7 August 2025 Legal Updates

'Child' Includes 'Orphan Child': Supreme Court Orders Survey To Find If Orphans Are Given Benefits Under Right To Education Act

(a) Case:

• Poulomi Pavini Shukla vs Union of India

(b) Case No.:

• W.P.(C) No. 503/2018

(c) Court:

• Supreme Court of India

(d) Bench:

• Justice BV Nagarathna and Justice KV Viswanathan

(e) Date:

• August 6, 2025

Key Issue

The petition sought care and protection of orphan children in India, specifically focusing on ensuring they receive free and compulsory education under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

Major Facts Presented

• India has 25 million orphans according to UNICEF data - the highest globally
• No official government data is maintained on orphan children
• Orphan children are not counted in the national census
• Several states (Delhi, Meghalaya, Orissa, Jharkhand, Sikkim, Manipur, and Gujarat) have already issued notifications including orphans in the 25% reservation quota under Section 12(c) of the RTE Act

Court's Directions

1. Survey Requirement:

All states and union territories must conduct surveys to determine:

• How many orphan children have received admission under the RTE Act
• How many have been denied free and compulsory education and the reasons

2. Immediate Action:

• States should simultaneously ensure orphan children are admitted to neighborhood schools under the 25% quota if not already done

3. Timeline:

• Four weeks granted for data collection and compliance

5. Notification Requirement:

• States that haven't issued notifications including orphans in the 25% quota should do so, or file affidavits explaining why not

6. Next Hearing:

• September 9, 2025

Additional Development

The petitioner also requested including orphan children in census data. Solicitor General Tushar Mehta agreed this should be considered and said he would seek instructions on the matter.

The case represents a significant step toward ensuring educational rights for India's most vulnerable children.

'Practice Of One Human Pulling Another In A Cart Inhuman': Supreme Court Bans Hand-Pulled Rickshaws In Matheran

(a) Case:

• T.N. Godavarman Thirumulpad v. Union of India & Others

(b) Case No.:

• Writ Petition (Civil) No. 202 of 1995

(c) Court:

• Supreme Court of India

(d) Bench:

Chief Justice BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria

Key Issue

The case addressed the continuation of hand-pulled rickshaw/cart practice in Matheran hill town and the implementation of eco-friendly e-rickshaws as alternatives.

Court's Strong Condemnation

The Supreme Court strongly condemned the practice of manual rickshaw pulling, calling it:

• Inhuman and violative of human dignity
• Inconsistent with constitutional promises of social and economic justice
• A betrayal of promises made after 78 years of independence and 75 years of the Constitution

Legal Precedents Cited

1. Azad Rickshaw Pullers Union vs State of Punjab:

• Held cycle-pulled rickshaws inconsistent with social justice (decided 45 years ago)

2. People of India for Democratic Rights v. Union of India:

• Expansive interpretation of Article 23 regarding forced labor

Court's Directions (6-month timeline)

The Supreme Court directed Maharashtra to phase out hand-pulled rickshaws within six months while implementing a comprehensive rehabilitation scheme modeled on Gujarat's Kevadia project, where the state purchases e-rickshaws and provides them to genuine rickshaw pullers on a hire basis.

The Court established that a monitoring committee under the Matheran Collector would identify genuine rickshaw pullers and determine the required number of e-rickshaws based on ground realities, with remaining units to be allotted to tribal women and others for sustainable livelihood. The Court also permitted laying paver blocks from Dasturi Naka to Shivaji Statue while prohibiting them on internal roads and trading routes, and strictly warned that lack of funds cannot excuse non-implementation of the scheme.

Special Context

• Matheran is an automobile-free hill town due to ecological concerns
• Only fire trucks and ambulances permitted during emergencies
• This case is part of the longest-standing environmental litigation in India (T.N. Godavarman case)

This landmark judgment prioritizes human dignity while ensuring livelihood protection through sustainable alternatives.