Supreme Court Directs NCPCR To Develop Web Portal Reflecting Information Of Action Taken By States To Ensure Education Of Children Who Dropped Out Due To COVID-19

The Supreme Court, on Monday, directed NCPCR to come up with a web portal reflecting information pertaining to action taken by State Governments for continuance of education of children who were constrained to drop out of schools because of the adverse effects of the pandemic.

On the last date of hearing, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai had asked NCPCR to submit a response with suggestions to ensure continuance of education for such children. On perusal of the NCPCR affidavit, the Bench directed the State Governments to comply with its suggestions.

Seeking directions to be passed against States to ensure continuation of education for children who have dropped out of schools because of the adverse effects of the pandemic, Amicus Curiae, Mr. Gaurav Agarwal, submitted States have a statutory, as well as Constitutional duty towards compulsory education of children of the age group of 6-14. He referred to Sections 4, 8(f), 9(e) and 12(3) of the Right to Education Act, 2009 to substantiate his submission.[1]

He submitted -

"The suggestion is that if a child has dropped out during the pandemic, they have to be located, reasons for dropping out needs to be asserted and then either the child is put back to that school and if they have migrated then the child has to be located."

The Bench was apprised that NCPCR in compliance of its order dated 03.05.2022 directing it to submit a response indicating the course of action to be taken to ensure continuation of education for the concerned children, had submitted detailed suggestions in this regard. Mr. Agarwal impelled the Bench to direct the State Government to implement the said suggestions.

For identifying the concerned children NCPCR suggested -

a. The children, who have been absent from their respective schools for 30 consecutive working days, be treated as drop-out children and the District Education Officer of every district ought to be engaged in mapping such children. The 30 days' parametre had been set out based on Rule 2B(2) of the Child Labour (Prohibition & Regulation) Rules which states that when children remain absent for 30 days' without intimation the same is to be reported with the nodal officer. However, NCPCR had noted that in most of the States these nodal officers have not yet been appointed.

b. A child of 6-14 years of age should be considered to be out of school if they have never been enrolled or have been absent for 30 days after enrollment;

c. Children who have never been enrolled in school shall also be considered to have dropped out of school;

d. Children who had enrolled but did not complete 8 years of compulsory education;

e. Children who are above 14 years of age but have dropped out due to financial constraints during the pandemic;

f. The District Education Officers and District Child Protection Officers should identify the reasons for the children dropping out of schools.

One identified the subsequent steps to be taken to reinstate their enrollment for elementary education, it suggested -

a. In case of monetary constraints of children studying in private schools, the Government can bear the cost of elementary education of these children.

b. The child along with guardian is to approach the District Magistrate and Child Welfare Committee to avail the above-mentioned benefit.

c. The children can get an income certificate made with assistance from the District Child Protection Officer. On the basis of such certificates and the child's eligibility, they can be admitted to schools.

d. Aided, unaided and private schools should implement Section 12(1)(c) RTE Act, 2009 and admit the concerned children.

e. Non-payment of fees should not be a reason for any school, including minority institutions and residential schools to force children to leave.

f. For Classes above VIII, which is outside the ambit of the RTE Act, the State Governments should devise guidelines.

g. The particulars of children seeking financial assistance can be forwarded to the District Education Officers, who can provide scholarships based on eligibility or financial aid through donors, NGOs/CSOs.

The Bench noted that as per the affidavit of NCPCR, 1,25,052 children have dropped out of schools in 13 States which includes data for about 152 districts.

At the request of the Amicus, the Bench directed the State Governments as under -

"The Ld. AC submitted that the State Governments should comply with the suggestions made by NCPCR without fail. We take note of the serious problem of discontinuance of education of children caused due to pandemic and other situations which we cannot envisage. The facts have been placed before us pertaining to the number of children who have discontinued elementary education would show that for whatever reason a large number of children have not been attending schools. There is an obligation on part of State Governments/Union Territories to ensure that children attend schools. Steps to be taken by the State Governments/Union Territories are mentioned in relevant statutes. They are directed to comply with the suggestions made by NCPCR…"

Justice Rao suggested that like the Baal Swaraj Portal, NCPCR can come up with a web portal wherein the action taken by the State Governments with respect to continuance of education of children would be reflected. Accordingly, the Bench directed -

"NCPCR is directed to come up with a web portal where the information pertaining to action taken by State Govt for continuance of education of children is updated."

The State Governments were granted liberty to approach the NCPCR for modifications.

The order further recorded -

"One of the issues flagged by NCPCR is migration certificates not being issued promptly by schools…State Governments/Union Territories are directed to instruct the concerned authorities to ensure that the migration certificates are issued to children moving away from the place of education."

[Case Title: In Re: Children in Street Situations SMW(C) 6 of 2021 and In Re Children in Need of Care and Protection Due to Loss of Parents During COVID-19 SMW(C) 4 of 2020]

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