ACCESSING LEGAL IDENTITY DOCUMENTS: PROCESSES, CHALLENGES AND BEST PRACTICES

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RATIONALE FOR THE STUDY Street children make up a large percentage of the invisible urban poor population and are adversely affected by how their identity is shaped in urban area.7 These children’s families lack legal identity documents and face a range of problems, as follows: these people cannot register their residency, have utilities installed, or obtain access to credit or get benefits of government’s provisions they are entitled to. Study shows that without legal documentations, the urban poor are constrained in their ability to engage with public officials about service delivery to their homes. This situation is exacerbated in times of disaster, when relief assistance (cash or in-kind) is distributed to the people holding registration records, bank accounts etc. Lack of proof of identity has a negative impact on the protection of rights for children in street situations in relation to education, health and other social services, justice, inheritance and family reunification. Important among all are the birth certificate that plays a crucial role especially during admission in schools or college, hospital benefits etc. as well as an important document to be used to obtain Domicile/Nativity certificates. Similarly, Caste Certificates for SCs, STs and OBCs are equally important because based on valid Caste Certificates, the reserved categories of children would be able to i) waive off a part or the whole of the fees for admission to colleges and vocational training institutions, ii) get seat reservations in educational institutes, iii) get age relaxation for applying to certain jobs or secure jobs in Govt establishments, banks, PSUs etc and iv) get other facilities by the Govt to the members of SC, ST and OBC. Orphan children who can not avail caste certificates are eligible to obtain Orphan certificates to get benefits on the aspects mentioned above. Notably, Rainbow Homes Program aims to rehabilitate, educate and prepare children in street situations for their re-integration into the society upon reaching age of maturity, focusing on the development of their potential and capabilities, so that they can live independent or semiindependent livings as young adults. In order to ensure Young Adults’ (YA) smooth transitioning from Rainbow’s care to adulthood, the organization adopted a coordinated set of transition activities including facilitation of post-secondary education, vocational training, job-related skill trainings with various institutions etc. Among these interventions, the provisions of legal identity documents for YAs stands important to gain access to basic services and protection in the justice system outside Rainbow’s care. More than 90 percent of the children living under the care of Rainbow Homes Program and their families belonging to these marginalized and reserved categories lacking any of such documentary proof to state their date of birth, nativity, caste/ community, religion, economic status, orphan status, disability etc are unable to access to any such services and benefits. Without these identities and entitlement documents, their presence in unaccounted and invisible to the society and system and they remain out of the safety net and protective measures.

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Social Inclusion and the Urban Poor; Judy L. Baker, Gauri U. Gadgil; July 2017

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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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