Supreme Court Directs States to Survey Orphaned Children Denied RTE Admissions; Recommends Inclusion in 2027 Census

The court further instructed states to submit their survey findings to the Ministry of Education, which will coordinate with the Ministry of Women and Child Development for follow-up action.

Taking serious note of the exclusion of orphaned children from educational entitlements, the Supreme Court of India has directed all state governments to carry out a comprehensive survey to identify those who have been denied admission under the Right to Education (RTE) Act. States have been asked to provide detailed data on both admitted and rejected cases to ensure no eligible orphan is left behind.

The directive was issued during an ongoing case related to the implementation of RTE provisions for orphaned children. The apex court expressed concern over the inadequate response from states in fulfilling their responsibility to ensure access to free and compulsory education for this particularly vulnerable group. It termed the denial of such rights a serious breach of constitutional guarantees.

In a forward-looking move, the court also recommended that orphaned children be included as a separate category in the 2027 national census. This inclusion, if carried out, would be a first in India’s demographic data collection and could significantly strengthen policy and welfare planning for orphaned children across the country.

The court further instructed states to submit their survey findings to the Ministry of Education, which will coordinate with the Ministry of Women and Child Development for follow-up action. Local bodies, including panchayats and municipal authorities, have also been urged to assist in identifying such children through field-level outreach and collaboration with child welfare committees.

Child rights organisations have welcomed the court’s intervention, describing it as a much-needed push for data-driven policy reforms. “This is a landmark move. For the first time, we may have real numbers and insights into how many orphaned children are missing out on education. The census inclusion could ensure long-term policy interventions,” said an official from a national child welfare NGO.

Under the RTE Act, private unaided schools are required to reserve 25% of their seats for children from economically weaker sections and disadvantaged groups, which includes orphans. However, enforcement has varied widely across states, with many schools denying admissions due to documentation gaps or administrative reluctance. The Supreme Court is expected to review compliance once the states submit their reports. The matter will be taken up again later this year.