Aid Provided to the Children of Prisoners by the Government


Posted On : February 11, 2018
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Overview of the Government facilities to the Women Prisoners

It is very difficult for a common and ordinary person to analyze the highness of the difficulties which are faced by the children of the people or the convicts who are behind the bars. At times those children are compelled to live their lives in such a way which would come under the definition of the most unpleasing and hateful lifestyle for most of us.
  • As per the provisions of the Constitution of India, affairs concerning prisoners come under the jurisdiction of the respective states.
  • Prisons are controlled and operated by state governments, subject to centrally made and authorized laws such as the Prisons Act, 1894. State governments have also issued and enacted various state-level prison laws, rules, regulations, and manuals.
  • A huge segment of the population of the prison comprised of the prisoners is influenced by the first-time offenders arguably more than 90 percent, and in that too the male population dominates which is around 96 percent.
  • As specified by the National Crime Records Bureau’s Prison Statistics India Snapshots 2012, around 1400 existing prisons housed nearly four lakhs occupants in the country.
  • There were a lot many women convicts with their children and many other women awaiting trial with their numerous children had lodgings in different prisons in the country.
  • In 2006, the Hon’ble Supreme Court of India laid down certain guidelines to make sure that prison authorities follow least possible and reasonable standards while quartering women with children.
  • As stated by a summary of the Asian Human Rights Commission the Court came up with the direction that children up to the age of six years can stay with their imprisoned mother and after attaining the upper limit age the child should be settled down with a deputy, if the mother so wants, or an establishment carried on by the Social Welfare Department, children residing with their mother in a prison must not be viewed or regarded as prisoners or imprisoned.
  • Such children must be presented with clothes, specific utensils, proper food and nourishment, sufficient sleeping provisions, and all the other essential necessities essential for the fit and fine growth and progress of a child.
  • They must also be provided with fair medical facilities and care with requisite vaccinations and they should be entitled with equitable educational and recreational equipments.
  • Following the ruling of the apex court of our country, prisons in India must also provide a nursery where the babies and young children are taken care of, for the children of imprisoned who are less than three years of age and nurseries for the children with age of three to six years. Besides, varied jurisdictions also have provisions for financial support to the children of imprisoned parents.
  • The State of Kerala pays a stipend on monthly basis to the children of people in prison discharging at least a two years of sentence in the jail and the State of West Bengal provides a regulation which states that if an imprisoned person has child/children reliant on him/her studying in school or college, the state government will provide every possible aid to settle up with the payments for the child to go on attending his/her school or college.
  • Additionally, some educational institutions in our country have also lessened their fees for children who are residing in prisons with an intention of providing them with every possible aid in order to make then capable enough for attaining success in their lives and also to make sure that just a mere fact of being the children of prisoners does not become an obstacle for them to flourish in their lives. Our nation is the habitation for the largest population of children in the world.
  • The Indian Constitution promises fundamental rights to all the Children present in our country and authorizes the government to frame particular provisions for Children.
  • The government is accountable for safeguarding childhood and assuring that children are shielded from misuse, ill-treatment, material, ethical and moral desertion.

Aid provided to the Children of Women Prisoners

The women prisoners and their children get some particular and just assistance and support from the end of the government. Women prisoners and their children enjoy the privilege which allows the imprisoned mothers to keep their children with them.
  • The Hon’ble Supreme Court of India has also come up with certain directions and guidelines for providing different just and fair facilities to the children residing with their mothers in the prisons.
  • The Apex Court has regulated the state governments to work in accordance with these guidelines which involve coming up with a fit and tidy surrounding and environment, healthy means, reasonable medical supervision, proper nourishment, sufficient clothes, educational and recreational facilities for the children.
  • Children under the age of three years are needed to be retained under the comfort of a crèche and the children in between the age of three to six years are required to be kept in a nursery.
  • The State Legal Service authorities are also expected to examine the prisons from time to time in order to ensure that the guidelines provided by the Supreme Court are complied with in a substantial and significant way.
  • The Government of India also came up with an advisory on the 15th day of May 2006 for all the states and union territories to take immediate action for performing and administering the orders of the Supreme Court of India. Furthermore, In 2007 BPR&D came up with a compilation with the name Prisons and Law in India and communicated to all union territories and states to notify them of the legal position in this reference.
  • The children staying with their mother in jail must also be presented with suitable clothes based upon the climatic conditions of the concerned area. Such children must also be provided with separate and hygienic food and dietary scale must be laid down.
  • In addition, it is also a mandate for the government to make the children who stay with their mother in the jail enjoy the facilities of separate utensils, vaccinations, clean drinking water, hygienic sleep, medical care, etc. Courts also give preference to the cases which involve women prisoners who are accompanied by their children to make sure that speedy and swift disposal of cases pending against them takes place in a non-discriminatory manner.
  • It is also a necessity that the children of convicts, especially women convicts must be handled and conducted with dignity and honor and the entire possibilities and opportunities for their appropriate education and upbringing must be made available to them by the government.
  • All the women prisoners and their children, who stay with them in the prison, must be advanced with the fundamental provisions for keeping in view the directions and guidelines issued by the Supreme Court of India in the well-known case of R.D. Upadhyaya vs State of Andhra Pradesh & others.
  • The government must ensure that there must be an improved visiting area for women prisoners to meet their children.
  • There should not be any meeting behind bars for women and their Children. The children who are retained under the safeguarded custody in a home of the Department of Social Welfare must be permitted to meet up with their mother at the minimum once in a week.

Help provided to the children of the imprisoned people by the scheme of Financial Sustenance, Education & Welfare of Children, 2014

  • The situation and hardships looked by children of under trial detainees and convicts mulling in Jails in Delhi established framework for detailing of a unique plan for giving satisfactory money related help to such Children. It was felt that the plan might guarantee that children successfully receive the requisite education and that their general welfare, wellbeing, improvement, and prosperity do not get ignored in any way since one of their procuring parents is detained.
  • Additionally, under National Policy for Children, it is a bounden obligation of the government to give satisfactory care and assurance to Children for their full physical, mental and social advancement in a solid and amiable condition. It is also an undeniable fact that they are left to fight individually once their one or both procuring guardian are detained in Jail. The vulnerability of such Children to physical, abuse and neglect increases manifold owing to lack of funds and parental care. In its National Policy for Children, 1974, Govt. of India has proclaimed children as country's "Supremely Important Assets". It is the extent of this scheme independent of imprisonment of their earning parent that their development might not be hindered and they should form into physically fit, rationally ready, ethically solid instructed people.

Types of Help provided to the children under this Scheme

  • The children are provided with financial aid by the way of monthly payment for each child.
  • The children are provided with free education, books, copies, uniforms or any such object in government schools (private schools also if enrolled as EWS) by viewing them as economically weaker section (EWS) child in Delhi.
  • The children are presented with a shielded and safeguarded environment and welfare measures for the children including the passing of order for sending a child to a suitable institution and direction for presenting the children with medical care and treatment, The children are also provided with free legal aid for interaction with imprisoned parents.

Eligibility criteria for the children to be considered for assistance under this Scheme

  • Children whose both the parents or only surviving parent is/are imprisoned would be qualified for financial assistance under this scheme.
  • The parents of the children should be normally living in Delhi for recent 5 years.
  • Imprisonment period of the parent(s), whose child is supposed to make use of the benefits under the provisions of the scheme, must not be shorter than 30 days.
  • The Annual income from all the ways and means of the parent(s) who are behind the bars must not be more than two lakh rupees or the limited amount as amended from time to time by the Government of National Capital Territory of Delhi.
  • The Children between the ages of five to eighteen years should essentially make an appearance at the School/academic institutions to claim the well being under this Scheme.
  • The parent or the guardian of the child should give a promise for the commencement of schooling of the child within six months of receipt of benefits under this scheme if the child is not enrolled with any institution.

Quantum of Financial Aid

The quantum of financial help for a child is limited to Rs.3, 500 (three thousand and five hundred) for the first child, further, Rs.3, 000 (three thousand) for the second child and in case of three or more children, there is an upper limit of amount of Rs.6,500 (six thousand and five hundred) shall be availed for well being of all the children till they arrive at the age of 18 years or parent(s) is/are freed from imprisonment, whichever is earlier. Nevertheless, in an instance where a child is placed with a proper institution, then such a child will not be eligible to get additional financial support.

Educational Provisions

Children are allowed to the avail learning assistance as far as educational requirements are concerned which include admission in an accessible government school in the most suitable grade with all facilities under the other schemes as well as cent percent discount on the tuition fees or any other such see by the school authority, in private school, if already studying.

Other Preservation and Prosperity Approach of the Scheme

  • The accountability for child protection is mainly a shared responsibility of family, community and the government. Nonetheless, under the provisions of this scheme, the followings are tended to be shielded for eligible children:
  • The children are presented with a pleasant and protected from harm and danger place of accommodation. First priority is given to a place of accommodation where the child was normally living with his/her parent(s). In affairs concerning security or if the child is found to have been left unaided, he/she can be moved to any other place of residence, preferably the place of residence of his/her relative/guardian or any reasonable person in accordance with the directions of Child Welfare Committee. The child can also be directed to be moved to an appropriate institution exclusively as a last resort.
  • The inner and rational vigor can be bestowed in the most appreciable manner by the relatives and family members of the child. Provision is made for counseling of such relatives and family members to make sure that the child does not go through any kind of ignorance or agony owing to imprisonment of the parent(s).
  • The Child Welfare Committee (CWC) of the respective area tends to guarantee through Proper Person/Proper Institution that the child gets appropriate medical, mental recreation and care which involve essential inoculation and dietary nourishing requirements.
  • The Child Welfare Committee would arrange for guaranteed working of a defensive security net for such helpless children keeping the best enthusiasm of the child in mind in a child amicable way.
  • The Child Welfare Committee might coordinate with the District Child Welfare Protection Officers and different organizations to guarantee the general prosperity and security of the child.
  • The Child Welfare Committee would make mention of the issue to Chief Probation Officer heading the Prison Welfare Services for monetary help to the child.

Welfare Funds

There is a fund carried on by the government which is utilized for the expenditure of financial aid as and when directed by the Child Welfare Committee. The fund is assigned via budgetary allocation by Government of National Capital Territory of Delhi.
Written By:
Mayank Vats

Mayank Vats


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