Open Access Research Article

INVISIBLE VICTIMS: A CRITICAL LEGAL STUDY ON THE RIGHTS AND WELFARE OF CHILDREN OF WOMEN PRISONERS IN INDIA

Author(s):
PRATEEKSHA PATHAK PRATIKSHA SINGH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-25369478/INVISIBLE VICTIMS: A CRITICAL LEGAL STUDY ON THE R
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Abstract

ABSTRACT

Children of incarcerated women occupy a uniquely marginalised position in India's criminal justice landscape. Though innocent of any offence, thesechildrenarecompelled to inhabit prison environments that are antithetical to their physical, psychological, and developmental needs. This article critically examines the constitutional and statutory framework, judicial responses, and institutional mechanisms governing the rights and welfare of children of women prisoners in India. It argues that while the Indian Constitution, international instruments such as the United Nations Convention on the RightsoftheChild(UNCRC)andtheBangkokRules,andlandmarkjudgmentssuchas
R.D.Upadhyayv. Stateof Andhra Pradeshprovidea normativefoundationfor protecting these children, the gap between legal recognition and practical realisation remains vast. Drawing on the extant literature, NCRB data, comparative material, and detailed case analysis, the article identifies systemic failures in implementation, institutional fragmentation, and the absence of a dedicated legislative framework as the principal obstacles to reform. It concludes by proposing a cluster of legal and policy measures, including dedicated legislation, mandatory codification of Supreme Court guidelines, expanded non-custodial alternatives, and structural reforms to monitoring and accountability mechanisms, that can transform the promise of child rights into lived reality for this invisible population.

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Author Details

Authors: PRATEEKSHA PATHAK & PRATIKSHA SINGH
Registration ID: 1013136 | Published Paper ID: IJLRA13136 & IJLRA13137
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 532-567

Article Information

INVISIBLE VICTIMS: A CRITICAL LEGAL STUDY ON THE RIGHTS AND WELFARE OF CHILDREN OF WOMEN PRISONERS IN INDIA

Authors: PRATEEKSHA PATHAK, PRATIKSHA SINGH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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