Nearly 1,500 children living with women prisoners in jails across India: Government acknowledges challenges

As many as 1,492 children below the age of six years are living with their imprisoned mothers in different jails across the country. A total of 1,398 women prisoners are currently living with their children inside prisons.

The highest number is in Uttar Pradesh, where 311 women prisoners are living with 354 children below the age of six years in various jails.

Replying to a question by Ajeet Madhavrao Gopchade, Union Minister for Women and Child Development Annapurna Devi admitted that the Government is aware that children residing with women prisoners in jails face serious challenges relating to nutrition, healthcare, emotional well-being, and access to early childhood education.

“Prisons are a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. The administration and management of prisons are primarily the responsibility of the State Governments,” the Minister said.

The Ministry of Home Affairs has also issued a comprehensive advisory regarding facilities for the children of women prisoners. The advisory incorporates guidelines issued by the Supreme Court, which provide, inter alia, steps to be taken by States and Union Territories for ensuring education and recreation for the children of female prisoners.

Under these guidelines, States and UTs have been advised to establish crèches and nurseries attached to prisons so that women prisoners can look after their children. Children below three years of age should be accommodated in crèches, while those between three and six years should be looked after in nursery facilities.

“The Ministry of Home Affairs issued the Model Prison Manual, 2016 to States and UTs which, inter alia, provides for appropriate steps to ensure the welfare of children of women prisoners, including their education and health,” the Minister further informed.

She added that the Juvenile Justice (Care and Protection of Children) Act, 2015 is the primary legislation for ensuring the safety, security, dignity, and well-being of children, and that the Ministry of Women and Child Development is the nodal ministry responsible for its implementation.

“The Act defines standards of care and protection to secure the best interests of the child,” the Minister said.

She further explained that under Section 2(14) of the Act, a child may be classified as a “child in need of care and protection” in several circumstances. These include a child who is found without a home or settled place of abode and without any means of subsistence; a child whose parent or guardian is found unfit or incapacitated by the Committee or the Board to care for the child’s safety and well-being; a child vulnerable to drug abuse or trafficking; or a child who is being or is likely to be abused for unconscionable gains.

Sections 27 to 30 of the Act empower Child Welfare Committees (CWCs) to take decisions regarding children in need of care and protection, keeping their best interests in mind. These Committees are also mandated to monitor the functioning of Child Care Institutions (CCIs).

Similarly, Sections 4 to 9 of the Act empower Juvenile Justice Boards (JJBs) to take decisions regarding the welfare of children in conflict with the law. The primary responsibility for implementing the Act lies with the State Governments.

The Ministry is also implementing a Centrally Sponsored Scheme called Mission Vatsalya through State and Union Territory Governments to provide various services for the overall development of children in difficult circumstances, including children whose parents are incarcerated.

These services include institutional care and non-institutional care. Child Care Institutions established under the scheme provide, among other facilities, age-appropriate education, vocational training, recreation, healthcare, and counselling.

The Minister further stated that under non-institutional care, support is provided to children through sponsorship, foster care, adoption, and aftercare programmes.