People raised in state orphanages and charities struggle with SIR’s parental mapping rules

Md. Palash Shekh is in trouble. He was rescued from a railway station and grew up in the government-run Subhayan Home for Boys in Dakshin Dinajpur district of West Bengal. When he turned 18, he had to leave the shelter. He has a voter ID and an Aadhaar card proving his own identity but cannot produce any proof of his parents as required for the Special Intensive Revision (SIR) of the electoral rolls currently underway in West Bengal and eleven other states and Union Territories.

Unable to ‘map’ either of his parents to the 2002 electoral roll, when the last SIR was conducted, Mr Shekh falls into the ‘unmapped’ category and has now been given a hearing by poll officials.

Since no line of descent can be claimed in the SIR, it is up to the state to provide him with the necessary documentation, he says, otherwise he could be disenfranchised.

Parent Assignment Rules

Under SIR rules, those born between 1987 and 2004 must present both their own documents and those of one of their parents, while those born after 2004 must show both their own documents and those of both their parents if they are uncharted. Even if one wants to register as a new voter by filling Form 6, a separate declaration must be signed regarding the allocation of parents to the 2002 list.

Many people like Mr Shekh, who grew up in state orphanages and charities, now face the same conundrum, as they have no way to identify their parents as required by the rules. Most wards of the state had to leave their shelters once they turned 18, and do not have or have contact with parents or relatives.

Little support after 18 years

According to a 2016 study by the Ministry of Women and Child Development, there are approximately 9,500 childcare facilities (including government-run and NGO-supported homes) in India, housing nearly 3.7 million children at any given time. Every year thousands of ‘care leavers’ turn 18 and leave these homes.

Election Commission of India officials have earlier said that in case of an orphan brought up in institutions, the name of the orphanage will be entered in the column for parents. However, there are no specific guidelines on this, so what unfolds on the ground is very different.

According to Article 53 of the Juvenile Justice Act, CCIs are obliged to assist children in registering their birth and, if necessary, obtaining proof of identity. However, in many cases, such children are left to fend for themselves when they turn 18.

Uncharted trap

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

Though Mr Jatiya has an Aadhaar card and his Class 10 and 12 certificates, he has not been able to submit Form 6 to register as a voter under the SIR as he has to fill a separate form declaring his parents’ names in the 2002-2003 list when the last SIR was conducted.

The ECI’s normal rule for orphans seeking to register as new voters reads: “If an orphan is brought up in an orphanage from childhood and is unable to mention the name of either of his parents, his name will be included in the electoral roll and under the column meant for the name of father/mother/husband, the name of the orphanage will be mentioned.”

However, under the SIR, even when new voters are registered using Form 6, a separate declaration must be signed regarding the mapping of parents on the 2002 list.

“There are many who are falling into this ‘uncharted trap’ with these rules. These people were born in this country and the government should consider them as their citizens,” said Vijay Goyal of the RIHR.