Constitution of India, 1950
Articles 21A & 226—Right to education—Fundamental right—Education is the first step towards tackling social evils, especially poverty, inequality and discrimination—Every child, irrespective of caste, religion, sex, or economic background has been guaranteed right to education—An educated individual can make informed decisions, first for themselves, and then be able to contribute constructively towards the progress of the nation and society at large—Once it comes to the notice of the court that a child or an individual is deprived of a fundamental right, the courts have to ensure that fundamental right is enforced and there is no impediment for any individual to enjoy the same—Court should not fail in its duty at any point of time in this regard.
[Para 6 & 7]
Articles 21A & 226—Right to education of a child whose parents are in judicial custody—Right to education is a fundamental right guaranteed to every citizen under Article 21-A of the Constitution—A child must not suffer the consequences, on account of their parents having been in judicial custody for a crime which is yet to be adjudicated upon by the court—Court is duty bound to enforce fundamental rights of every citizen and in this case right to education of the child.
Held : The Constitution guarantees protection of independent identity and individuality to every Indian citizen. Constitution of India is the supreme law of the land and this court is bound to protect the rights of every individual enshrined and guaranteed by the same. Especially in the present case, where the right to education of a child is at stake, it is imperative that the court intervenes timely and upholds the right envisaged in the Constitution to protect the future of the of the child.
The child must get admitted in a school at the earliest so that shadow of no unpleasant happening falls upon the child’s life to darken her future.
At the cost of repetition, it is opined that in the present case, the child is an individual Indian citizen and enjoys her own Fundamental Rights given to her by virtue of her being born in India, Right to Education is the child’s fundamental right. In the present unpleasant situation of the case, the court has to become the voice of the voiceless child. The parents are in judicial custody and the prime concern of the parents is education of the child. It is not only in cases dealing with family disputes that the rights and welfare of the child should be considered but also in the cases as the present one, the courts can become and act as the parent of the child and ensure that the child is not deprived of its Fundamental Right to Education. Depriving any child of education due to family circumstances should not be allowed to every extent possible. An educated child educates the entire family and becomes an asset to the nation.
In the circumstances, at this stage, this court feels the need to exercise its discretionary powers under Article 226 of the Constitution of India and take suo-motu cognizance to facilitate the child’s admission in a school so that the child does not lose out on the current academic year i.e. 2022-23. It is therefore directed that the SHO concerned will get the child admitted to the school adjacent to the senior branch of the school in which the older sibling of the child is already enrolled and pursuing her education.
The Principal of the school will extend full cooperation for the admission of the child. A compliance report will be filed within 10 days. The identity of the child and the school in question is not being mentioned in this order to protect the privacy and dignity of the child.
Criminal Procedure Code, 1973
Section 439—Interim bail—Petitioner was seeking bail only on the ground that she needed to fulfil her responsibilities as a parent and get her child admitted to school—Court take suo-motu cognizance to facilitate the child’s admission in a school so that the child does not lose out on the current academic year—Petitioner is satisfied with relief that has been granted and permission is now sought to withdraw the present application—Application dismissed as withdrawn.
[Paras 14 to 16]