People raised in State-run orphanages and charity homes struggle with SIR rules on parent mapping

Art. Palash Shekh is in a difficult situation. The boy, who was rescued from a railway station and raised at the government-run Subhayan Home for Boys in West Bengal’s Dakshin Dinajpur district, had to leave the shelter when he turned 18. He has a voter ID card and an Aadhaar card to prove his identity, but he has no way of providing any evidence about his parents, as is required for the Special Intensive Revision (SIR) of voter rolls currently underway in West Bengal and 11 other States and Union Territories.

Mr. Shekh, who “failed to map” either of his parents with the 2002 voter list when the last SIR was conducted, falls under the “unmapped” category and has now received notice of a hearing from the poll authorities.

He says that since there is no lineage claim in the SIR, it is up to the State to provide him with the necessary documents, otherwise he could be deprived of his rights.

Top match rules

According to SIR rules, those born between 1987 and 2004 must submit their own documents and documents belonging to one of their parents. Those born after 2004 must present their own documents and, if they do not have a map, the documents of both parents. Even if someone wants to register as a new voter by filling out Form 6, a separate affidavit must be signed regarding matching of parents to the 2002 list.

Many people like Mr Shekh, who grew up in state-run orphanages and charity homes, now face the same dilemma as they have no way of mapping their parents as required by the rules. Many wards of the state were forced to leave shelters after turning 18 and either do not have parents or relatives or have no contact with them.

Little support after 18

According to a 2016 study by the Ministry of Women and Child Development, there are around 9,500 child care institutions (CCIs) in India (including government-run homes and NGO-supported homes), housing around 3.7 lakh children at any given time. Every year thousands of “Care Leavers” turn 18 and move out of these homes.

Election Commission of India officials had earlier said that if an orphan is brought up in institutions, the name of the orphanage will be written in the parents column. However, there is no specific guidance on this, so the events unfolding in the field are very different.

According to section 53 of the Juvenile Justice Act, CCIs are required to assist children with birth registration and prove their identity where necessary. But in most cases, such children are left to fend for themselves when they turn 18.

unpaired trap

Take the case of Bharat Jatiya, who was caught by the police in Ajmer as a young child. Abandoned by his family, he grew up in various shelters and completed Class 12 from the Resource Institute of Human Rights (RIHR), Jaipur.

Despite having Aadhaar card and Class 10 and 12 certificates, Mr. Jatiya could not submit Form 6 to register as a voter under SIR as he had to fill a separate form with a separate declaration regarding the names of his parents in the 2002-03 list when the last SIR was conducted.

ECI’s normal rule for orphans wishing to register as new voters says: “If an orphan has been brought up in an orphanage from infancy and is not in a position to give the name of either of his parents, his name will be entered in the electoral roll and the name of the orphanage will be mentioned under the father/mother/husband’s name column.”

However, under the SIR, even if new voters are registered using Form 6, a separate declaration matching the parents to the 2002 list must be signed.

“There are many people who find themselves in this ‘uncharted trap’ because of these rules. These people are born in this country and the government needs to treat them as citizens,” says RIHR’s Vijay Goyal.