The apex court order will allow such children the right to free education under law
The Supreme Court bench of Chief Justice of India (CJI) JS Khehar and Justices DY Chandrachud and Sanjay Kishan Kaul on May 5 said it was satisfied that all states have agreed to treat HIV-positive children as a disadvantaged group as far as right to education was concerned.
The court was hearing a petition by the Naz Foundation (India) Trust, which sought directions to protect the HIV infected children and provide them with special benefits as per the Right of Children to Free and Compulsory Education Act, 2009.
The court said that notice had been issued to all the states and they were all made parties. The CJI said that the Union government has asked the states to issue notification, and if they have any issues against the notification, “they can come to us and specify the reason. But none of them has come. This means all of them want to (implement).”
Justice Chandrachud said: “We are right now dealing with the children who are HIV+, they should be treated as disadvantage groups under Right to Education Act.”
The order said: “We are informed that the UoI addressed the situation to all education sectors of all states except Jammu and Kashmir. None of the state governments or UTs has come out against the notification. We are therefore satisfied that all states are agreeable that the children with HIV+ are part of the disadvantaged groups under right to education. In view of the absence of any objection, we direct the state governments to issue notification within 8 weeks considering all the prayers in the present petition.”