The Delhi High Court has delivered a sharp reminder of a long-ignored truth: thousands of children living on the streets, in slums, under flyovers, and at traffic signals are still waiting for the education the Constitution promises them.
On Thursday, the court demanded a clear, actionable plan from the Delhi government and the Municipal Corporation of Delhi (MCD) on how they are ensuring free and compulsory education for every child up to 14 years of age, especially those who belong to the city’s most vulnerable groups — homeless families, migrant labourers, street dwellers, and children forced into begging.
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing a PIL filed by the organisation Justice for All, which highlighted the glaring gap between policy and reality when it comes to the education of street children.
“We cannot ignore these children” — Court’s strong remarks
During the hearing, the judges made it clear that the issue is not only one of legality, but of humanity.
The court noted that children living on pavements or working at red lights remain invisible to the education system. Many are unable to enrol in school due to the lack of documents, stable shelter, or parental support. Some are pushed into rag-picking and begging, while others migrate frequently with their families, disrupting any chance of schooling.
The bench stressed that the judiciary cannot turn a blind eye to the educational deprivation of these children.
With the introduction of Article 21-A, the Right to Education has become a fundamental right for every child aged 6 to 14. This places a legal and moral obligation on the state to bring every child — not just those with homes and documents — into school.
Laws already exist. Implementation does not.
The court pointed out that the necessary laws are already on the books.
The Right to Education Act, several parliamentary enactments, and the Delhi Primary Education Act empower the government and local authorities to ensure that all children can attend school, regardless of their socio-economic background.
The problem is not the absence of legislation — it is the slow, inconsistent, and often ineffective implementation on the ground.
Many children living on the streets lack basic identity documents such as Aadhaar, which schools often insist upon. Others are denied admission simply because they have never been to school before and struggle with age-appropriate assessments.
The court reminded the authorities that poverty cannot be a reason to exclude a child from the education system, and the responsibility to bridge these gaps lies entirely with the state.
What the Court has demanded
The Delhi High Court has asked the Delhi government, the MCD, and the Delhi Commission for Protection of Child Rights (DCPCR) to submit a detailed status report. This report must specify:
- What mechanisms are currently in place to bring street children and those from migrant families into schools
- How many children have been identified and enrolled so far
- The challenges that remain
- The roadmap for strengthening and expanding these efforts
- The coordination plan between agencies like MCD, DCPCR, and NGOs
The court’s order sets the stage for increased accountability, and possibly new policy interventions if the current system proves inadequate.
Street children: the invisible victims of the education gap
Delhi has an estimated 70,000+ street children, though unofficial estimates place the number significantly higher. Many roam around markets like Connaught Place, Jama Masjid, Chandni Chowk, Kashmiri Gate, and Anand Vihar. Others live in clusters under metro bridges or near construction sites.
For them, school is not just about textbooks — it is a pathway out of exploitation and generational poverty.
Yet, these children often remain outside the education net because:
- They move frequently due to migrating parents
- They work to support their families
- They lack documents
- They have no fixed address
- Schools hesitate to take responsibility
- There is limited outreach or follow-up
The court’s intervention is a push to break this cycle.
Why this order matters
This case goes beyond policy compliance. It speaks directly to India’s commitment to protecting its most vulnerable children.
If even one child is denied education because of homelessness or poverty, the promise of the RTE Act remains unfulfilled. Delhi, as the national capital, carries a special responsibility to show the country what inclusive education truly looks like.
With this order, the High Court has placed the spotlight back on a crisis that rarely receives sustained attention — the silent educational exclusion of children who live in the margins of the city.
The upcoming status reports from the authorities will reveal how far Delhi has come and how far it still has to go.
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