Rajasthan HC Upholds Right to Dignity and Education | Orders Victim Girl's Stay at Balika Grah till Majority | Directs Free Education, Medical Care and Adoption of Newborn through Legal Means
Isabella Mariam
The High Court of Rajasthan Single Bench of Justice Anoop Kumar Dhand directed the authorities to ensure that a victim child is admitted to a nearby government school and that her education continues smoothly until she attains majority. While disposing of the matter, the Court issued directions to the Superintendent of Balika Grah, Gandhinagar, Jaipur, and other authorities to bear the cost of her studies and to submit regular compliance reports. The Court stated that the right to education is fundamental and must be secured without any obstacles for the victim, who had earlier been admitted to Balika Grah under court orders.
The matter arose based on three letters dated 26 November 2024, 24 January 2025, and 17 February 2025, submitted by the Superintendent, Government Balika Grah, Gandhinagar, Jaipur. These letters requested permission for the victim child to pursue studies in Class III. Earlier, through order dated 17 January 2024, the Court had issued comprehensive directions regarding the welfare, care, and protection of the victim, including her admission to Balika Grah and provision of essential amenities and medical care.
The previous order directed the respondents to admit the petitioner in Government Balika Grah and to provide nutritious food, medical attendance, and all necessary facilities, including education, until she attains the age of majority. The authorities were also instructed to ensure privacy, handle the child born to the victim as per legal procedures, and make arrangements for adoption through the Child Welfare Committee. Further, the Rajasthan State Legal Services Authority and District Legal Services Authority were directed to provide compensation to the petitioner, and the Superintendent of Mahila Chikitsalya was required to preserve samples for forensic analysis.
Pursuant to these directions, the victim gave birth to a child who was subsequently handed over to the Central Adoption Resource Authority (CARA) for adoption purposes. With the birth and adoption process completed, the victim, aged around 11 years, expressed a desire to pursue education to shape her future.
Noting this request, the matter was placed before the Court for necessary directions regarding her admission to a school. The Court took judicial notice of the fact that the victim was within the age bracket of 6 to 14 years, covered under the constitutional mandate of the Right of Children to Free and Compulsory Education Act, 2009.
The Court referred to the constitutional and statutory framework guaranteeing free and compulsory education to every child in this age group. Article 21-A of the Constitution, inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, stipulates that all children aged between six and fourteen years have the right to education. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), further enforces this right through provisions for free education in formal schools and compels the government to secure the admission and completion of elementary education for all children.
The Court also observed that girl education holds particular significance in India due to its transformative potential in addressing social issues such as poverty, gender inequality, and child marriage. Despite challenges faced by girls in accessing education, the Court acknowledged that government initiatives have made progress and recorded the State's duty to ensure quality education for every girl child.
In this backdrop, the Court examined the current status of the victim and her request for admission in school.
The Court recorded that “Right to Education is the fundamental right of every child.” It elaborated on the mandate under Article 21-A of the Constitution and the RTE Act, stating, “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.”
The Court further stated that “No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”
Addressing the issue of girl education specifically, the Court recorded that “Girl education in India has been a topic of great importance for many years. Education is considered one of the most important tools for empowering girls and women, and it can potentially transform their lives and that of their families and communities.”
It observed that “Despite the benefits of girl education, many challenges remain in India. Girls are often expected to prioritize household chores and marriage over education, and many families cannot afford to send their daughters to school.”
The Court also acknowledged ongoing efforts in this direction but noted that “there is still a long way to go to ensure that every girl in India can receive a quality education and realize her full potential.”
Taking into account the age of the victim and her desire to continue her education, the Court deemed it just and proper to pass appropriate directions to facilitate her admission and uninterrupted schooling.
The Court directed that, in view of the victim’s expressed wish to pursue her studies and continue her education, she should be admitted to a government school located near Balika Grah.
It permitted the Superintendent, Government Balika Grah, Department of Child Rights, Gandhinagar, Jaipur, to proceed with the admission and to bear the expenses related to her education.
The Superintendent was further instructed to provide the necessary books and study material to enable the victim to continue her education until she attains majority.
The Court disposed of the letters seeking directions in this regard and directed that a copy of the order be sent to the Superintendent of Balika Grah for intimation and compliance.
In addition, the Court ordered that the Superintendent of Balika Grah, the Superintendent of Police (Rural), District Jaipur, and the Child Protection Officer submit a report along with documentary proof of the victim’s admission.
These authorities were also directed to visit the victim regularly to ensure that her education continues without any hindrance until she reaches majority, and to submit annual reports to the Court in the first week of July each year.
Case Title: XXX v. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 821/2024
Bench: Justice Anoop Kumar Dhand
[Read/Download order]
