Girls Often Expected To Prioritize Household & Marriage, State Obligated To Implement Their Fundamental Right To Education: Rajasthan HC

Rajasthan High Court has granted permission to the Superintendent, Government Balika Grah, to admit a 11 year old rape victim, in any Government School situated near the vicinity of the Balika Grah, and to bear expenses of her studies till she attained the age of majority.

The bench of Justice Anoop Kumar Dhand also directed the Superintendent, Balika Grah, to submit report along with documentary proof of the victim's admission in the School, and also yearly report in July, till she attained majority.

The Court was hearing three letters written by the Superintendent, Government Balika Grah, requesting the Court to permit the victim to study in Class III.

The petitioner was a rape victim who gave birth at the age of 11, and thereafter wanted to study to make a career.

The Court observed that Right to Education was fundamental right of every child as per Article 21A of the Constitution which was further represented by the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

It was opined that with these, India had moved to a rights based framework that casted legal obligation on the Central and State Governments to implement Article 21A in accordance with the provisions of RTE Act.

The Court further stated that education was one of the most important tools for empowering girls and women since it addressed several social issues like poverty, gender inequality, child marriage and population growth. However, despite these benefits, many challenges remained in India.

“Educated girls are more likely to delay marriage and childbirth, leading to better health outcomes for themselves and their children…Despite the benefits of girl education, many challenges remain in India. Girls are often expected to prioritize household chores and marriage over education, and many families cannot afford to send their daughters to school. Additionally, there is a significant gender gap in education, with girls lagging behind boys in enrollment, completion rates, and literacy.”

In this background, the Court permitted admitting the victim to Government School in the vicinity of the Balika Grah and directed the State to bear expenses of her studies till the age of majority.

Title: Victim v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 163

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