Introduction:

In a landmark judgment, the Rajasthan High Court has reaffirmed the fundamental right to education for a minor rape survivor, directing state authorities to ensure her academic pursuits are supported until she reaches adulthood. The case involved an 11-year-old girl, a victim of sexual assault, who gave birth and expressed a desire to continue her education to build a better future.

Judgement:

Justice Anoop Kumar Dhand, presiding over the matter, emphasized the significance of Article 21A of the Indian Constitution, which guarantees the right to education for every child. He highlighted that the Right of Children to Free and Compulsory Education (RTE) Act, 2009, enforces this right, mandating both central and state governments to facilitate education for all children.

The court directed the Superintendent of the Government Balika Grah to admit the minor into a nearby government school and to bear all educational expenses until she attains the age of majority. Additionally, the Superintendent is required to submit annual reports detailing the girl’s academic progress.

This judgment underscores the judiciary’s commitment to safeguarding the rights and welfare of vulnerable children, ensuring that victims of heinous crimes are not deprived of opportunities for growth and development.