COVID Orphans : Supreme Court Directs District Magistrates To Personally Interact With Children To Review Health & Education

On Monday, the Supreme Court in the suo moto matter pertaining to the children in need of care and protection, who have lost their parents during the COVID-19 pandemic, directed that the District Magistrates should expeditiously complete the review process for identification of children entitled to benefits.A bench comprising Justice L Nageswara Rao and BR Gavai ordered :"The District Magistrate is required to interact with children personally and review health and education parameters. The DM has to ensure benefits reach the children. We are informed by Ms Bhati, ASG that a timeline of one months has been fixed in the scheme from registration to approval to come from Union of India This timeline is not being followed by DMs. Any delay caused in identification by Union of India for grant of benefits under PM Cares Fund would be to the detriment of the children who need assistance.The main purpose of the scheme is to ensure that the education of the children under the scheme is not disrupted. The DMs are directed to review the present status of each child who is identified for receipt of the PM Cares Fund...The DMs are directed to ensure that the education of the children whose cases are sent up to be approved to Central Government is not disrupted for any reason whatsoever. In respect of those children who have become orphans...or not covered by the PM Cares Fund, the authorities from the education Department of the State Govt. and UTs should address the concern of discontinuance of education of such children. If the children are studying in Govt. school, they should be permitted to continue without payment of any fees...Private schools, the District Educational Authorities are directed to ensure continuation in those private schools, in consultation with private schools without any further financial stress."At the outset the Bench enquired about the directions that the Amicus Curiae Mr.Gaurav Agarwal sought from the Court. Referring to his notes, Mr. Agarwal read out the two broad issues that he wanted the court to look at. The first issue is with respect to the working of the PM Cares Fund. Mr. Agarwal apprised the court that the PM Cares scheme has two functions. The first one is wherein a sum is invested in the post-office accounts in the name of the beneficiaries. Pointing out that the same is not an issue in the present proceeding, Mr. Agarwal addressed the issue of concern. The District Magistrate plays a pivotal role in the PM Cares scheme because he is supposed to act as a legal guardian of the children and is to interact with the children to ensure that the Children are being benefited from the scheme. The first direction sought was with respect to the larger purpose of the scheme - the DM is to ensure that the children's education is not disrupted for any reason whatsoever. "While sufficient progress has been made for identification of the children, approval of registration and opening of post office accounts, the larger purpose of the scheme is to ensure that the child's education does not get disrupted due to unfortunate events arising out of COVID 19. This aspect to be reviewed for each child by the DM and each State Gov would inform the steps taken in respect to this Hon'ble Court. This is the first direction I am seeking with respect to the scheme of the PM Cares fund." The second issue is with respect to the ascertainment of reasons for children dropping out of schools. Considering that schools in almost all states have reopened, there should be an obligation on the schools to ascertain if students have dropped out and also the reason for the same. It is further to be ensured that financial distress does not affect the continuation of education for the children who have lost their parents to COVID-19. The exercise is to be carried out especially for the students who would not be covered under the PM Cares Fund scheme. "They should ensure financial distress for loss of parents does not result in discontinuation of the education of students...The court may consider the feasibility of issuing the appropriate direction to the school authority. Ministries of the State. Those who are covered by PM Cares they fall in one category that is under the scheme of the Govt of India, the others who your lordships have directed that their educational status should not be disrupted that exercise now should be done, because in all states the schools have opened or will be opening soon..." Chhattisgarh With respect to the mechanisms resorted by the States to ensure that children, who have lost their parents do not drop out of schools for financial distress, Mr. Agarwal submitted - "Then for the previous directions,qua six states, I have requested directions…" Coming to the sponsorship scheme floated by Chhattisgarh, he pointed out - "Qua Chhattisgarh if your lordships would recollect there was a dispute about the sponsorship scheme. The...

COVID Orphans : Supreme Court Directs District Magistrates To Personally Interact With Children To Review Health & Education

Sohini Chowdhury

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