Children Left Behind: Analysing India’s Legal Framework for Orphaned Child Protection in Light of International Commitments

This study comprehensively evaluates India’s legal and policy framework for protecting and promoting the welfare of children, with a specific focus on orphaned and vulnerable children. It examines key national legislation, including the Constitution of India, the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, alongside other child welfare statutes. The analysis extends to India’s obligations under international frameworks, notably the United Nations Convention on the Rights of the Child (UNCRC) and assesses their integration into domestic law. The judiciary’s pivotal role, through landmark judgments and Public Interest Litigations (PILs), is explored to highlight its contributions to advancing child rights, particularly for orphans. The paper identifies significant gaps in the implementation of laws, especially concerning access to education, healthcare and protection from exploitation and trafficking for orphaned children. It also evaluates India’s alignment with global benchmarks, pointing out deficiencies in national policies. The study concludes by proposing actionable reforms, including stronger enforcement mechanisms, enhanced rehabilitation programs and increased collaboration with international organizations to ensure comprehensive protection for orphaned children in India, aligning with both national aspirations and global commitments.