Authored By: Rajshavi sonker
Babasaheb Bhimrao Ambedkar Central University
ABSTRACT
According to NATIONAL COMMISSION RECORDS BUREAU (NCRB), 1,543 prisoners have 1,779 children. Many of the women face significant social and mental challenges due to their incarceration . Some of the women give birth while in the prison . Children up to age six years are permitted to live with their mothers in the prisons. However, once they exceed the prescribed obstacles, obstacles faced by the child of an incarcerated mother demand urgent attention. Special care must be provided to meet their necessities, including education, sanitation, and overall well-being, especially if the child is female . Every citizen of India is entitled to equal rights and dignity, and fostering the healthy growth of such children ensures the safeguarding of their rights and protection . L. well-being, wellbeing of the children . As a society, we must collectively work to address these challenges. The government and other stakeholders must ensure access to counseling, therapy, support, proper education, and age-appropriate interventions for these children. Such measures can effectively address the challenges faced during their confinement, counseling, therapy support, and proper education.
INTRODUCTION
Human rights are universal . Every human or citizen of India is born with their inherent rights and dignity equally . These are moral claims that are inherent in all individuals for their humanity . In every democratic society, incarceration means the person is confined behind the bars or the person who commits a crime. It is the legal process by which a person is detained or put behind bars in jail. The purpose of giving incarceration is to penalize the person and set an example for society so that the other people cannot try to commit the same crime; to rehabilitate and reform the person and prepare the person to reintegrate and contribute to society; and to protect other people in the society by from isolating them in the prison . The incarceration of women is rising globally, and often overlooked is the situation of their children. Women prisoners, who represent the global prison population, face many obstacles . According to recent studies, the number of women in prison is growing at a faster rate than that of men in many of the countries . According to NATIONAL COMMISSION RECORDS BUREAU (NCRB), 1,543 prisoners have 1,779 children . The women are often incarcerated for no -violence offenses such as drug-related crimes or petty theft, usually linked to poverty, trauma, or coercion . Many women are victims of domestic violence, human trafficking, sexual abuse, etc. In many countries there are no provisions for incarcerated women to keep their children with them, even when the child is an infant. When it comes to the mother and child units, they do exist, and there may be a possibility of limited and fewer resources. The mother and their children living together in prison negatively affect their emotional and social well-being.
IMPACT ON CHILDREN
- Emotional and Mental Distress
Children may suffer from health problems and experience physical ailments, trauma, and depression. feeling of loneliness, sadness, anxiety, anger, guilt, shame to face society and their friends and feel insecure due to separation from their mother and family.
- Academic Difficulties
difficulties in concentrating in school activities, poor academic performance, and constant absenteeism due to emotional distress.
- Anti -Behavior
Stigma or depression of having a mother in prison, which can also lead to self isolation, or the reason may not allow to form the relationship and feeling of insecurity to lose their parents.
- Behavioral Problem
Children may develop a feeling of aggression, anger, fighting, stealing, and substance abuse.
- Discrimination:
A child may experience discrimination at school and in society among their friends.
CAUSES WHICH LEADS TO THE IMPACT ON CHILDREN 6. It depends on the child.
- The impact on the child of the incarcerated mother depends upon the quality of the relationship that was established prior to the incarceration of the mother, which can affect the child’s response to the situation.
- Availability of family support or caregivers to the child, which may lessen the negative impact.
RIGHTS OF CHILDREN OF INCARCERATED WOMEN 1. RIGHTS UNDER LEGAL FRAMEWORK
❖ JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015:
This act provides protection, care, and rehabilitation to those children who are needed, including those whose parents are incarcerated.
❖ Special provisions for children who are living with them till the age of six years. 2. THE PRISONS ACT, 1894 & MODEL PRISON MANUAL (2016):
❖ Section 27 (1) states that women prisoners must be kept apart from the male prisoners.
❖ It must be ensured that there should be a child-friendly facility in prison for the children living with their mothers.
❖ It also ensures provision of healthcare, protection, and education for the children. 3. CONSTITUTIONAL RIGHTS
❖ ARTICLE 14 – This article provides the right to equality.
❖ ARTICLE 15 states that it allows the state to make special provisions for women and their children. This means that women prisoners must not be discriminated against in medical care or protection from abuse and violence.
❖ ARTICLE 21 – The right to life and personal liberty also includes the right to dignity.
ARTICLE (39) & (f)—this article ensures that children are not exploited and receive opportunities for development.
4.RIGHT TO STAY WITH THEIR MOTHER
❖ Children below six years are permitted to live with their incarcerated mother.
❖ Proper living conditions and nutrition must be ensured.
5.RIGHT TO HAVE ALTENATIVE CAREGIVER
❖ Living in prison may harm the child, so the child should be placed in the relative’s place or any other state -run institution.
- PROCTECTION FROM STIGMA
❖ Efforts should be made to protect the child from mental trauma and stigma by giving counseling, therapy, and rehabilitation to the child.
7 . RIGHT TO EDUCATION
❖ Children living in the prison should have access to education.
❖ When the child turns six years of age, then they should be sent to their relatives’ place or to the institutions run by the state under the Juvenile Justice Act (2015), ensuring their developmental safety.
➢ It should be ensured that the child gets vaccinated and medical care and a balanced diet properly.
RECOMMENDATIONS
➢ There should be a strict enforcement of the judicial guidelines and the juvenile justice act.
➢ The awareness towards the rights of these children should get increased.
➢ There should be foster care and institutional support when the child gets separated from the incarcerated mother.
➢ Improving prison conditions for women and providing access to the programs that support their reintegration into society.
➢ A child-centered approach should be followed.
LITERATURE REVIEW
- CHILDREN IN THE PRISON WITH THEIR MOTHER
- Children with their mothers in prison face many challenges, for instance, inadequate food, healthcare problems, mental trauma, and recreational facilities. The court held that the child should get a separate unit of food, utensils, and clothing according to the change in climate. If the mother dies in jail itself. Then it should be sent to an approved institution, run by the state social welfare department. (R.D. Upadhyay V. State of Andhra Pradesh and Others)
- A study also highlights that there should be a child-friendly environment in prison.
2. LEGAL FRAMEWORK
- In Indian Context The provisions are laid down in the Juvenile Justice Act, 2015, & guidelines in the Model Prison Manual, 2016, which aim to protect the mother and child, but their implementation remains inconsistent.
- In an International Context The international provisions of the UN Convention on the Rights of the Child (1989) state that a child’s interest must be considered primarily in parental incarceration.
- ALTERNATIVES TO INCARCERATION
- non-custodial measures
The United Nations office o probation, probation etc. • In India the court directed the need of legal assistance to prisoners on lookups and protect them from maltreatment, torture and ill treatment (Sheela Barse v. State of Maharashtra, 1983).
RESEARCH PROBLEM
➢ My paper study is based on the long -term impact of maternal incarceration on children in India.
➢ There should be a gender -sensitive prison facility, which needs to be tailored in accordance with the needs of women and their children. (Sheela berse v. State of Maharashtra, 1982)
➢ Lack of nutritious food provided to the pregnant women, which leads to the harm of the health of the mother and child both.
HYPOTHESIS OF THE STUDY
The hypothesis related to my paper is that inconsistency in implementation of provisions, the absence of maternal care in prison, inadequacy of food and nurturing, and inadequacy of facilities.
RESEARCH METHODOLOGY
My paper uses qualitative data and the research has been done on the analytical method and the factors that bring the topic into controversy, which made it a
debatable topic . The data has been taken from various articles, journals, and case studies .
FINDINGS
1-In legal framework the research studies to explore the impact of maternal incarceration wellbeing of children particularly in in countries like India .
2-Custodial violence is one of the major issues that is highlighted in this paper. Sheela berse v. State of Maharashtra, 1983
CONCLUSION
The intersection of incarcerated women and children’s well-being is a significant area that requires the attention of lawmakers, researchers, and civil so prisoner’s prisoner and children.
REFERENCES
❖ Down-to-earth, https://www.downtoearth.org.in/governance/why-children ofincarcerated-parents-need-special-attention-82451
❖ Md. Imran Wahab, Protection of children with mothers in prison, Legal Service India.
❖ Utkarsh Anand, Babies born in Bengal prisons: Women Were Pregnant When They entered jail, SC Told, Hindustan Times
https://www.hindustantimes.com/india-news/babies-born-in-bengal-prisons womenwere-pregnant-when-entered-jails-sc-told-101707850933660.html
❖ Constitution of India. Article .14
❖ Constitution of India. Article 15
❖ Constitution of India. Article 21
❖ Constitution of India. Article 39 (f) .
❖ Prisoners Act 1947 and Model Prison Manual 2016
❖ Government of India guidelines, Ministry of Home Affairs, volume number 17013/9/2006-PR, on 15 May 2006.
❖ Tabish Ahsan, Prayas, Children Of Women prisons The Invisible trial 2,018
❖ Sheela Berse Vs. State of Maharashtra, 1982 SC 1054 .
❖ R. D. Upadhay v. State of Andhra Pradesh and others.
