A petition has been filed in the Supreme Court seeking directions to grant admission to all Myanmar Rohingya refugee children in schools near their residences.
The plea, moved by the NGO Social Jurist, challenges the Delhi High Court’s order dated October 29, 2024.
The High Court had disposed of the writ petition, ruling that since the Rohingyas are foreigners who have not been legally granted entry into India, the petitioner should approach the Ministry of Home Affairs.
The court directed the Ministry to address the matter in accordance with the law and expeditiously decide on the representation.
The petitioner through Advocate Ashok Aggarwal stated that on November 4, 2024, a representation was submitted to the Home Secretary, Ministry of Home Affairs, Government of NCT of Delhi, requesting the issuance of an order to clarify that all refugee children residing in India are entitled to education under Articles 14, 21, and 21A of the Constitution of India, in accordance with the RTE Act, 2009, regardless of their nationality. A reminder was sent on November 28, 2024, but no response has been received to date.
The plea stated that Article 21A of the Constitution of India does not differentiate between Indian and foreign citizens when it comes to providing education to children between the ages of 6 and 14 years. “It is submitted that any child within this age group, present on Indian soil, is entitled to free and compulsory education as a fundamental right under Article 21A of the Constitution of India.
the plea read.
It also stated that the impugned actions of the respondents, Municipal Corporation of Delhi and Directorate of Education, Government of NCT of Delhi, in refusing admission to Rohingya refugee children due to the lack of an Aadhar Card, are arbitrary, unjust, malafide, discriminatory, unethical, and anti-child. “These actions violate the fundamental right to education guaranteed under Articles 14, 21, and 21-A of the Constitution of India, as well as the Right of Children to Free and Compulsory Education Act, 2009, and the Delhi School Education Act, 1973, along with the rules framed thereunder,” the plea stated.
“The Rohingya refugee children do not possess Aadhar cards or bank accounts, as these are not permitted by Indian authorities. Furthermore, the absence of an Aadhar card cannot be a valid reason to deny school admission to any child, as established by the Constitution Bench of the Supreme Court in Justice K.S. Puttaswamy (Retd) vs Union of India, decided on September 13, 2023,” the plea read. (ANI)
