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LATEST NEWS UPDATES | Blameless but forced to live behind jail walls -Ambika Pandit

Blameless but forced to live behind jail walls -Ambika Pandit

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published Published on Oct 28, 2012   modified Modified on Oct 28, 2012
-The Times of India

They stay in cramped prison spaces with minimum facilities at their disposal. But they're not criminals. They are the children of women who have been convicted or are facing trial. Over 800 children up to the age of six are languishing in prisons across seven states and union territories, including Delhi, for no fault of their own. Sadly, the juvenile justice system is yet to make room for them under "children in need of care and protection".

A study undertaken by Delhi Commission for Protection of Child Rights (DCPCR) reveals that 56 such children below the age of six are lodged in Delhi's prisons along with their mothers, as per 2011 data. The study, titled 'Children of Prisoners-A Rights based Perspective', highlights the plight of about 871 children who are imprisoned in 117 jails in Delhi, Goa, Gujarat, Puducherry, Punjab, Rajasthan, Uttar Pradesh and West Bengal. These children are prone to psychological problems, physical abuse and stunted development due to a lack of facilities, the study points out.

A study-based report compiled by DCPCR member Dr Sarita Sarangi talks about both boys and girls aged below six living with parents inside prisons and children of prisoners aged between 6 and 18 living outside. Of the 6,501 women convicts and undertrials across the seven states/UTs, 1,885 had children lodged in jails at some point of time and 3,380 had kids living outside.

Children can be sent to prison with parents if they are young and dependent, have no parental/ family support outside the prison or are born inside the jail, the report states. It also exposes the lack of coordination between the criminal justice system and the juvenile justice system. "Despite being the most vulnerable among underprivileged children, as they also carry an emotional burden arising from the fact that they are the children of a convict/undertrial, these kids are not recognized under "children in need of care and protection" under the Juvenile Justice (Care & Protection of children) Act 2000," the study highlights.

Pointing out that "prison" is a state subject, the report states that the age up to which prisoners are allowed to keep children with them varies from one state to another. For instance, in Bihar the age limit is up to two years, in Himachal Pradesh, Rajasthan and Maharashtra it is up to four years and in Delhi, Tamil Nadu & Karnataka, children up to the age of six can live with prisoners. Once kids cross the particular age, they have to be moved to a hostel or left in the care of relatives or a parent outside jail.

Jail authorities in the capital have expressed helplessness in providing permanent facilities to these children, citing the intervention of NGOs. To overcome the problem, the report suggests that states step-up measures so that the benefits of various welfare schemes like Integrated Child Protection Scheme (ICPS) and Integrated Child Development Scheme (ICDS) can reach these children. It also recommends that the Delhi government should make efforts to trace prisoners' children — aged below 18 — living outside jails. "A detailed plan of action must be chalked out for their rehabilitation and they must be brought under the framework of the JJ Act," the study underlines. Alternative methods of sentencing like parole, probation, bail and community sentencing must be explored for the mothers of children aged below six, to reduce the psychological stress of the child.

Terming the report 'timely', Delhi's women and child development minister Kiran Walia said that the suggestions for policy changes made in the report should be considered positively, keeping in view the developmental needs of the children of prisoners.

DCPCR chairperson, Arun Mathur, reiterated her views. He said, "Children of prisoners are the most vulnerable section of society. It is time to give in depth consideration to the existing legal mechanisms so that their rights can be safeguarded".

The Times of India, 28 October, 2012, http://timesofindia.indiatimes.com/city/delhi/Blameless-but-forced-to-live-behind-jail-walls/articleshow/16985548.cms


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