New Delhi: The Supreme Court on Wednesday directed all states to conduct a survey of orphaned children who have been denied education under the Right of Children to Free and Compulsory Education Act, 2009.

A bench comprising Justices B V Nagarathna and K V Viswanathan also asked the Centre to consider including data on orphans in the upcoming national census, scheduled for 2027.

The directions came during a hearing on a plea raising concerns about orphans in need of care and protection.

The court also instructed states to survey orphaned children who had already been granted admission under the Act. It asked states to submit affidavits detailing both categories—those admitted and those denied—with reasons.

The petitioner argued that existing central and state schemes for the care of orphans were inadequate and required serious reconsideration.

The court stressed that while data collection is important, states must simultaneously ensure that deserving children are admitted to neighbourhood schools.

The bench granted four weeks for compliance.

The court noted that some states, including Gujarat, Delhi, Meghalaya, and Sikkim, have already issued notifications including orphans in the 25% quota for weaker sections under Section 12(1)(c) of the Act. It suggested that other states also consider issuing such notifications and file affidavits.

During the hearing, the petitioner urged that the census include a separate data point for orphaned children. The bench supported the suggestion.

"There must be a box with regard to orphans also," the bench told Solicitor General Tushar Mehta. Mehta responded, "It should be. I would take it up because orphans are our responsibility."

The court noted that Juvenile Justice Committees in high courts and national consultations are addressing related issues. "So it is not as bad as it was. Positive things are also happening," the bench observed.

The petitioner said that while India provides extensive support for children from weaker sections—through scholarships, reservations, and loans—orphans remain neglected.

Quoting UNICEF estimates, the petitioner said India may have around 25 million orphans, yet there is no official count. "We are conducting a historic caste census but not counting orphans," she said.

India's 16th census with caste enumeration will take place in 2027, with October 1, 2026 as the reference date for snow-bound areas like Ladakh and March 1, 2027 for the rest of the country.

In July 2018, the apex court had agreed to hear a plea seeking reservation for orphans in education and jobs, on par with SC/ST and OBC categories.