The Madhya Pradesh High Court has taken cognizance of a Public Interest Litigation (PIL) filed by the Disha Education and Welfare Foundation, a registered society dedicated to safeguarding the fundamental rights of orphaned children in India. The PIL seeks the formulation of a comprehensive policy aimed at the welfare and upliftment of orphan children, specifically advocating for their reservation in government and non-government services, as well as in educational institutions.
A division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain presided over the matter. During the hearing, the petitioner's counsel highlighted the absence of a robust policy framework by the Madhya Pradesh government for the welfare of orphaned children. It was pointed out that the state lacks comprehensive data on orphaned children and has not implemented any reservation provisions for them in educational or employment sectors.
The petitioner acknowledged the existence of the "Mukhyamantri Baal Ashirwad Yojna-2022," a scheme that provides a monthly financial assistance of Rs. 2,000 to orphaned children. However, the petitioner criticized this initiative as a mere formality, lacking substantive measures for the holistic development and integration of orphaned children into mainstream society. The petition emphasized that financial aid alone is insufficient and called for structural reforms, including reservation policies, to ensure equal opportunities for orphaned children.
Drawing comparisons with other states, the petitioner noted that regions like Chhattisgarh, Uttarakhand, Maharashtra, and Delhi have implemented policies granting vertical reservations to orphaned children in various sectors, including government and semi-government services, as well as educational institutions. The PIL advocates for Madhya Pradesh to adopt a similar approach, proposing a 10% reservation for orphaned students across government, semi-government, non-government services, coaching centers, and educational institutions.
During the proceedings, the court inquired about the number of orphan homes in Madhya Pradesh and the educational provisions available to the children residing in these institutions. The petitioner's counsel responded that there is no official data available and estimated the existence of approximately 10 to 12 orphan homes in the state. Furthermore, it was revealed that not all orphaned children receive the stipulated financial assistance, and there is a lack of structured educational support for them.
The court expressed concern over the state's failure to identify and maintain records of orphaned children, questioning the efficacy of the existing welfare measures. The bench emphasized the need for a comprehensive policy that goes beyond financial aid, focusing on the educational and employment integration of orphaned children.
In response to the PIL, the Madhya Pradesh High Court issued a notice to the state government, seeking a detailed response regarding the current policies and measures in place for the welfare of orphaned children. The court has directed the state to provide information on the number of orphan homes, the educational and employment opportunities available to orphaned children, and the steps being taken to formulate a comprehensive welfare policy.
This development underscores the judiciary's proactive role in addressing the systemic challenges faced by orphaned children in Madhya Pradesh. The court's intervention aims to ensure that orphaned children are not merely recipients of financial aid but are provided with equal opportunities to thrive through access to education and employment. The outcome of this PIL could set a precedent for other states, emphasizing the importance of inclusive policies that cater to the needs of vulnerable sections of society.
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