New Delhi (Agency): Justices Gautam Patel and Neela Gokhale, of a division bench, stated that a balance must be found, noting that the state government is not avoiding its duty to care for abandoned children.
The High Court was considering a petition lodged by the city-based NGO ‘NEST Foundation’ and two adult women who were abandoned as children. This petition challenges a government policy that grants educational reservation benefits to orphans. The petitioners argue that these benefits should also extend to children who have been abandoned.
Abhinav Chandrachud, the petitioners’ lawyer, told the court on Friday that there is no difference between an orphan and a child who has been abandoned. “The Juvenile Justice Act does not create any classification then why the state government is creating a classification,” he argued.
However, Advocate General Birendra Saraf warned the court that if abandoned children are included in this policy, it may encourage parents to abandon their children to give them a better chance at school admission. “Orphanage is a matter of fact but abandonment can be created… this is the sad truth. The government does not want to create such a situation,” Saraf remarked.
The bench concurred with this sentiment, expressing, “This is our anxiety too. It will encourage abandonment, especially of girl children. We need to find a balance.”
Justice Patel acknowledged the shocking instances of children being left at railway stations and taken to state-run shelters, stating the government is fulfilling its responsibility to look after these children.
Saraf reassured the court that the government would care for these children until they turn 18. He explained, “The government just cannot provide reservation to abandoned children. Everyone cannot be given reservation. Reservation is entirely a policy decision of the government.”
The court asked Chandrachud if it could direct the government to introduce a specific law. Saraf also informed the court that orphans who have been adopted would not receive the benefits of reservation, as they now have families who can care for them.
Chandrachud told the court that the two women wanted to apply for a medical undergraduate course, and therefore sought court orders to allow them to apply under the orphan category.
The bench observed that it couldn’t issue such an order while the issue is still under consideration. The court said, “The issue of whether abandoned children are entitled to reservation along with orphaned children or to be treated as orphaned children for the purposes of reservation is under consideration. The matter is pending and no final decision has yet been taken.”
The court clarified that the women are free to fill their forms and proceed as they see fit, and said it would continue hearing the case next week.
