Courts can act as the parent of a child to ensure they are not deprived of the right to education

Case: Kamini Arya through Perokar v The State NCT of Delhi

The Delhi High Court recently observed that Courts can act as the parent of a child to ensure that she is not deprived of the fundamental right to education. Given the same, the Court ordered the Delhi Police to facilitate the school admission of an eight-year-old child whose parents are in judicial custody on murder charges allegations.

Justice Swarna Kanta Sharma said that the Court has to become the voice of the voiceless child and will ensure to uphold the rights given under the Constitution to protect her future.

BACKGROUND

The Court took suo motu cognizance of the matter so that the child does not lose the current academic year. A bail application was filed in the HC by a woman seeking interim bail for a few days to get her child admitted into the school. It was stated that her husband and she have been in judicial custody since July 2021, and her daughter cannot be admitted without her presence. However, the petitioner’s application was rejected by the lower court. Hence, the present situation.

Delhi Police argued that the mother's presence is not needed and the child can be admitted if she has a certificate showing her date of birth from any government institution.

HELD

The HC advised that the girl should be admitted to the school as soon as possible. A child should not be deprived of education due to family circumstances to the fullest extent possible. A well-educated child benefits the entire family and the nation as a whole.