Social Jurist writes to Delhi Chief Minister to Bring ‘ORPHAN CHILD’ as child belonging to disadvantaged group within RTE Act, 2009

SOCIAL JURIST
A Civil Rights Group

To
Hon’ble Smt. Sheila Dikshit,
Chief Minister of Delhi,
Secretariat, I.P.Estate,
New Delhi-110001
14.01.2012

Sub: Request to forthwith bring ‘ORPHAN CHILDREN” AS CHILDREN BELONGING TO DISADVANTAGED
GROUP IN SECTION 2 (d) OF RTE Act, 2009

My Dear Chief Minister,

You are well aware of the fact that there are thousands of orphan children in our national capital city of Delhi who are sheltered in various government and non-government run homes. No body can dispute that these children are the most ‘disadvantaged children’ need all round attention from both the State and the Society. The Directorate of Education, Government of NCT of Delhi in its Notification dated 07.01.2011 specified ‘child with special needs and suffering from disabilities as defined in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995’ as child belonging to Disadvantaged Group with in the meaning of Section 2 (d) of the RTE Act, 2009. However, the Orphan Children were left out, may be, due to oversight.

It is submitted that the Directorate of Education ought to have also specified by Notification ‘Orphan child’ as child belonging to Disadvantaged Group within the meaning of Section 2 (d) of the RTE Act, 2009 so that such child could also get benefit of admission and free education in unaided private school in 25% reserved category for the children belonging to DG/EWS. In the existing provisions of RTE Act, 2009 in regard to Delhi, an orphan child neither falls in ‘child belonging to disadvantaged group’ nor in ‘child belonging to economically weaker section’. It is really not only unfortunate but also hit by the provisions of Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of RTE Act, 2009. Who can be more disadvantaged than that of an Orphan Child?

It is brought to your notice that Ministry of Human Resource Development, Government of India by Notification dated 15.07.2011 published in the Gazette of India dated 29.07.2011 has amongst others specified ‘Orphan Children’ as children belonging to disadvantaged group in terms of Section 2 (d) of the RTE Act, 2009 for Andaman and Nicobar Islands.

In order to ensure that ‘Orphan children” should take benefit of the RTE Act, 2009 in the academic year 2012-13, the Government of NCT of Delhi have to promptly bring by Notification ‘Orphan Child’ as child belonging to Disadvantaged Group within the meaning of Section 2 (d) of the RTE Act, 2009.

It is, therefore, requested that you may please intervene in this matter immediately and ensure that the Directorate of Delhi, Government of NCT of Delhi forthwith specify by Notification ‘Orphan Child’ as child belonging to Disadvantaged Group within the meaning of Section 2 (d) of the RTE Act, 2009.

With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist,
M-09811101923
14.01.2012