Delhi State Government directed to grant admission to children of HIV affected couple in government school

Delhi High Court: While dealing with a matter related to a writ petition filed by a couple suffering from HIV positive, the Court has directed the Government of National Capital Territory of Delhi to grant admission to two minor children of the petitioners in any Senior Secondary School in the vicinity of Aaya Nagar, New Delhi. The petitioner No.1 and his wife petitioner No.2 tested Positive for HIV and cannot look after their business. The counsel for the petitioners stated that as of now a significant amount of petitioner’s income is spent on medication and treatment. He also stated that their minor children are at the risk of being abused and neglected if left to fend for themselves.

The writ petition was filed under Art. 226 seeking a direction to the State to provide financial and educational assistance for the upbringing of minor children of petitioner in accordance with the National Child Policy and Article 21 of the Constitution of India. It is also stated by the counsel for Union of India that as per the Right to Education Act, it is the duty of the State Government/Union Territory to provide opportunity of admission to all children of 6 to 14 years age in a government school.

The single judge bench comprising of Manmohan J., after considering the facts and circumstances, directed the Delhi Government to grant admission to the children in any senior secondary school. The Ministry of Women and Child Development had also filed an affidavit in which it is stated that the children of HIV/AIDS victims can be placed in Foster Care by the Child Welfare Committee, and the said Committee can also grant assistance of Rs.2000/- per month per child. Consequently, the Counsel for petitioners was asked to file an application before the Child welfare committee to avail assistance of Rs.2000/- per month per child. [Mr. A v. Union of India, 2016 SCC OnLine Del 2079, Decided on 01-04-2016]

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