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Lastly, children constitute a vulnerable group among existing
detainees. India is not only a signatory to international human
right treaties which protect children from incarceration but also
has a statutory framework in place to promote the best interests
of a child. Therefore, India is under an obligation to recognise
their special needs and impose a blanket ban on the detention of
children.
the third chapter focuses on the undeniable effect of
precarious citizenship and statelessness on socio-economic
rights. Given the precarious position of the individuals who have
been left off the NRC and that of stateless persons, both
international and domestic legal frameworks provide stipulations
for how these communities should be protected. India must
ensure that minimum core obligations are met despite the reality
of citizens themselves facing numerous obstacles in accessing
these rights. Indians courts have historically affirmed the same
despite arguments of the state’s financial restraints. Despite
India’s lack of comprehensive refugee and statelessness policy,
its practice with analogous communities like the Tibetans and
UNHCR-registered refugees sheds light on the range of basic
socio-economic rights that the state can and must extend to all
vulnerable communities, irrespective of their citizenship status.
These rights include access to documentation, healthcare, food
and nutrition, shelter, housing and sanitation, education and
employment, and a particular obligation to protect children as
per robust international and Indian law.
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