ACCESSING LEGAL IDENTITY DOCUMENTS: PROCESSES, CHALLENGES AND BEST PRACTICES

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SECTION IV: ORPHAN CERTIFICATES: SPECIAL MEASURES BY FEW STATES Orphan and destitute children who have not been or could not be adopted by any foster parents and whose castes have not been identified yet are the most vulnerable section of the society, because they have to pass through many obstacles and miseries once they out of care of CCIs at the age of 18. This is because they neither have any parental documents nor proof of birth records to access legal identity documents required for accessing entitlements. Going by the children’s statistics of the country which said to be 472 million and by this latest survey, the orphan population in India would be around 23.6 million and around 14.16 million may not be living with their biological parents. Considering these children’s vulnerability status, few positive measures also has been taken in the country. For example, by the National Commission for Backward Classes recommended the Central Government that orphans living in orphanages and transgender community should be included in the central list of OBCs for all states and Union Territories so that they can enjoy entitlement like reservation. Honourable Supreme Court of India issued notice to the centre and states in 2018, on a PIL seeking a direction to the Central Government to give orphans the same benefits enjoyed by children of minority communities and BPL categories and asked the Centre to reply to the PIL that has also sought provision of other benefits to orphans like reservation in educational institutions and government jobs for orphans on a par with children belonging to the SC/ST and OBC categories. Few states have taken positive measures in this direction states like Telengana who have included the orphans and destitute children in the list of Backward Class-A and Tamilnadu, and Rajasthan who have also included the Orphans as backward class in their state backward class list and given equal rights and opportunities meant for the said groups in their respective states. The government of Maharashtra also has allotted one percent reservation for the orphans in the educational institutions and government jobs. In Telangana, state government has declared Orphans and destitute children as socially and educationally backward class and included them in Sl. No.55 of BC-A Group. A memo videNo.1340/BCW/OP/2015 dated Jan.11, 2016 was issued by the Backward classes Welfare department.2 The GO says that “The orphans and destitute children who have lost their parents before reaching the age of ten and are destitute; and who have nobody else to take care of them either by law or custom; and also who are admitted into any of the schools or orphanages run by the Government or recognised by the Government.” The in-charges of the orphanages, destitute homes, children’s homes, etc. can issue a certificate addressed to the Tahsildar concerned stating the applicant as an orphan or destitute child, as the case may be, at the custody of the orphanage, etc. from this date to this date and the details nature of education provided to the children, etc. The orphanage needs to give the details of the orphan children available with them as per the orphanage

2

https://maahyderabad.in/ts-extends-reservations-to-orphans-under-bc-a-category/

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References

2min
pages 104-107

Findings in the entire process of action research: from applying till receiving the legal identity documents for sample YAs

5min
pages 98-100

Domicile Certificate

6min
pages 93-96

Caste/Community Certificate

6min
pages 90-92

What were the bottlenecks in the process?

6min
pages 82-84

Bangalore

2min
pages 76-77

Patna

2min
page 75

Delhi

4min
pages 73-74

Hyderabad

4min
pages 71-72

Chapter 5: Successes and Challenges: Rainbow’s experience

5min
pages 67-68

Section IV : Orphan Certificates: Special Measures by few states

3min
pages 65-66

III.D Time frame for disposal

2min
page 63

III.E Procedure for Error corrections or cancellation of issued certificates

2min
page 64

III.C Scrutiny and verification processes

2min
page 62

Consequences of Lack of Identification: Link between legal identity, birth registration and the risk of statelessness

4min
pages 29-30

Section II: Documents for application

2min
pages 43-44

Methodology

8min
pages 9-12

Some Ligislations on issuance of Legal Identity documents

15min
pages 22-27

III.B Applicable Fees to Obtain Certificates

4min
pages 60-61

Challenges and Limitations

1min
page 13

Legislations and Government Orders

4min
pages 20-21

United Nations Legal Identity Agenda

4min
pages 15-16
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