Legal, Psychological Recourse for Exploited Street Indigenous Youth in India by Tanusha Nagrath, Jaipur.

India, with its cultural diversity, struggles with the challenge of protecting some of its most vulnerable populations, particularly the indigenous youth who find themselves on urban streets. Displaced by economic pressures, deforestation, or land acquisition, these young individuals face exploitation and psychological trauma. This blog explores how legal protections intersect with the need for psychological counselling to help rehabilitate these children, using two case studies for illustration.

The Psychological Impact of Exploitation on Indigenous Youth

Street children, especially from indigenous backgrounds, experience deep psychological trauma due to displacement and urbanization. Their cultural practices, integral to their identity, often become alien in urban settings. Moreover, they face physical abuse, trafficking, child labor, and sexual exploitation, resulting in anxiety, depression, PTSD, and attachment disorders. The psychological model of Maslow’s Hierarchy of Needs highlights that these children are often stuck in survival mode, with basic needs like food, shelter, and safety unmet. Without stability, they cannot move towards healing or personal growth.

Additionally, the disruption of familial and community ties, as described in John Bowlby’s Attachment Theory, intensifies feelings of abandonment and mistrust. This hinders their ability to seek help, trapping them in a cycle of emotional isolation and vulnerability.

Legal Framework for Protecting Indigenous Street Youth

India’s Constitution and various laws attempt to protect these children, but they often fall short of addressing their psychological needs.

1. The Juvenile Justice (Care and Protection of Children) Act, 2015 focuses on children in need of care, including street youth, but it does not sufficiently integrate mental health professionals into child protection systems.

2. The Protection of Children from Sexual Offences (POCSO) Act, 2012 provides legal recourse for sexual abuse victims, but culturally sensitive trauma counselling is essential to the healing process.

3. The Right to Education (RTE) Act, 2009 ensures education for all children, but indigenous street youth require additional emotional and cultural support to adjust to an unfamiliar educational system.

4. The Forest Rights Act (FRA), 2006 aims to protect land rights but its failure to do so contributes to the migration and subsequent psychological impact on indigenous children, underscoring the need for culturally aware counselling services.

Case Study 1: Displacement and Loss of Identity

An NGO working in Mumbai encountered a group of Gond tribal children from central India, displaced due to the construction of a dam in their village. These children, accustomed to living in harmony with nature, were thrust into a concrete jungle. Struggling to adapt, they became street vendors, often facing harassment from both authorities and locals.

Legal aid helped in securing temporary shelter for the children under the Juvenile Justice Act. However, their trauma was deeply rooted in the loss of their cultural identity. Counselling services were provided by the NGO in collaboration with a psychologist trained in trauma-informed care. Group sessions involved art therapy and storytelling that allowed the children to reconnect with their heritage. Gradually, they began to heal and adapt to their new surroundings, integrating into mainstream schools under the RTE Act, while maintaining their cultural identity through community support.

Case Study 2: Exploitation and Trauma Recovery

A second case involved children from the Santal tribe who migrated to Delhi after their forest land was taken over by industrial projects. These children were found begging on the streets and later identified as victims of sexual exploitation. Through the POCSO Act, legal recourse was sought, and their abusers were brought to justice. However, the children’s psychological wounds ran deep, with signs of PTSD and attachment disorders prevalent.

An NGO specializing in child trauma worked closely with them, using a culturally sensitive counselling approach that integrated traditional Santal music and dance into therapy sessions. This helped the children process their grief and trauma. Over time, they were also enrolled in an educational program where school counsellors provided ongoing support, addressing both their academic and emotional needs.

The Role of Counselling and Mental Health Support

While legal protections exist, they must be complemented by mental health services that consider the unique needs of indigenous street youth. Trauma-informed care, recognizing the cultural context of the children’s trauma, is critical. Psychologists working with these children should be trained in indigenous cultural practices and provide safe spaces where they can reconnect with their roots.

School-based counselling programs and community outreach by NGOs play a pivotal role in addressing the long-term mental health needs of these children. By combining legal recourse with mental health support, the Indian child protection system can offer a more holistic path to recovery.

Conclusion: A Holistic Approach to Rehabilitation

Indigenous street youth in India face both legal and psychological challenges that require a coordinated response. The current legal framework, while robust, must be expanded to include culturally sensitive psychological support to ensure their rehabilitation. A holistic approach, involving trauma-informed counselling, cultural reintegration, and legal protection, is essential to empower these children to rebuild their lives and regain their sense of self-worth.

By prioritizing both their legal rights and psychological healing, India can offer its most vulnerable youth a future of dignity, safety, and opportunity.

 

About the Author 

Ms Tanusha is originally from Jaipur, Rajasthan, and has been residing in Mumbai, Maharashtra, since 2022. As a legal professional, she has accumulated six to seven years of experience, including two years of legal practice, primarily serving as an in-house counsel in the BFSI industry.

Beyond her professional career, she nurtures a strong passion for creative pursuits. Her interests include writing, public speaking, reading poetry and verse, theatre, dance, dramatics, and various forms of digital and mass media communications.

With a literary inclination and a natural flair for effective communication and creative writing, Tanusha remains eager to explore new opportunities and continue her journey with the same enthusiasm and dedication.

Inspiration Behind

In writing the article, I’ve been deeply inspired by the intersection of legal rights and psychological well-being, particularly for marginalized communities. My focus on indigenous street youth stems from an acute awareness of how systemic issues—such as displacement due to deforestation, economic pressures, and land acquisition—disproportionately impact vulnerable populations. My background in law and psychology, coupled with a commitment to social justice, has driven me to highlight the glaring gaps in legal frameworks that often fail to address the psychological trauma these children endure.

Through the use of case studies, I’ve aimed to bring attention to the need for culturally sensitive psychological support alongside legal recourse. By incorporating theories like Maslow’s Hierarchy of Needs and John Bowlby’s Attachment Theory, I seek to underline the deep emotional scars left by displacement and exploitation, and the urgent need for an integrated approach to healing. My blog advocates for a more holistic method—one that combines mental health care with legal protections, to truly rehabilitate and offer hope to these vulnerable children. Ultimately, it reflects my desire to bridge the gap between law and empathy, fostering a more inclusive, humane system that addresses both their rights and their emotional well-being.