The Bombay High Court on Friday expressed apprehension that parents may abandon children, especially girl children, in order to get reservation benefits if at all any such reservation is created for abandoned children.

A division bench of Justices GS Patel and Neela Gokhale was hearing a plea by the NEST foundation, an NGO which urged the Court to direct the government to create reservation benefits for abandoned children at par with orphaned children. 

Opposing the proposition, Advocate General Dr Birendra Saraf argued that the if the State government grants such reservation to abandoned children, it may create a situation where children are deliberately abandoned to be included under the fold of reservation. 

“Orphanage is a matter of fact but abandonment can be created. It happens. This is the sad truth. The government does not want to create such a situation,” the Advocate General said. 

“This is our anxiety too. It will encourage abandonment, especially of girl children. We need to find a balance,” the bench replied. 

Appearing for the NGO, advocate Abhinav Chandrachud told the Court that the Juvenile Justice Act does not create any classification between an abandoned and orphaned child. Hence, there was no reason for the State government to create such a classification, he argued. 

The bench emphasized that a balance ought to be struck as the State government should not shirk away from its responsibility to take care of abandoned children.

“We come across horrific cases where children are abandoned in railway stations. Then such children are taken to State-run shelters. The State government is not shirking away its responsibility of taking care of such children,” the bench said.

Saraf chimed that the State was taking care of abandoned children till they attain the age of 18 years. However, it is just that reservation was not being provided to abandoned children, he said.

“The government just cannot provide reservations to abandoned children. Reservation is entirely a policy decision of the government,” he added.

The petition by the NEST foundation was originally filed in 2022. The NGO had sought a certificate from the authorities to declare two girls as abandoned children.

In February 2023, the State government informed the Court that there was no government policy permitting a certificate to be given to an abandoned child.

It added that authorities could issue certificates only to orphans as they were entitled to reservation.

The bench then asked the State to explain whether there was any basis to view an abandoned child as more advantaged than an orphan child.

In March 2023, the State filed an affidavit apprehending that parents may intentionally abandon children and misuse the provisions. 

The Court was not pleased with such a submission at the time and questioned whether the officer who deposed in the affidavit understood the ‘dire circumstances’ in which parents generally abandoned their children. 

It opined that any child who lacked one or both parent/s would be considered an abandoned child.

The Court will continue hearing the matter in the next week.