Plea In Supreme Court Seeks Directions To Centre To Form Uniform National Level Policy To Protects Legal And Fundamental Rights Of Orphans

While highlighting the economic and social hardship faced by orphans, a PIL has been filed before the Supreme Court seeking directions to Centre to prepare a uniform national level policy to deal with the legal and fundamental rights of the orphaned.

According to the petitioner, the orphans have been overlooked and ignored and have been deprived of the rights which are conferred upon the citizens of the country in form of reservation and other benefits such as economic security in pursuing education, higher education and reservation in government jobs.

"The cause of action in the present public interest litigation arises out of absence of any legal and constitutional safeguards to protect the legal and constitutional rights of the orphans who remain un-adopted at par with other citizens who have been granted safeguards under - Art 15(4), Art 15(5) and Art 16(4) of the Constitution." the plea reads.

According to the petitioner, the Centre, including Ministry of Women & Child Development and Ministry of Law and Legal Affairs has failed in their duty to protect the interest of the orphaned citizen who are mostly dependent upon the aid and grants given in the orphanages or child care.

The petitioner has stated that in response to the RTI filed by him in this regard, an 'incomplete and partial reply' was given by the Ministry of Women & Child Development, refusing to answer on the issue of legislation or rules to provide reservation in government jobs to the eligible orphans.

Further, the petitioner has stated that first Appellate Authority disposed of his appeal after answering to the unanswered question stating that there is no provision in Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) regarding legislation or rules to provide reservations in govt. jobs to the eligible orphans.

The plea filed by Adv Abhinav Ramkrishna has stated that, the section of citizens of this country who have been orphaned loose their social, ethnic identity based on caste after the demise of their biological parents or upon being abandoned at the time of birth and therefore there require urgent judicial intervention for the protection of legal and fundamental rights.

The plea has stated that though the state governments may have framed their own rules or provisions to accommodate the orphaned yet the absence of the law by the Union of India in this regard has severely determined the legal and fundamental rights of the orphaned.

While citing Supreme Court's order in the case of Ram Singh vs Union of India where it was observed that State cannot blind itself to the existence of other forms backwardness not based on caste, the petitioner has opined that

those who have been orphaned due to circumstances beyond their control, would also come within one such forms and instances of backwardness.

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