Care Leavers and Care Leavers with Disabilities: Challenges, Laws, and Voting Rights

 Care leavers are young individuals who spend their childhood in orphanages or Child Care Institutions (CCIs) and leave these institutions when they turn 18. Once they reach the age of 18, the safety and protection of the home environment is withdrawn, and they are suddenly pushed into an unfamiliar world where they often have limited or, at times, no support at all. These institutions served as homes during their childhood, and for the children growing up there, the superintendent or the head of the shelter home functioned as a parental figure. Care leavers comprise those young people who have been under the care of central or state governments, including orphans, abandoned children, or those placed in institutional care due to family incapacity.

Divyang (persons with disabilities) care leavers are those who, apart from being care leavers, also have physical, mental, or intellectual disabilities. They face not only the challenges common to all care leavers but also require extended and specialised support due to their disabilities. For instance, under Indian law, care leavers with physical or intellectual disabilities may require support for a longer duration.

It is estimated that nearly 50,000 young people leave Child Care Institutions in India every year upon turning 18. After this, they receive little to no stable social support. As a result, they face multiple difficulties, ranging from financial hardship to social isolation.

𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐂𝐡𝐚𝐥𝐥𝐚𝐧𝐠𝐞𝐬 :

Economic difficulties are often substantial for care leavers. Most care leavers lack financial support because they do not have families to rely on. Research shows that unemployment and economic instability are extremely high among these young people. For example, one survey found that youths leaving care homes are often unable to secure stable employment. On average, they face serious financial hardships such as insufficient income.

Since most care homes, due to limited resources, can provide only basic facilities, young people often leave without adequate skill training or career guidance. As a result, they are compelled to work in unorganized or semi-skilled sectors, which do not provide enough income to sustain a livelihood.

Government initiatives, such as Mission Vatsalya, offer assistance of ₹4,000 per month for care leavers, but awareness about this support is very low. In reality, due to this financial insecurity, care leavers frequently face situations such as poverty, debt traps, and even begging for survival.

𝐒𝐨𝐜𝐢𝐚𝐥 𝐂𝐡𝐚𝐥𝐥𝐚𝐧𝐠𝐞𝐬 :

At the social level as well, care leavers often feel lonely and helpless. They frequently carry the pain and trauma of abandonment. Several studies indicate that due to societal discrimination and prejudice, care leavers often feel “insensitive and left out.” An editorial published in the Indian Telegraph highlights that the state and society often remain blind to their suffering, and as a result, the lack of opportunities for social integration puts care leavers at risk of returning to troubled and vulnerable lives.

These young people also lack a family or mentor who can provide emotional support. For many care leavers, the absence of a trusted guide or advisor is one of the biggest gaps in their lives. Due to the absence of parents, their relationships with relatives also tend to weaken or break over time. This loneliness often leads to social isolation and mistrust. Furthermore, the lack of caregivers and support networks can give rise to mental health challenges, since many of their childhood memories are marked by pain and distress.

𝐄𝐝𝐮𝐜𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐡𝐚𝐥𝐥𝐚𝐧𝐠𝐞𝐬 :

Care leavers also lag behind academically. Education in child care institutions is often unstructured. Frequent transfers, limited teaching resources, and emotional stress disrupt their studies. As a result, despite spending several years in institutional care, some students are unable to complete even their schooling by the time they turn 18. Many care leavers are unable to appear for their Class 10 or Class 12 examinations. Due to incomplete education, opportunities for higher education or vocational training collapse entirely.

In response to this issue, the Juvenile Justice Act, 2015 mandates that child care institutions must provide children with proper education and life skills. However, due to resource constraints at the ground level, most institutions are able to offer only basic facilities. Consequently, these young adults lag behind in both self-confidence and professional skills.

𝐇𝐨𝐮𝐬𝐢𝐧𝐠 𝐂𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐞𝐬 :

Ensuring safe housing for care leavers is extremely challenging. Leaving the shelter home at the age of 18 intensifies this crisis even more. Research shows that after turning 18 and exiting the care system, the first priority for all care leavers is to find affordable and adequate housing. A secure address and protection from eviction become particularly important because most care leavers do not have any trusted person or a strong social network who can provide temporary accommodation. Moreover, while renting a room outside, they often face several difficulties due to the lack of proper documents. In many cases, it has also been observed that due to a lack of awareness after leaving CCIs, care leavers are sometimes viewed with suspicion, almost as if they were criminals.

In most states, the provision of extended housing support for care leavers is very limited. It has been found that only a few care leavers receive any form of housing assistance. The rest must depend on friends, relatives, or rented accommodation, which further adds to their stress. Many young people living in aftercare homes also feel insecure because the existing housing arrangements are temporary and lack any structured plan to prepare them for independent living.

𝐋𝐞𝐠𝐚𝐥 𝐏𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚 :

There are several important laws in India that aim to safeguard the rights and provide support to care leavers, but their implementation often remains incomplete.

Juvenile Justice (Care and Protection of Children) Act, 2015:

This is the primary legal framework that provides provisions for children residing in CCIs and for care leavers. Section 46 of the Act clearly states that children who leave CCIs after attaining the age of 18 may receive financial assistance for reintegration into the mainstream. Under the Model Rules, 2016, state governments are directed to develop aftercare programmes through the District Magistrate and the District Child Protection Unit. These programmes should include services such as education, skill development, employment, safe housing, and financial support. According to the Act, if needed, this assistance may be extended not just up to 21 years but up to 23 years. There is also a provision for extending this age limit for care leavers with disabilities.

Mission Vatsalya:

This is an initiative of the Ministry of Women and Child Development, under which financial assistance is provided to care leavers. For example, in Chhattisgarh, a care leaver receives ₹4,000 per month under Mission Vatsalya along with an additional ₹3,000 under the Mukhyamantri Bal Uday Yojana. However, in many places, this assistance has yet to reach beneficiaries, and young people often remain unaware of these schemes.

Constitution and Other Laws:

The Constitution of India (Articles 21, 41, 46, etc.) guarantees the right to equality and social security to all citizens. These provisions also impose a duty on the State to support vulnerable sections of society. Additionally, the Rights of Persons with Disabilities Act, 2016 provides for reservations in education and employment for persons with disabilities, which helps ensure social inclusion for care leavers with disabilities. However, accessing these benefits requires identity documents, which often becomes a major challenge for care leavers.

𝐃𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐚𝐫𝐲 𝐁𝐚𝐫𝐫𝐢𝐞𝐫𝐬 𝐚𝐧𝐝 𝐕𝐨𝐭𝐢𝐧𝐠 𝐑𝐢𝐠𝐡𝐭𝐬 :

For care leavers, obtaining identity documents remains a major challenge. Birth certificates, Aadhaar cards, PAN cards, etc., generally require parental details or family records. Since these young people often have no functional family ties, they usually do not possess such documents. Highlighting this issue, a report states: “Obtaining identity documents such as Aadhaar, PAN, and birth certificates continues to be a major challenge for many care leavers… These documents are essential for accessing government schemes, availing reservations, and exercising their constitutional right to vote.”

As a result, many care leavers get stuck while applying for voter IDs or getting their names included in the electoral roll. For example, in Bihar, when the Election Commission initiated the Special Intensive Revision (SIR) of the voter list, strict proof of parents’ identity and address was mandated for registering new voters. Abandoned or orphaned children do not have these proofs, leading to the rejection of their applications.

The Election Commission and concerned authorities must take cognizance of the difficulties faced by such care leavers. They should ensure that certificates issued by Child Care Institutions (CCIs) or District/State Child Protection Units are accepted as valid documents for residence and identity. The rationale is that these certificates may be the only documents such youths possess to prove where they live and who they are.

Many care leavers have expressed their pain by stating that the Indian Constitution grants every adult citizen equality and the right to vote. Therefore, it is essential that young people exiting institutional care should not be deprived of their constitutional rights due to legal or documentary hurdles. Because of the SIR measures of the Election Commission, obtaining a voter ID has become difficult for some care leavers, which is a matter of concern from the perspective of democratic rights.

𝐂𝐨𝐧𝐜𝐥𝐮𝐬𝐢𝐨𝐧 :

Care leavers and specially-abled care leavers are extremely sensitive and vulnerable groups who lose a sense of belonging from a very young age. Economic helplessness, lack of education, absence of secure housing, and difficulties in obtaining identity documents make their future even more challenging. The Government of India has introduced laws and programmes such as the Juvenile Justice Act and Mission Vatsalya to support them, but there are significant gaps in their implementation on the ground.

To ensure justice for these young citizens, it is essential to increase awareness and sensitivity. Policymakers and society must become more responsive to their rights and effectively implement specialised after-care schemes. In addition, special provisions are required to simplify the process of obtaining voter identification cards for them, so that no young adult is deprived of their constitutional right to vote due to bureaucratic hurdles. As one report notes, this is a “deep darkness” in which these orphaned and abandoned youth search for “a ray of bright hope.” Our commitment to constitutional values will remain incomplete until these resilient and courageous young individuals receive the full rights and dignity they deserve.