Delhi HC seeks government, MCD response on education for destitute and migrant children
Nov 13, 2025
New Delhi [India], November 13 : The Delhi High Court on Thursday showed displeasure with the government and the Municipal Corporation of Delhi (MCD) for failing to ensure access to free and compulsory education for children who beg on the streets or belong to destitute and migrant communities.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said the state cannot ignore the presence of children roaming the streets without any access to schooling.
Citing constitutional guarantees and statutory obligations, the Bench underscored that providing free education to every child is an uncompromisable responsibility.
"The State cannot play dumb," the Court orally remarked, expressing concern over the absence of concrete action to bring such children into the education system.
The Court directed both the Delhi government and the MCD to file detailed affidavits within six weeks, outlining the steps taken to ensure free and compulsory education for children up to 14 years of age who are beggars, destitute or migrants.
The directions were issued while hearing a petition filed by Justice For All, a non-profit organisation, which sought orders to secure educational access for these vulnerable groups.
Noting the insertion of Article 21A into the Constitution, the Bench observed that the right to education now holds the status of a fundamental right, making it mandatory for governments and local bodies to act. It added that several central and state legislations are already in place and can be effectively used to ensure that no child, regardless of background, is left out of school.
To strengthen the inquiry, the Court also impleaded the Delhi Commission for Protection of Child Rights (DCPCR) and sought its response on the issue.
