Centre, States must come up with realistic plan for EWS children, if RTE is to become reality: Supreme Court

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Expressing serious concern over the plight of children belong to Economically Weaker Section (EWS) and Disadvantaged Groups (DG) for not getting access to online education during the pandemic, the Supreme Court on Friday said that the Centre and the States have to come up with realistic and lasting plan to make Right to Education (RTE) a reality.

The top court also asked the Delhi government to come up with a plan which shall be placed before the court for effective implementation of the RTE Act.

A bench of Justices DY Chandrachud and BV Nagarathna was hearing an appeal filed by 'Action committee Unaided Recognized Private Schools' challenging a September 18, last year order of the Delhi High Court directing the private as well as government schools to provide gadgets and an internet package to poor students for online classes.

"Article 21A of the Constitution has to become a reality and if that is to be so, the needs of children from underprivileged sections to receive adequate access to online education cannot be denied," the bench said.

It said that nowadays, schools impart education through online classes, one gets homework online and the children have to upload back the homework but if they are unable to do so, it will be a complete disparity.

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"We must appreciate the Delhi High Court for its judgement. The Judges have poured out their hearts in the judgement. It is heart-wrenching to even think of the disparity among the children. From where will a poor family get a laptop or tab to make their children study online?

"I know our staff has to give their mobile phones to make their children study. In these families mother works as a maid or father is a driver, I am not generalising but these things we see around us, how will they afford a laptop or a computer for online classes," Justice Chandrachud said.

Justice Nagarathna said that due to these problems there is an increase in the drop-out rate and children are faced with the problem of child labour, child marriage, or trafficking.

"If we have to ward off these threats, then the State has to come up with a plan and mobilize funds. It is the responsibility of the government to take care of these children," she said.

The bench said in its order, "We, therefore, direct that it would be necessary to the government of NCT Delhi in the present case to come out with a plan which shall be placed before the court and to effectuate the salient objective of the RTE Act".

It added, "We expect both the Centre and States to take up the matter in close coordination on an immediate basis so that a realistic and lasting solution can be found".

It noted that the High Court order was challenged by the Delhi government and the Centre and this court stayed its operation on February 10 this year.

It directed tagging of the present petition of unaided schools with the pending appeals.

"The issue which has been raised in these proceedings needs early resolution, even as there would be the gradual reopening of schools in view of the receding curve of the Covid-19 pandemic. However, the need to provide adequate computer base equipment together with access to online facilities to children belonging to EWS/DG is of utmost importance," the bench said.

It added that during the course of the pandemic, as schools increasingly turned to online education to avoid exposure to the young children to the pandemic, the digital divide presented stark consequences.

"Children belonging to the DG/EWS, they have to suffer the consequence of not being able to fully pursue their education or will have to drop out due to lack of access to the internet and computers," it said.

The bench said that the management of the unaided recognised schools has come to the court with a plea that the Delhi HC while directing them to bear the cost of providing computer equipment and internet packages and left it open to seeking reimbursement from the State. It said that on the other hand, the state has submitted that it does not have the requisite resources.

"It is for the young generation who represent the future of the nation and cannot be simply ignored in this manner. A solution has to be devised at all levels of government both the State and the Centre to ensure that adequate facilities are made available to children across social strata so that access to education is not denied to those who lack resources," the bench said.

It added that otherwise the whole purpose of the RTE Act enabling the merging of the students from the EWS group to the mainstream of other students even in unaided schools will stand defeated.

"We therefore it would be necessary for the government of NCT Delhi in the present case to come out with a plan which may be placed before the court and to effectuate the salient objective of the RTE Act. The government of India must also engage with the state government," it said, adding that under the RTE Act, both the Centre and the state government are to have collective responsibility for providing funds to carry out the activities for the Act.

It directed the registry to seek instruction from Chief Justice NV Ramana and list all the pending appeals together.

On September 18, last year, the high court had said that to separate such students from others in the same class due to the non-availability of a gadget or a device would generate "a feeling of inferiority" that may "affect their hearts and minds unlikely ever to be undone".

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