What Rajasthan HC said ordering free education for 11-yr-old rape survivor till age of majority
The Rajasthan HC ruling on 15 April this year referred to a lower court order from last year, emphasising her comprehensive care and support, including shelter, medical assistance, and education, until she reached the age of majority, which, under the Indian Majority Act 1875, is 18.
New Delhi: The Jaipur Bench of the Rajasthan High Court, on a series of requests by the Superintendent of the state government-run Balika Grah in Gandhinagar, has granted a rape survivor free enrolment in Class 3, directing officials to give her full support for her schooling.
The survivor reportedly gave birth to a child while residing at the Balika Grah, with the newborn handed over to the Central Adoption Resource Authority (CARA), after which she said she wanted to continue her education to build a better future.
The single bench of Justice Anoop Kumar Dhand stressed the importance of the right to education in India, highlighting its fundamental nature, which should apply to every child, and the challenges in girls' education.
The judge said: 'The Constitution (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.'
'The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards,' it added.
The girl was admitted to Balika Grah on 19 January, 2024 under a previous 17 January, 2024 lower court order. The earlier order directed necessary care for her, along with nutritious food, medical attendance, and facilities, including education.
The lower court took into account the difficult family circumstances of the petitioner, a young girl, who had no one to care for her. Recognising her vulnerable situation, it deemed it appropriate to admit her to Balika Grah. The order stated she should remain at the facility until she attained the age of majority, that is, 18. For her overall well-being and development, it also instructed the superintendent and staff to look after her, providing her with nutritious food, medical care, or any other assistance she may require.
Adding to this, the Rajasthan HC order said, 'Looking to her interest in studies and her wish to undergo studies, this court deems it just and proper to grant permission to the Superintendent, Government Balika Grah, Department of Child Rights, Gandhinagar, Jaipur, to admit the girl in any government school situated nearby the vicinity of Balika Grah and bear expenses of her studies and provide her necessary books and study material to continue her studies till attaining the age of majority.'
The Rajasthan HC ordered the facility to ensure that the expenses of her education and materials were covered. It asked the Balika Grah superintendent, police superintendent police (rural), Jaipur district administration, and child protection officer to submit documentary proof of her school admission and annual reports in the first week of July. They should also visit the child regularly to ensure her studies continue without hurdles, the Rajasthan HC said.
The ruling reinforced the commitment to ensuring educational access and support for vulnerable children in state care, aligning with constitutional mandates and the broader goal of empowering girls through education.
Addressing the gender gap in education, the court said, 'Despite the benefits of girl education, many challenges remain in India. Girls often are expected to prioritise household chores and marriage over education, and many families cannot afford to send their daughters to school.'
The judge said that girls are still 'lagging behind boys in enrollment, completion rates, and literacy'. The Indian government and non-governmental bodies, however, are aiming to increase access to education for girls, with some progress over the recent years.
'However, there is still a long way to go to ensure that every girl in India can receive a quality education and realise her full potential,' the Rajasthan HC said.
(Edited by Madhurita Goswami)
Also Read: SC asks govt to respond to divorced man's plea against Surrogacy Act. How law regulates access in India
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