2006 (4) TMI 506 - SC - Indian Laws

Development of children who are in jail with their mothers, who are in jail either as undertrial prisoners or convicts.

Issues Involved:
1. Development and welfare of children in jail with their mothers.
2. Constitutional and statutory provisions for child welfare.
3. Conditions and treatment of children in various state jails.
4. Recommendations and guidelines for the care of children in jail.
5. Implementation and compliance measures for the welfare of children in jail.

Issue-wise Detailed Analysis:

1. Development and Welfare of Children in Jail with Their Mothers:
The Court highlighted the plight of children who are in jail with their mothers, either as undertrial prisoners or convicts. It recognized that the jail environment is not conducive to the development of these children and emphasized the need for special provisions for their care, welfare, and development. The Court noted various constitutional provisions that prioritize the best interests of the child, including Articles 15(3), 21A, 24, and relevant articles from Parts III and IV of the Constitution of India.

2. Constitutional and Statutory Provisions for Child Welfare:
The judgment referenced several constitutional articles and statutes that protect children's rights, such as the Guardians and Wards Act, 1890; Child Marriage Restraint Act, 1929; Factories Act, 1948; Hindu Adoptions and Maintenance Act, 1956; Probation of Offenders Act, 1958; Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960; Child Labour (Prohibition and Regulation) Act, 1986; Juvenile Justice (Care and Protection of Children) Act, 2000; and others. These laws collectively aim to ensure the welfare and protection of children.

3. Conditions and Treatment of Children in Various State Jails:
Reports from various state governments and Union Territories revealed the conditions and treatment of children in jails. The reports indicated that while some states provided special diets, medical facilities, education, and recreational activities, there were significant deficiencies in many areas. The Court noted that the general impression was that most children were living in difficult conditions, suffering from food, healthcare, accommodation, education, and recreation deprivation.

4. Recommendations and Guidelines for the Care of Children in Jail:
The Court issued several guidelines to improve the conditions of children in jail, including:
- Children in jail should not be treated as undertrials or convicts and are entitled to food, shelter, medical care, clothing, education, and recreational facilities.
- Pregnant women should be provided with appropriate pre-natal and post-natal care.
- Childbirth in prison should be avoided if possible, and births in prison should not be recorded as such in birth certificates.
- Female prisoners should be allowed to keep their children with them until the age of six, after which children should be placed in suitable institutions.
- Adequate food, clothing, medical care, and shelter should be provided to children in jail.
- Proper education and recreational opportunities should be provided to children living in jails.
- Children should not be kept in sub-jails or crowded barracks with women convicts and undertrials.

5. Implementation and Compliance Measures for the Welfare of Children in Jail:
The Court directed the State Governments and Union Territories to consider and implement the recommendations. It emphasized the need for periodic inspections by State Legal Services Authorities to ensure compliance with the guidelines. The Court also directed that cases involving women prisoners with children should be prioritized and decided expeditiously. A compliance report was to be filed within four months, detailing the steps taken by the Union of India, State Governments, Union Territories, and State Legal Services Authorities.

Conclusion:
The Supreme Court issued comprehensive guidelines to ensure the welfare of children living in jails with their mothers, emphasizing the need for special care, education, and medical facilities. It directed the relevant authorities to implement these guidelines and submit compliance reports, highlighting the importance of protecting the rights and development of these vulnerable children.

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