On August 6, 2025, the Supreme Court of India issued a landmark directive: all state governments must notify orphaned children as eligible under Section 12(1)(c) of the RTE Act, so they receive free education in private schools under the 25% quota for disadvantaged and weaker sections. The bench of Justices BV Nagarathna and KV Viswanathan ordered states to complete these notifications within four weeks and file affidavits confirming compliance.

Simultaneously, the Court mandated a comprehensive survey of orphaned children—both those who have received admission and those who were denied to be included in the census framework, with findings reported ahead of 2027 census data inclusion. 

States including Delhi, Gujarat, Sikkim, Meghalaya, and Arunachal Pradesh have already issued such notifications, and other states are directed to follow suit.

This intervention reflects the judiciary’s recognition that orphaned children—estimated at over 20 million by UNICEF are routinely excluded from RTE’s benefits due to lack of documentation or legal clarity. By affirming that "child" under RTE includes orphans, the Court reinforces state obligations under Articles 21A and 46 of the Constitution to ensure free and inclusive elementary education for every child. 

With this ruling, the Supreme Court frames orphan inclusion not as optional charity, but as a constitutional imperative and a test of India’s commitment to equitable education access for all.