Khushi bajpai
Published on: 06 August 2022 at 18:27 IST
The Delhi High Court has taken suo moto cognizance to facilitate admission of an 8 years old child to school which could not be facilitated for the reason that her parents were in judicial custody in a murder case since July 2021.
Observing that the court has to become the” voice of the voiceless”, Justice Swarna Kanta Sharma added thus:
“This court is of the opinion that the child must get admitted in a school at the earliest so that shadow of no unpleasant happenings falls upon the child’s life to darken her future.”
The Court noted that the child, being an individual Indian citizen, enjoyed the fundamental rights including the right to education and that the welfare of child should not only be considered in cases dealing with family disputes but also like the present one. The Court stated that:
“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 ant 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 assist to every extent possible. An educated child educates the entire family and becomes an assest to the nation.”
It added that “Right to Education is a fundamental right guaranteed to every citizen under article 21-A of the constitution. A child must suffer the consequences, on account of their parents having been in judicial custody for a crime which is yet to be adjusted upon by the curt.”
Hence, the Court concluded that it’s duty to enforce fundamental rights of every citizen and in this case right to education of the child.