Under RTE: Govt definition of ‘orphans’ unclear, puts them at disadvantage

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Three years on, only five or six children have been given admission under the category in Delhi’s private schools. Several factors contribute to this, including lack of awareness among legal and natural guardians about the inclusion of orphan children under the RTE, as well as the complexity of the definition of the word ‘orphan’.

Child Welfare Committees (CWCs) were authorised to provide these certificates to students who apply to private, unaided schools, and want to avail 25 per cent reservation of seats for economically weaker sections and disadvantaged groups under the RTE Act.

However, the government understood this from the perspective of the definition of the word ‘orphan’ as defined under the Delhi Juvenile Justice (Care and Protection of Children) Rules. The rules define an orphan as “a child who is without parents or willing and capable legal or natural guardian”.

As per the then director of the Department of Women and Child Development, the legal interpretation of the rule would exclude children in orphanages or childcare institutions as superintendents of these institutions become legal guardians of the children. This would mean they cannot apply under the reserved category.

CWC member Ritu Mehra told The Indian Express that very few individuals are aware of the fact that an orphan certificate can be acquired by applying to the CWC.

Additionally, officials at the department said orphan certificates would be provided “only after verification of death certificates (of parents) and completion of social investigation of the child”. They added that many among the lower income groups do not always acquire death certificates for their kin, an essential part of the social verification to determine if the child is, indeed, an orphan.

However, in cases where such certificates have been provided, the CWC went by the “understanding” of the word orphans and not the legal definition. “The JJ Act states that the best interest of the child is in the family. So we understand ‘orphan’ as a child without a mother and father and appoint the caretaker, whether legal or natural, as the child’s guardian,” said Mehra.

The department has no consolidated data on the number of such children in the state. Orphans, children from broken homes, neglected children or runaways study at these child-care institutions or in municipal schools.

Neither the court, nor the government have provided the CWCs with a format for issuing these certificates. Therefore, the ‘certificates’ are essentially declarations on CWC letterheads by committee members. The schools take cognizance of this when providing information.

There is no additional staff for conducting an inquiry into the child as well. According to CWC members, support staff at the committee offices conduct the inquiry by going to the locality, speaking to neighbours and verifying the death certificates of the parents.