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THE RIGHTS OF CHILD IN INDIA WITH SPECIAL REFERENCE TO INCARCERATED PARENTS BY – AYAN AHMAD & DR. JYOTI YADAV
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THE RIGHTS OF CHILD IN INDIA WITH
SPECIAL REFERENCE TO INCARCERATED PARENTS
AUTHOREED BY – AYAN AHMAD
Designation – LL.M Scholar
Name of Institution- Amity Law
School, Amity University Lucknow Campus
CO-AUTHOR - DR. JYOTI YADAV
Designation- Assistant Professor of
Law
Name of institution- Amity Law
School, Amity University Lucknow Campus
ABSTRACT
Children of incarcerated parents face
unique challenges that can significantly impact their well-being and
development. In India, while there are legal provisions safeguarding the rights
of children, the specific needs of children with incarcerated parents require
attention. This paper explores the rights of children in India, with a focus on
the rights of children with incarcerated parents. It examines the legal
framework, including relevant laws and policies, aimed at protecting the rights
of these children.
Additionally, it discusses the
socio-economic implications of parental incarceration on children, such as
stigma, financial strain, and emotional distress. The paper also highlights the
importance of interventions and support systems, both within the criminal
justice system and in the broader community, to address the needs of these
vulnerable children. By recognizing and addressing the unique challenges faced
by children with incarcerated parents, India can strive towards ensuring their
rights to a healthy, nurturing environment conducive to their overall
development and well-being.
INTRODUCTION
Children with parents who are in
prison are sometimes referred to as "forgotten children" and
"victims of the justice system. "When a cherished individual is
sentenced to incarceration, it becomes challenging for all those involved to
manage the intense emotional distress. Children of jailed parents, who are
unintentional victims of crime, sometimes suffer the most from the
consequences. A correctional facility will never be capable of provide the
supportive environment that every kid is entitled to. Consequently, children
whose parents have been jailed have unique difficulties. In India, it is common
for children under the age of six to be placed in jail care in order to be with
their mothers. Seventy percent of the women in prison in India are mothers with
minor children, according to studies by Greenfield and Snell. A woman would
prefer that her children remain in jail with her if she is incarcerated and
there are no other suitable alternatives for child care. The National Crime
Records Bureau's Prison Statistics India Snapshots - 2012 reports that 1,394
prisons in India held 385,135 inmates. In all, 344 mothers and their 382
children were convicted; in other jails around the country, 1,226 mothers and
their 1,397 children were waiting for their trials. These youths are facing
challenges, and their increasing numbers and specific requirements need
assistance. While incarcerated, innocent children endure deplorable living
conditions that may cause them to develop low self-esteem and harmful habits
down the road. Dads and other family members don't spend enough time with their
kids or provide them with enough opportunity for play. Furthermore, as shown by
their frequent fighting and use of harsh language, they are exposed to bad
influences from other prisoners. They may exhibit problematic conduct in the
future as a result of this exposure. There is now no organized method for
tracking the quantity of children with jailed parents, and there is also no
process in place to check the accuracy of this data. Inmates are not required
to provide this information, and thus yet, no effort has been made to directly
quantify it. Moreover, imprisoning parents is more prone to intensify rather
than ease pre-existing family problems. As the nation's principal system for
helping at-risk children, the child welfare system has an obligation to pay
special attention to the needs of children whose parents are in prison and to
treat them with the dignity and respect they deserve. As a country that has
always placed a premium on protecting children's rights, India finds this issue
of paramount importance. The last ten years have seen a resurgence of interest
in finding solutions for the special problems faced by children whose parents
are behind bars. The Preamble to the United Nations Convention on the Rights of
the Child (CRC) references the Declaration of the Rights of the Child, which 2
recognizes that children deserve special measures and care, including legal
protection, from the moment they are born until the day they grow up. The
proclamation acknowledges the children's lack of maturity, both mentally and
physically. Additionally, the Preamble stresses the fact that children
worldwide are dealing with very challenging circumstances and need particular
support. The researchers selected this subject to ascertain the unique
challenges involved, scrutinize the legal entitlements accessible to children,
and provide remedies for the prevailing concerns in this respect.
Research Questions
•
How
does the kind and frequency of contact and visitation impact the social,
emotional, and behavioral issues experienced by children with jailed parents?
•
How
does the parent-child relationship influence the connection between the
frequency of contact and visitation and the occurrence of social, emotional,
and behavioral disorders in children with jailed parents?
•
What
is the impact of children's attitudes on contact and visitation on the
frequency of such interactions, as well as on social, emotional, and behavioral
problems?
Hypotheses
•
The
first study inquiry investigated the correlation between the kind and frequency
of contact and visiting, and the occurrence of social, emotional, and
behavioral difficulties. The question prompted the formulation of the following
hypotheses:
•
Increased
frequency of getting letters from a jailed parent would strongly correlate with
decreased scores on measures of children's and caregivers' views of child
internalizing and externalizing difficulties.
•
Increased
frequency of visits with a jailed parent would strongly correlate with
decreased scores on measures of child internalizing and externalizing
difficulties, as seen by both the children themselves and their caregivers
Objectives
•
To
acquire knowledge on the consequences of a mother's apprehension and
incarceration on her children.
•
The
purpose is to promptly address crises, take proactive measures to safeguard
individuals, and ensure the provision of essential services both inside and
outside the jail facility.
•
The
objective is to examine how families, neighborhoods, and communities react to
the circumstances faced by children of women who are incarcerated
•
In
order to comprehend the reaction of the relevant authorities within the Justice
and Welfare administrations.
RESEARCH METHODOLOGY
This research project for the Doctor of
Philosophy in Law has chosen to include the doctrinal or nonempirical aspect of
research technique. The doctrinal research is mostly based on primary and
secondary material collected from various sources. The examination is based on
the fundamental principles of Family Law.
REVIEW OF LITERATURE
To systematically devise remedies
considering legal frameworks in India and other nations, it is important to
first distinguish the challenges that occur due to parental confinement and
their adverse effects on children. The analysts have performed a comprehensive
investigation of the following: (Simmons C.W,2000), Children whose parents are
supervised by the criminal justice system are especially at risk. There is a
noticeable lack of focus on the plight of children whose parents are in prison,
despite the fact that the imprisonment rate is on the rise (Council on Crime
and Justice, 2006).While it's common knowledge that kids whose parents are in
prison are more prone to act out, the stigma and lack of resources in the child
welfare and criminal justice systems may make it hard to help these kids. It is
not common practice for correctional facilities to inquire about or collect
information about an inmate's family. According to Denise Johnston, it is not
always mandatory for law police to inquire about a detainee's children upon
their apprehension. It is impossible for administration programs to provide
these kids and their families with the essential assistance they need since
there is a lack of reliable research and data. (Clarke, n.d.), During the
sentencing process, the courts seldom ask about the detainee's children, which
means that there is another chance to acknowledge the children and intervene if
needed. When it comes to sentence, judges often disregard the culpability of a
guilty person in maintaining social harmony. Prison structures and
administrative systems are often created without taking into account the
effects they have on young prisoners, leading to the creation of remote and
isolated offices that are unattractive to young individuals.Reintegrating a
parent into a family after incarceration poses challenges for all parties
involved. However, both families and prisoners often lack the necessary
assistance throughout this process of readjustment, which may be just as
challenging as the detention itself. 4 (Beatty, 1997), Despite the fact that
proper nutrition and warmth are fundamental to a child's physical and mental
development, many youngsters in prison do not get either. Even if these kids
did try to participate in rehabilitation programs while incarcerated, they
wouldn't have access to the resources they needed. Every parent behind bars has
a set of dependent children who rely on them for everything from food and
clothing to shelter and schooling as well as for emotional support and physical
safety. All children, regardless of their age, are shown together, which
prevents any individual youngster from making progress in learning the
alphabet. There is no universally applicable method for providing appropriate
formal education. The majority of healthcare facilities are also not easily
accessible, which disproportionately affects children in need of mental health
treatment due to traumatic life events. Simmons (2000) It has been said that
the proximity between a kid's residence and the prison, after the child is six
years old and is under the care of a childcare facility in India, significantly
influences whether the child would see their parent. Numerous children are
unable to afford the expenses associated with visiting a parent who is in
prison. When a kid wants to see their jailed father, families may choose not to
visit due to the unsanitary and unpleasant conditions of the visiting rooms or
the children should not be housed in a correctional facility (Beatty, 1997;
Seymour & Hairston, 1998).According to research by Edin, Nelson, and
Paranal (2004), a parent's ability to maintain a positive relationship with
their child or child's mother while jailed is significantly diminished compared
to when the parent was free to contact them. The designers asserted that
incarceration may be an effective means of helping parents who had committed
crimes mend fences with their children or the child's mother, especially when the
guilty party's lifestyle choices had produced a split. Detention provided an
opportunity for the jailed parent to reorient their life.Parental imprisonment
may impede a child's growth, as shown in the study "Parental incarceration
and the The Impact of a Parent's or Caregiver's Incarceration on Their Mental
Health and Social Development (2013). Families often struggle financially
before, during, and after a parent's imprisonment, making it impossible for
children to see them. Neelam Sukhramani and Shivangi Gupta (2020) A study was
conducted on "Children of Incarcerated Parents" that found that the
already existing disadvantage faced by children of prisoners is exacerbated by
the lack of consistent implementation of age-appropriate care for children
living with their incarcerated mothers, despite guidelines set by the Supreme
Court. Children who are left at home while their parents are in jail confront
vulnerabilities as a result of their pre-existing socio-economic disadvantages,
continued involvement with the criminal justice 5 system, and societal
perceptions. This has a substantial influence on the health of prisoners, as
well as their educational, social, and emotional well-being. According to the
report given by “Women in Prisons” (2018), The Ministry of Women and Child
Development said that the number of incarcerated women in India is consistently
increasing. Female inmates, a significant number of whom are still in the
pretrial phase, have several difficulties in their day-to-day existence. When
deciding on a jail for a woman who has a kid, it is important to consider her
caregiving obligations. Whenever feasible, the woman should be given the
opportunity to choose the prison. It is imperative that children are not
subjected to treatment like that of criminals when they are detained in jail.
The amenities offered should be customized to suit the needs of the children
under the supervision of the administration. In order to ensure that
incarcerated children have access to fundamental necessities like as education,
child care, recreational activities, and a wholesome lifestyle,
non-governmental organizations, educational institutions, and physicians may
play a role. The prison administration will strive to provide an environment
for children that closely resembles the conditions experienced by children who
are not in jail, to the extent that is practically feasible for their
upbringing. In a separate study conducted by Shilpi Sarkar and Sandhya Gupta
(2015) titled "Life of children in prison: The Innocent victims of
mothers' imprisonment," it was discovered that the children who are
imprisoned are essentially innocent victims of their mothers' confinement.
These children are primarily lacking the love and affection of their fathers
and other family members, and they also have insufficient opportunities for
relaxation. Additionally, it was seen that these youngsters were consistently
subjected to criminogenic effects from other offenders, including the use of
harsh language and regular engagement in physical altercations. The jail
atmosphere, in which the innocent youngsters are residing, is susceptible to
potentially cultivating poor self-esteem and troublesome conduct in the future.
In addition, incarcerated moms indicated worry over the future conduct, schooling,
and social interactions of their children. Prayas is a field action project
centered on "Social work intervention Criminal Justice" mostly in
Maharashtra, and its director, professor Vijay Raghavan of Mumbai's Tata
Institute of Social Sciences' Centre for Criminology and Justice, claims that
female convicts get limited resources primarily because of their small
population size, which makes it economically impractical to establish separate
facilities for them. Additionally, he said that the situation is similar for
children in prison, since their population is often smaller. Furthermore, he
emphasized that a kid, regardless of their age or gender, cannot have a normal
existence while surrounded by female criminals while in custody.
Research
Problem
The specimens for the current investigation
were chosen from the penitentiaries of Lucknow and its environs. The research
focused on incarcerated parents whose children were below the age of eighteen.
OVERVIEW OF
INCARCERATED PARENTS
Children of imprisoned parents are
often considered as forgotten children and ignored victims of justice. When a
loved one is sentenced to prison, the emotional turmoil is difficult for
everyone to handle. Perhaps those who are unintentional victims of crime
children of incarcerated parents?, feel the heaviest burden. 2A jail can never
provide a family environment, which every child very much deserves. Therefore,
children whose parents have been imprisoned(incarcerated) face unique
difficulties.[1]
In India, children younger than 6 years are
often brought to remain with mother inside the prison custody.5According to
Greenfield and Snell approximately 7 in 10 women under correctional sanction in
India have a child who is under the age of 18.6When a woman is imprisoned, in
the absence of better solutions for the care of their children, women also
prefer that their children remain with them in custody. According to the
National Crime Records Bureau s Prison Statistics India Snapshots – 2012, 1,394
existing prisons housed 385,135 inmates in the country. There were a total of
344 women convicts with their 382 children and 1,226 women awaiting trial with
their 1,397 children lodged in various prisons in the country. These vulnerable
children face unique difficulties, and their growing numbers and special needs
demand attention.[2]
The innocent children are living
under the vulnerable circumstances of prison that might lead to future
development of low self-esteem and problem behavior.Children are not only deprived
of recreational facilities, and affection of father/ family members but also
exposed to criminogenic influences of other prison inmates (as reflected in
their abusive language and frequent fights) making them vulnerable to future
development of problem behavior.There is no systematic way of documenting the
number of children with a parent in prison, let alone of confirming the
accuracy of these figures. It is not required that prisoners release this type
of information, and as of yet, there has been no attempt of direct measurement.
Also, imprisoning parents is more likely to compound, than to mitigate,
pre-existing family problems[3]
CONCLUSION
The right of a child in India,
particularly in the context of having incarcerated parents, is a multifaceted
issue that necessitates a comprehensive understanding of legal frameworks,
social dynamics, and the impact on the child's well-being. In a country with a
diverse socio-economic landscape like India, children of incarcerated parents
often face unique challenges that can significantly affect their growth and
development. Therefore, it is imperative to delve into the complexities of this
issue and explore potential solutions to ensure that the rights of these
children are protected and upheld.
Firstly, it's essential to
acknowledge the legal framework surrounding children's rights in India. The
Constitution of India guarantees every child the right to life, education, and
protection from exploitation. Additionally, India is a signatory to the United
Nations Convention on the Rights of the Child (UNCRC), which reaffirms the
importance of protecting children's rights and ensuring their well-being.
However, despite these legal protections, the practical implementation of these
rights often faces challenges, particularly in cases involving incarcerated
parents.
Children of incarcerated parents are
a vulnerable population that requires special attention and support. When a
parent is incarcerated, children may experience a range of negative
consequences, including emotional trauma, economic hardship, social stigma, and
disruptions in education and family life. These challenges can have long-term
implications for the child's physical, emotional, and psychological
development.
One of the primary concerns for
children with incarcerated parents is the emotional impact of separation and
stigma. Children may experience feelings of abandonment, shame, and insecurity,
which can affect their self-esteem and mental health. They may also face
discrimination and social exclusion due to their parents' involvement in the
criminal justice system. Therefore, it's crucial to provide these children with
emotional support, counseling, and guidance to help them cope with the
challenges they face.
Moreover, the financial stability of
the family is often compromised when a parent is incarcerated. Many families
rely on the incarcerated parent's income for their livelihood, and their
absence can push the family into poverty. This economic instability can deprive
children of basic necessities such as food, shelter, and healthcare, further
exacerbating their vulnerability. Therefore, it's essential to provide
financial assistance and social support to these families to mitigate the
impact of incarceration on children's well-being.
Education is another critical aspect
that is often disrupted when a parent is incarcerated. Children may be forced
to drop out of school or miss classes due to financial constraints, caregiving
responsibilities, or emotional distress. This can have long-term consequences for
their academic performance and future opportunities. Therefore, it's essential
to ensure that children of incarcerated parents have access to quality
education and support services to help them stay in school and succeed
academically.
In addition to these challenges,
children of incarcerated parents may also face legal and administrative
barriers that prevent them from accessing their rights and entitlements. For
example, they may encounter difficulties in obtaining legal documents,
accessing government benefits, or maintaining contact with their incarcerated
parent. Therefore, there's a need for legal reforms and policy initiatives to
address these systemic barriers and ensure that children's rights are
protected.
In conclusion, the right of a child
in India, particularly with incarcerated parents, requires a comprehensive
approach that addresses their emotional, economic, social, and educational
needs. By recognizing the unique challenges faced by these children and
implementing targeted interventions and support services, we can ensure that
they have the opportunity to thrive and reach their full potential. Protecting
the rights of children of incarcerated parents is not only a legal and moral
imperative but also essential for building a more inclusive and equitable
society.
[1]
Simmons C.W. Children of Incarcerated Parents, California State Library; 2000
[2] Sarkar S. & Gupta S. Life of Children in
Prison: The Innocent Victims of Mother‘s Imprisonment, IOSR Journal of Nursing
and Health Science; 2015
[3]
Jackie Crawford (2003) ?Alternative Sentencing Necessary for Female Inmates
With Children in Corrections Today June 2003.
Article Information
THE RIGHTS OF CHILD IN INDIA WITH SPECIAL REFERENCE TO INCARCERATED PARENTS BY – AYAN AHMAD & DR. JYOTI YADAV
Authors: AYAN AHMAD, DR. JYOTI YADAV
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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