The Bombay High Court has recently observed that granting equal reservation benefits to abandoned children, as provided to orphaned children, might inadvertently encourage the act of abandonment.
Justices Gautam Patel and Neela Gokhale presiding over the bench expressed concern that this approach could potentially lead to a rise in child abandonment, particularly of ‘girl’ children.
However, the bench said that there was a need to find balance.
Justice Patel stated, “We come across horrific cases where children are abandoned in railway stations. Then such children are taken to state-run shelters. The Maharashtra government is not shirking away its responsibility of taking care of such children.”
The court’s attention was drawn to a petition, presented by the ‘NEST Foundation NGO and two adult abandoned girls, seeking the extension of reservation benefits in educational institutions to abandoned children, similar to those given to orphaned children.
Counsel for the petitioner, Abhinav Chandrachud, argued that the Juvenile Justice Act does not establish any differentiation between orphaned and abandoned children, questioning the state government’s classification in this regard.
In response, Advocate General Birendra Saraf contended that incorporating abandoned children within the ambit of the resolution might inadvertently create a scenario where children are abandoned deliberately to improve their chances of securing admission to certain institutions.
Saraf stated, “Orphanage is a matter of fact, but abandonment can be created happens, this is the sad truth. The government doesn’t want to create such a situation.”
Therefore, the bench agreed to this and stated, “This is our anxiety too. It will encourage abandonment, especially of girl children. We need to find a balance.”
Acknowledging that the government holds the responsibility of taking care of abandoned children until they reach the age of 18, Saraf emphasized that providing reservations for all abandoned children may not be viable, as it is a policy decision entirely within the government’s purview.
Further, Saraf clarified that orphaned children who have been adopted would not be entitled to reservation benefits since they now have parents and a family capable of caring for them.
Advocate Abhinav Chandrachud stated that the two petitioners seek permission from the court to apply under the ‘orphan’ category while applying for admission to a medical college.
However, the bench noted that it can’t pass such an order when the issue is pending before it. “The matter is pending and no final decision has yet been taken,” the bench said.
Further, the court said that it would continue hearing the matter next week.
