‘CWC’) in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the Act’). The State Governments/Union Territories were also asked to furnish information relating to schemes that have been announced for the benefit of such children and the implementation of those schemes. The State Governments/Union Territories were further directed to provide information relating to the education of the distraught children and their continuation in the schools in which they are studying for the present academic year.
2. The catastrophe caused by the cataclysmic Covid19 has devastated many lives, especially children at a tender age who have lost their parents. More than a lakh children have lost either or both parents during this pandemic. It is heart-wrenching to note that the survival of so many children is at stake. We are glad that the UOI and the State Governments / Union Territories have announced schemes to provide succour to the children in need. We have no doubt that the authorities concerned would leave no stone unturned to attend to the immediate basic needs of the crestfallen children. Satisfactory progress has been made by the executive in identification of the orphans and those children who have lost a parent during the pandemic. Preparation of Social Investigation Reports and Individual Care Plans is also on track. Inquiries by CWCs have to be expedited to identify children in need of care and protection and immediate steps have to be taken to ensure that the benefits of schemes reach the needy children. All children have a constitutional right to free and compulsory elementary education which is guaranteed by Article 21A of the Constitution of India. The State has a duty and obligation to facilitate education for children. We have no doubt that the State realizes the importance of continuance of education of the forlorn children.
3. Ms.Aishwarya Bhati, the learned ASG, on instructions, submitted that the education of eligible children up to 18 years is sought to be provided for under the PM CARES For Children - Empowerment of COVID Affected Children, launched for support and empowerment of Covid-19 affected children. According to the said scheme, beneficiaries shall be given admission in the nearest Kendriya Vidyalaya or in a private school as a day scholar. On admission of the child in a private school, fees as per the RTE norms will be given from the
AI
(1) Corona Pandemic – State Government/Union Territories should ensure that there is no break in education of children who have become orphans or lost either one parent during Pandemic. (2) Protectio....
Protection and Care of Covid Orphans must be top priority of State.
State Government arranged two meetings with the Self-Financed Schools Management Associations on 17.08.2020 and 20.08.2020 respectively. However, despite all the efforts, no agreement could be arrive....
The appropriate Government is mandated to reimburse unaided schools for expenses incurred in providing free pre-school education to disadvantaged children, in accordance with the Right to Education A....
Each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are mad....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.