High Court directs for special care of kids confined with parent in prisons

PRAYAGRAJ: Hearing a bail application, the Allahabad High Court expressed concern over the plight of children lodged in prisons along with their incarcerated parents. Justice Ajay Bhanot directed UP principal secretary, women and child development, to ensure the state created a structured programme/scheme with supporting infrastructure for education, health, wellness and holistic development of children of jail inmates and to protect them against negative influences behind the bars.
The order was passed after hearing bail application of Rekha, who is charged with murder of her minor step-son.
By means of the present bail application, the applicant had prayed to be granted bail in the matter as she had been in jail since Oct 16, 2023.
Rejecting the bail application, the court observed, "The applicant has been identified as principal offender, who murdered her minor step-child and threw the body in a tank in the house. The applicant had the motive to commit the grave offence. At this stage, no case for bail is made out."
The counsel for the applicant had submitted that her five-year-old son was entirely dependant on her and that denial of bail would give rise to the need for the child reside on jail premises with her. Family circumstances and social roots be factored in while deciding the bail application.
On submissions of the counsel regarding rights of children who get confined to jail with their parents, consequent to rejection of bail ,the court was of the view, "The collateral damage inflicted on a child as a result of denial of bail to a parent becomes most significant when the child has to reside in prison with the accused. The court cannot shut its eyes to the plight of such children consequent to their confinement in jail by default. "The court also passed directions for education, health, wellness and holistic development of children of inmates who reside with mother in jails .
The court in its order dated Jan 20, directed principal secretary, department of jail, director general (prisons), as well as jail authorities of district jails to ensure that jail authorities concerned informed child welfare commission (CWC) about children confined to jail along with their parent. The jail authorities shall also provide access to CWC to such children. Also, such children must reside with parent in barracks separated/barricaded from other prisoners. It must be ensured that children had no contact with other prisoners.