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RIGHT TO IDENTITY AND LEGAL RECOGNITION OF MIGRANT CHILDREN UNDER INDIAN CONSTITUTIONAL AND HUMAN RIGHTS LAW

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Name: SWAPNA BIJAYINI
Country: India
Publication Details
Year: 2026
Volume: Volume No: 13, Issue No: 1 (January-June)
Page Number: 155-168
DOI: https://doi.org/10.5281/zenodo.20522186
Abstract
ABSTRACT
Migration is a significant socio-economic reality in India, with millions of families relocating in search of employment and improved living conditions. Among those most affected are migrant children, who often face difficulties in obtaining birth certificates, identity documents, and educational records due to mobility, poverty, and administrative barriers. The absence of legal identity restricts their access to education, healthcare, welfare schemes, and legal protection, increasing their vulnerability to exploitation, child labour, and social exclusion. The Constitution of India guarantees rights relating to equality, dignity, life, and education, while international instruments such as the United Nations Convention on the Rights of the Child recognize every child’s right to a name, nationality, and legal identity. This paper examines the constitutional and human rights dimensions of identity rights of migrant children in India, analyzes key legal and practical challenges, and proposes reforms to ensure universal registration, legal recognition, and inclusive access to essential services and child rights protections.

Keywords: Migrant Children, Right to Identity, Birth Registration, Constitutional Rights, Human Rights, Legal Recognition, Child Protection, Education Rights.
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