The Rajasthan High Court, through Justice Anoop Kumar Dhand, reinforced the fundamental right to education of an 11-year-old rape survivor by directing the state to ensure her school admission and bear the cost of her studies until she reaches adulthood.
The court was responding to three letters submitted by the Superintendent of Government Balika Grah, Gandhinagar, Jaipur. These letters sought permission for admitting the young girl, currently residing at the child care home, to Class III in a nearby government school. The victim had given birth at the age of 11 and now aspired to pursue education to build a career.
“Right to Education is the fundamental right of every child under Article 21A of the Constitution and is further supported by the RTE Act, 2009,” the Court emphasized.
Justice Dhand had earlier issued detailed directions in January 2024, ensuring medical care, food, shelter, privacy, and other essential services for the minor. The court also permitted the adoption of the child born to the victim, in accordance with law, and ordered compensation to the victim under the Rajasthan Victim Compensation Scheme, 2011.
"The Superintendent...is directed to allow the petitioner to remain there till the age of her attaining majority and provide her all facilities including education etc till the date of her attaining majority." — Justice Anoop Kumar Dhand
Highlighting India's obligation under the Constitution and the RTE Act, the court reiterated that education must be both free and compulsory for children aged 6 to 14 years. The Act mandates the government to ensure admission, attendance, and completion of education without charging any fees.
"Free education means no child shall be liable to pay any kind of fee...which may prevent him or her from pursuing elementary education."
The court acknowledged that despite policy efforts, many girls in India continue to face hurdles such as poverty, domestic expectations, and social norms that prioritize marriage over education.
"Girls are often expected to prioritize household chores and marriage over education...there is a significant gender gap in enrollment, completion rates, and literacy."
Considering the victim’s keen interest in education, the court granted permission for her admission in a nearby government school. It ordered the Superintendent of Balika Grah to not only enroll her but also provide books and all necessary learning materials.
"It is just and proper to grant permission...to admit the victim in any Government School nearby and bear expenses of her studies till attaining majority."
To ensure compliance and continuity, the Superintendent of Police (Rural), Child Protection Officer, and the Superintendent of Balika Grah were instructed to submit documentary proof of admission and annual progress reports every July until she turns 18.
"They are directed to visit the victim child to ensure that her studies continue...and to submit a report in this regard to this Court every year in the first week of July."
This judgment reaffirms that the state holds a legal and moral responsibility to protect and empower girl children, especially those from vulnerable backgrounds, through guaranteed access to education and welfare.
Title: Victim v State of Rajasthan & Ors
