Prayagraj: The Allahabad High Court has asked the Uttar Pradesh government to implement a comprehensive care plan for children living in jails due to the incarceration of their parents. The court said that denying rights to such children would violate their fundamental rights.
“The confinement of a child in prison alongside their parent is an invisible trial inflicted on an innocent life. Such caged childhoods are a failure of justice and a betrayal of the constitutional promise to our youngest citizens,” the court said.
Justice Ajay Bhanot made these remarks while hearing a bail plea of Rekha, the mother of a five-year-old boy. While granting bail to the mother of a 5-year-old child, the court directed the Uttar Pradesh government to ensure the rights of such children are protected.
Advocate Rahul Upadhyay, representing the woman, argued that keeping the child in jail violates his fundamental rights under Article 21-A of the Indian Constitution and other protective laws, including the Right of Children to Free and Compulsory Education Act, 2009.
Justice Bhanot said that the prison environment seriously hinders the overall development of the child and causes long-term psychological harm.
Additional Advocate General Ashok Mehta and advocate RPS Chauhan, appearing for the state government, acknowledged the need for measures to ensure the well-being of children in prisons.
Justice Bhanot emphasised that children in prisons are deprived of a conducive environment for education and development. “The prison environment is inherently restrictive and cannot meet the developmental needs of children. The courts must ensure the protection of the constitutional and statutory rights of such children,” he said.
The judge said that the children living in jails should be enrolled in schools outside the jail premises. “Jail officials and parents cannot deny this right, as doing so would violate Article 21-A of the Constitution. The government should implement a comprehensive care plan for children of parents in jail,” he said.
“This will ensure access to education, healthcare, and development opportunities. Government departments should cooperate to create a support system for children in such circumstances,” the court said and directed to send copies of the order to the concerned departments for compliance.
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