A Public Interest Litigation has recently filed in the Delhi High Court challenging the denial of school admissions to Rohingya refugee children from Myanmar due to their lack of Aadhaar cards.
The PIL, submitted by the NGO Social Jurist, argues that the Municipal Corporation of Delhi is acting arbitrarily and unlawfully by denying statutory benefits to these students.
The petition claims that such actions violate the fundamental right to education as enshrined in Articles 14, 21, and 21-A of the Constitution of India, along with the Right of Children to Free and Compulsory Education Act, 2009.
It highlights that the MCD is refusing admission based on the absence of Aadhaar cards, bank accounts, and other documents, aside from the refugee cards issued by the UNHRC.
The plea underscores that as long as these children are in India, they are entitled to fundamental human rights, including access to education as guaranteed by the Constitution and relevant laws. Denying them this right is a breach of both their fundamental and human rights.
Additionally, the petition points out the responsibility of the Directorate of Education and the MCD to ensure that all students under the age of 14 are admitted to government or MCD schools, particularly in the Sri Ram Colony and Khajoori Chowk area where these children live.
It stresses that these authorities must ensure that all enrolled students receive the statutory benefits they are entitled to.
This case highlights the pressing need for equitable access to education for vulnerable populations and the importance of upholding the rights of all children, regardless of their nationality or refugee status.
