Beyond Legislation: The Role of Community Institutions In Safeguarding Undocumented And Marginalized Children In India

Authors

  • Dr. Gobinda Naskar Department of Political Science, Sidho-Kanho-Birsha University, Purulia, West Bengal – 723104 Author
  • Ujjal Mandal Department of Political Science, Sidho-Kanho-Birsha University, Purulia, West Bengal – 723104 Author

Keywords:

Marginalized Children, Community, Social Justice, Legal Frameworks

Abstract

The protection of undocumented and marginalized children in India depends on how community institutions interact with legal systems. The Right to Education Act serves as a legal basis for child rights protection but bureaucratic challenges prevent its effective execution for children without official documentation. The vulnerable populations receive immediate support through community institutions which include NGOs and grassroots organizations that operate as essential partners in this environment. The support systems developed by grassroots organizations based on local understanding and cultural awareness provide better access to vulnerable populations than the inflexible legal system. The community organizations deliver direct assistance through their programs which include education services and healthcare support and psychosocial care for undocumented children. The initiatives fill the void in legal protection by enabling communities to fight for child rights while giving marginalized families the power to defend their children’s rights. The community-based initiatives work to advance social justice by teaching people about these children’s situation while encouraging them to join advocacy work. Grassroots organizations use their workshops and awareness campaigns and legal assistance to show the world the struggles of undocumented children while working to change policies and make the state responsible. The combination of community institutions with legal frameworks creates a protective system for vulnerable children while working to eliminate a social inequality which leads to greater social inclusion.

Downloads

Download data is not yet available.

References

Rimple Mehta, “Justice for those without rights: illegal migrants and marginalized citizens in India” in Leanne Weber and Claudia Tazreite (eds.) Handbook of Migration and Global Justice 173-186 (Edward Elgar Publishing, 2021).

Ibid.

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a law in India that consolidates and amends the law relating to children in conflict with the law and those in need of care and protection.

The Right to Education Act 2009 (RTE) is a landmark Indian law that makes elementary education a fundamental right for all children between the ages of 6 and 14. It came into effect on April 1, 2010, and provides for free and compulsory elementary education.

Amrita Paul, “Beyond Access: Legal Aid for Child Refugees in India” in Asha Bajpai, David W. Tushaus, et.al. (eds.) Human Rights and Legal Services for Children and Youth: Global Perspectives 211-239 (Springer Nature Singapore, 2023).

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children.

Downloads

Published

2026-01-23

Issue

Section

Research Article