ACCESSING LEGAL IDENTITY DOCUMENTS: PROCESSES, CHALLENGES AND BEST PRACTICES

Page 90

get Court Order for each child with Medical certificates from different doctors who will write that the children were born under their supervision in their individual capacity in different times and places. If children’s parent’s names are not known, the names can be created to put in the medical certificate. If the births are in rural area, Gram Panchayat’s letter to produce to first class magistrate to get court order would suffice. Documents required: i) Doctor certificate, ii) CWC certificate, iii) first class magistrate’s affidavit and original Court Order, iv) case history of children, v) School bonafide/ school leaving certificate. It will be mentioned in the affidavit that the child who was born somewhere else is now under CCIs with declaration from CWC. Both doctor certificates mentioning dates and times of birth, parent’s names and CWC certification linking the child with same parent’s name mentioned in medical certificates can be produced to first class magistrate to get the affidavit and Court Order. KMC will not do any verifications, if the said documents are furnished by the applicants with no other documental proof. 3. There are instances where Parents informed First Class Magistrate that the children were born under supervision of Aaya (non-institutional) and hence there is no proof of birth. In such cases also the First-Class Magistrate can give the court order and the rest of the procedure would follow.

Caste/Community Certificate What is the procedure for disposal in case of street children, especially for Orphan Children with no documentary evidence? For children who have parents but stay in CCIs in Kolkata because of parents being incapable of taking care of children: In case of minor who stays in CCIs and parents stay in other places, parental certificate or documents of any paternal blood relative (who have already obtained caste certificates from competent authority) along with proof of relation with the paternal relative would be valid documents to apply for children’s caste certificate. As local residence proof, organization’s letter or a letter from counsellor in CCI’s locality would be helpful to apply for children’s certificate. Most of the children under care of CCIs, especially orphan children do not have any blood relative to provide documents and those who have parents are not able to provide documentary evidence in support of their claims. The alternative method, according to the guidelines by Backward Classes Welfare Department, Government of West Bengal, for issuance of caste/SC/ST certificates, if the applicants are first generation applicants and are unable to produce documents of paternal blood relation as a proof of caste identity, they can provide a copy of certificates issued by Gram Panchayat representatives /Municipal

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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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