Indian Kanoon - Search engine for Indian Law

24. Article 21A of the Constitution of India which is a fundamental right conferred on the children is also relevant our our consideration, which reads thus:

"21A. Right to education.-- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."

sng 31 pil-182.10

25. Under Clause (f) of Article 39 of the Constitution of India, it is the duty of the State to ensure that there is a policy for securing that the children are given opportunities and facilities to develop in a healthy manner. Clause (f) of Article 39 will certainly apply to the mentally ill or mentally challenged children. Merely because they are mentally ill or challenged, they cannot be deprived of their fundamental right under Article 21A of the Constitution of India. Article 45 which is also a part of the directive principles of the State Policy provides that the State shall provide early childhood care and education for all children until they complete the age of six years.

36. Social auditing.- The Central Government or State Government may monitor and evaluate the functioning of the Children's Homes at such period and through such persons and institutions as may be specified by that Government."

27. The Sub-section (1) of Section 34 uses the word "may". The same will have to be interpreted in light of the Directive Principles of State Policy contained in clause (f) of Article 39 and Article 21A of the Constitution of India. Sub-section (1) of Section 34 will have to be interpreted to mean that the State Government is under an obligation sng 33 pil-182.10 to establish and maintain either by itself or in association with the voluntary organisations, Children's Homes and especially the MDC Homes, in every district or group of districts, as the case may be, for the reception of child in need of care and protection during the pendency of any inquiry under the said Act of 2000. Even after inquiry is over, the State Government has to make arrangements for taking the care, treatment, education, training, development and rehabilitation of the children in need of care and protection in the Children's Home. Sub- section (3) of Section 34 provides for registration of all the institutions whether State Government run or those run by voluntary organizations for children in need of care and protection. Section 34 will have to be read with Rule 29 of the Central Rules. The Rule 29 reads thus:

43. The State Government will have to pay appropriate allowances to the Members of all the Committees appointed under the orders of this Court for attending the meetings and travelling allowance to the members of Committees to enable them attend meetings and to visit the MDC Homes.

44. The other issue is about the education of the children in MDC Homes. This issue will have to be now considered in the context of Article 21A of the Constitution of India. We have already quoted Article 21A of the Constitution of India.