Child Custody: Children of Women Prisoners and their Conditions in Jail

Believe it or not, there are many children leading deplorable lives inside Indian jails. Shocked? Well, these children are not in jail because of any delinquent activities but because their mothers are locked in those jails.

Some other factors are contributing to the rise of children in jails. These are:

• The mothers give birth in jail.
• The children are too small and will have to live with their mothers as they cannot be sent off to any other place.
• In the absence of their mother, they have nobody else to take care of them

Child Custody: Depressing Conditions for Children in Indian Jails

A study conducted by the National Institute of Criminology and Forensic Sciences pointed out several issues pertaining to child custody in Indian jails:

• Most children are deprived of basic rights, such as hygienic food, healthcare and education. They do not even have proper accommodation or recreation.
• Children do not have trained staff in jail to look after them.
• Most mothers (who are prisoners) fear that the physical and mental development of their children will impacted due to their stay in jail.

Child Custody: SC Held that Basic Facilities in Jail Should Include Pre natal and Post natal Care of Mother and Child

On April 13, 2006, the apex court delivered its verdict after thoroughly scrutinizing the issues affecting the children of undertrial prisoners. Due emphasis was given to the various provisions in the Constitution and laws governing the welfare and interests of the children. 

Article 15 of the Indian Constitution has provisions specifically for the welfare of women and children. The court also considered the findings of the National Institute of Criminology and Forensic Sciences and the report released by the Tata Institute of Social Sciences.

The report reveals that:

• The environment in prisons hinders the growth of children.
• Most children born in prisons did not get exposure to a normal family life till the age of five.
• Transferring children from one prison to other unsettles them.

• The apex court also considered specific suggestions regarding the health, clothing, education, upbringing, nutrition, and socialization of these children. The court studied various schemes running under women and child department.

These schemes include:

• Integrated Child Development Project
• Sarva Shiksha Yojana
• Reproductive and Child Health Programme

The court held that it is the duty of authorities to make sure that the jail is equipped with the basic minimum facilities to accommodate a pregnant woman. For instance, there should be facilities for delivery of the baby and for prenatal and post-natal care for mother and baby. The court also ordered that jail manuals and rules be amended with three months so that the guidelines can be implemented. The court directed the central government, state governments and union territories to file affidavits regarding the appropriate implementation of the judgment, within four months.