In a compelling affirmation of constitutional rights and human dignity, the Rajasthan High Court has once again reminded the nation of its solemn obligation to protect and empower its children, particularly its girls. In Victim v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 821/2024), The High Court Bench at Jaipur, led by Justice Anoop Kumar Dhand, delivered a pathbreaking order that reinforces the State’s responsibility to ensure education for every girl child, especially those in vulnerable and institutionalised settings.
Background of the Case
The case originated from a series of letters submitted by the Superintendent of Government Balika Grah (Girls’ Home), Gandhinagar, Jaipur. The petitioner, a minor girl who had earlier been admitted to the government-run shelter home on court orders, had recently given birth to a child. The newborn was placed under the custody of the Central Adoption Resource Authority (CARA) for adoption.
In the aftermath of this event, the petitioner expressed her strong desire to pursue education and rebuild her life. The letters requested permission from the High Court to allow the minor to be enrolled in Class III, thus initiating her formal schooling journey.
Prior Court Orders and Welfare Measures
Justice Dhand had previously issued a detailed set of directions on January 17, 2024, when deciding the same writ petition. These directions covered every aspect of the petitioner’s care:
- Admission to Balika Grah and provision of medical, nutritional, and educational facilities.
- Medical care before and after childbirth, including the deployment of a female nursing attendant.
- Preservation of privacy to protect the minor’s identity.
- Child custody to be managed legally through the Child Welfare Committee and CARA.
- Compensation under the Rajasthan Victim Compensation Scheme, 2011 to be deposited in the petitioner’s name until she reaches majority.
- DNA sample collection and preservation for investigation purposes.
- Continuous supervision by the Superintendent of Police, Child Protection Officer, and Legal Services Authorities.
These orders were holistic and aimed not just at medical intervention but also at the long-term protection, rehabilitation, and education of the minor.
Right to Education: A Constitutional Promise
In addressing the petitioner’s request to study, the Court invoked Article 21A of the Indian Constitution, which guarantees free and compulsory education to all children aged 6 to 14 years. This right was enshrined through the 86th Constitutional Amendment and operationalized via the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
Justice Dhand underscored the statutory mandate of the RTE Act which places a legal duty on the State to ensure:
- No child is denied education due to inability to pay fees or charges.
- Every child has access to a quality formal school that meets basic standards.
- Education is both free and compulsory, with active steps by the government and local authorities to enroll and retain children in schools.
Special Case for Girl Child Education
In a deeply empathetic observation, the Court highlighted the ongoing challenges faced by girls in accessing education in India:
- Societal expectations often pressure girls into household roles and early marriage.
- Financial constraints frequently result in prioritising boys’ education.
- Girls, especially those from disadvantaged backgrounds, often lack institutional support and protection.
The Court emphasised that educating girls serves as a powerful tool for combating poverty, reducing gender inequality, and preventing child marriage. It also significantly improves health outcomes, economic prospects, and social mobility.
The Court’s Final Directions (April 25, 2025)
Recognising the petitioner’s courage and determination to pursue education, the Court issued a new set of directions:
1) Immediate School Admission: The Superintendent of Balika Grah was permitted to admit the petitioner to a nearby government school.
2) State-Funded Education: The Department of Child Rights was directed to cover all costs, including books and study materials.
3) Monitoring and Compliance:
- The Superintendent of Balika Grah, Superintendent of Police (Rural), and the Child Protection Officer were directed to:
- Oversee the child’s education till she attains majority.
- Submit annual progress reports to the Court beginning July 2025.
The letters submitted by the shelter authorities were officially disposed of, and a copy of the order was sent for compliance and implementation.
A Progressive and Humane Judicial Standpoint
This judgment goes far beyond merely permitting school admission. It reinforces a vision of child-centric justice, where rehabilitation through education is not an afterthought but a cornerstone of recovery and empowerment.
Justice Dhand’s order affirms that even the most vulnerable child is entitled to the full protection of the law and the fulfillment of her fundamental rights. The Court didn’t just respond to a legal plea—it upheld a moral and constitutional obligation to ensure that the child victim isn’t defined by her trauma but empowered to move beyond it.
Conclusion
In a society grappling with complex issues of gender justice, child protection, and the socio-economic inequality, this case sets a clear and actionable precedent: that education is not a privilege, but a constitutional guarantee, and the State must act as a guardian for every child—especially those abandoned, exploited, or victimized.
As India continues its journey towards inclusive development and gender parity, this judgment serves as both a beacon of hope and a call to action. Every girl deserves not just shelter and safety, but also the tools to dream, learn, and succeed—and the law must ensure she receives them.
