Constitutional and Legal Framework
Street children’s legal invisibility violates Article 21 (Right to Life and Personal Liberty), Article 14 (Equality before Law), and Article 15(3) (Special provisions for children) of the Indian Constitution. The Directive Principles under Article 39(e) and (f) mandate protection of children from exploitation and ensuring healthy development.
International Legal Obligations
India’s ratification of the UN Convention on the Rights of the Child (1992) creates binding obligations under Article 7 (birth registration and nationality) and Article 8 (preservation of identity). The Universal Declaration of Human Rights, Article 6 recognizes the right to legal personality.
Birth Registration Legal Framework
The Registration of Births and Deaths Act, 1969 mandates universal birth registration, supplemented by the Registration of Births and Deaths Rules, 1999. Section 17 provides for late registration procedures. The Supreme Court in PUCL v. Union of India (2010) directed states to ensure 100% birth registration.
Legal Gap: Despite Rule 8 allowing registration without hospital delivery proof, ground-level implementation fails for street births.
Identity Documentation Laws
Aadhaar Legal Framework
The Aadhaar Act, 2016 under Section 3 allows enrollment for children. Section 4 mandates biometric updating at age 5 and 15. However, Regulation 12 of the Aadhaar Enrolment Regulations, 2016 creates barriers by requiring parental documents.
Supreme Court ruling in Justice K.S. Puttaswamy v. Union of India (2017) established Aadhaar as non-mandatory but practically essential for welfare access.
Education Rights and Legal Provisions
The Right to Education Act, 2009 under Section 3 guarantees free education. Section 14 prohibits denial of admission for want of documents. Rule 4 of the RTE Rules, 2010 specifically addresses children without birth certificates.
Legal Precedent: In Avinash Mehrotra v. Union of India (2009), the Supreme Court mandated age determination through multiple methods when documents are unavailable.
Healthcare Legal Entitlements
The National Health Mission framework and Clinical Establishments Act, 2010 under Section 23 prohibit denial of emergency treatment. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mandate treatment regardless of patient’s ability to pay or provide identification.
Child Protection Legal Architecture
Juvenile Justice Framework
Juvenile Justice (Care and Protection of Children) Act, 2015:
- Section 2(14) defines “child in need of care and protection”
- Section 31 outlines rescue procedures
- Section 75 mandates Child Welfare Committees in every district
Anti-Trafficking Laws
- Section 370 and 370A of the Indian Penal Code (trafficking offenses)
- Immoral Traffic (Prevention) Act, 1956 under Section 5 and 6
- Protection of Children from Sexual Offences Act, 2012 provides comprehensive protection framework
Labor Protection
Child Labour (Prohibition and Regulation) Act, 1986 as amended in 2016 prohibits employment of children below 14 years in all occupations.
Institutional Legal Mechanisms
National Bodies
- National Commission for Protection of Child Rights Act, 2005 establishes NCPCR with monitoring powers
- Commissions for Protection of Child Rights Act, 2005 mandates State Child Rights Commissions
Welfare Schemes Legal Basis
- Integrated Child Development Services Scheme under National Food Security Act, 2013
- Mid Day Meal Scheme under National Food Security Act, Section 5
Judicial Interventions and Legal Precedents
Key Cases:
- Bachpan Bachao Andolan v. Union of India (2011): Directed comprehensive mapping and rehabilitation
- MC Mehta v. State of Tamil Nadu (1996): Established child labor prohibition principles
- Sampurna Behrua v. Union of India (2018): Mandated street children surveys
Legal Gaps and Reform Requirements
Proposed Legal Amendments
- Birth Registration Act Amendment: Include presumptive registration provisions
- Aadhaar Regulations Reform: Remove parental document requirements for vulnerable children
- JJ Act Enhancement: Mandate identity documentation as rehabilitation component
Institutional Reforms
- Child Identity Officers under JJ Act framework
- Mobile Registration Units through amendment to Registration Rules
- Unified Child Database under Information Technology Act, 2000 framework
Constitutional Remedy and Enforcement
Article 32 provides constitutional remedy for enforcement of fundamental rights. Section 125 of the Code of Criminal Procedure, 1973 can be invoked for maintenance rights. Legal Services Authorities Act, 1987 ensures free legal aid for street children.
Conclusion
The legal framework exists comprehensively but suffers from implementation deficit. Article 21 read with international obligations demands immediate systemic reform to ensure every street child’s legal recognition as a constitutional imperative, not administrative discretion.
Contributed By: Saksham Tongar (intern)