'Highly Vulnerable Youth, Fall Into Poverty Cycle': Rajasthan High Court In PIL Over Difficulties Faced By CCLs After Leaving Shelter Homes

Taking note of letter received from the children residing at Balika Grah, Alwar, regarding severe challenges being faced by them owing to non-receipt of grant in aid due to inaction by the State, Rajasthan High Court registered a suo-moto PIL opining that transitioning from institutional care to independent living was a vulnerable phase for every kid who had spent his/her childhood in shelter homes.

The bench of Justice Anoop Kumar Dhand ruled that there was a need for greater investment, awareness and accountability to ensure that every child in a shelter home who transitioned to adulthood and was moving out of the institutional care (“Care Leavers”) received robust, comprehensive and sustained support in the form of education, housing, employment and emotional well-being.

As per Section 41(1) of the Juvenile Justice Act, 2015 (“the Act”) child care institutions registered in India receive grant-in-aid for each child residing in the centers. However, as highlighted by the Court, due to lack of coordination between the Central and State officials, the grant-in-aid was not released to these centers.

“This Court feels pain to observe that thousands of youth, individuals who, after growing up in CCIs, are thrust into the outside world upon turning 18. These youth, who "age out" of care homes, orphanages, juvenile centers and CCIs, often step into adulthood without a stable identity, permanent address, shelter or a support system to rely upon…As highly vulnerable unsupported youths, they are often exploited and quickly fall into the traps of homelessness, low-wage labor, crime or trafficking, and perpetuating cycles of poverty and marginalization.”

The Court further stated that as per the Criminal Justice records, although care leavers made just 1% of the Indian population, they were 25% more likely to get involved in crime than general population.

The Court referred to many laws and policies that were in place to help the care-leavers, however, it was held that poor implementation of laws and schemes made care-leavers face great challenges both within these institutions and in the outside world.

By registering the matter as a PIL, the Court ordered the District Collector, Alwar and Secretary, District Legal Service Authority, to inspect the Balika Grah and record statements of residents and staff, to enquire into the challenges faces by them and reasons for stoppage of grant-in-aid. They were further directed to ensure that no one was subjected to any abuse.

Furthermore, the Court laid down the following list of steps to be taken by the Centre as well as the State Government by enacting a law, framing policies etc. at their own level, for well-being of the Care Leavers:

I. Financial Empowerment

Life Skills training, financial literacy and independent living preparations shall start at the age of 15-16 within the child care institutions (CCIs), and every care leaver shall have a personalized aftercare plan, including counseling and career guidance. Government could support them through:

- Monthly stipends

- Financial literacy programs

- Promoting public-private partnerships and NGO collaborations for vocational training and employment.

- Access to emergency funds or advance payments

II. Universal access to Legal Identity

No care leaver shall be allowed to leave CCI without being provided essential documents like Aadhar, and PAN Cards.

III. Life Skills Training

Life outside institutional care demanded practical skills that many care leavers might not have had the opportunity to develop. To bridge the gap, care leavers must be provided with:

- Structured life skills programs covering topics like budgeting, cooking. Cleaning, time management and digital literacy.

- Access to mentorship from trained professionals.

- Integration with skill-building platforms and vocational training centres.

IV. Housing

Without family and familial homes to fall back on, many care leavers risked homelessness or found themselves in unstable or unsafe living arrangements. Government was required to prioritize:

- Transitional or semi-independent living arrangements

- Access to affordable rental housing or state-subsidized accommodation schemes.

- Guidance and assistance in finding and maintaining long-term housing.

- Strengthen inter-departmental coordination and appoint dedicated nodal officers

V. Mental Health

Psychological impact of institutional care, family separation, and early trauma often left deep and long-lasting emotional scars on an individual. Caring for mental health of care leavers was not optional but fundamental to their success and dignity which could be done by:

- Easy and confidential access to therapy and counseling.

- Trauma-informed care approaches in institutions and community services

- Peer support networks and helplines for emotional support.

- Trained mental health professional working within the aftercare systems.

VI. Tax Exemptions

- Introducing a specific income tax exemption for care-leavers upto a certain age or a fixed duration, irrespective of income source.

- Providing enhanced deductions for care leavers on important life expenses like education and vocational training, rent and housing, health insurance and medical costs, and skill development and entrepreneurship initiatives.

- Exempting care leavers from TDS on specific income streams such as scholarships, stipends, and initial job salaries upto a pre-defined limit.

- Simplified tax compliance and support by facilitating access to free or subsidized tax filing assistance and financial literacy education.

- Offering full or partial GST exemptions on essential goods and services frequently used by care-leavers such as educational supplies, skill development, etc.

- Providing tax benefits like deductions or credits, to employers who hired care-leavers.

- Aligning tax-related benefits for care-leavers with existing government welfare programs.

VII. Technology and Data

Developing centralized digital platforms to connect care leavers with jobs, mentors, training and government schemes. States to maintain robust data system to track and support all the care-leavers.

VIII. Policy reform and advocacy

Strengthening the Act for ensuring long-term, structured support and recognizing care-leavers as a vulnerable group needed targeted interventions like:

- Mandating the Act to require the authorities to maintain real-time consent based, regularly updated, databases of care-leavers in every district and state.

- Linking care-leavers databases with national child protection platforms, social welfare schemes and digital identity systems.

- Developing SOPs for data collection, updating privacy and usage ensuring uniformity and accountability across the states.

- Enabling care-leavers to update their own information, access entitlements and connecting with government-run support services through digital platforms or mobile apps.

- Using the databases for tracking aftercare outcomes, identifying service gaps and informing evidence-based policy decisions.

The Court directed a report to be summoned from the Centre as well as the State on the effective steps undertaken by them for the welfare of care-leavers.

Title: In Re: Grievance of Girls staying at Balika Grah and Care Leavers fighting for their Identity and Rights after leaving Shelter Homes