In a remarkable judgment, the Allahabad High Court shed light on the plight of children residing in prisons with their incarcerated parents, emphasizing their fundamental rights to education, development, and dignity. The court, while hearing Criminal Misc. Bail Application No. 25993 of 2024, granted bail to Smt. Rekha, a mother of a five-year-old boy, and directed the Uttar Pradesh government to ensure the rights of such children are protected.
Background of the Case
The case revolved around Smt. Rekha, who has been living in prison with her five-year-old son since her incarceration. Advocate Rahul Upadhyay, representing the applicant, argued that the child’s confinement in prison violated 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. He contended that the prison environment severely hindered the child’s holistic development and posed long-term psychological harm.
The State, represented by Additional Advocate General Ashok Mehta and Advocate R.P.S. Chauhan, acknowledged the need for measures to ensure the well-being of children living in prisons. However, the State highlighted the practical challenges in creating adequate support systems within the prison infrastructure.
Court’s Observations
Justice Ajay Bhanot delivered a detailed judgment addressing the broader implications of the case. Some key observations include:
1. Impact of Confinement on Children:
“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.”
2. Importance of Holistic Development:
Justice Bhanot emphasized that children residing in prisons are deprived of a conducive environment for education and growth. The court observed that jail environments, inherently restrictive, cannot fulfill the developmental needs of young children.
3. Judiciary’s Role in Safeguarding Rights:
“Avoiding germane issues that arise in bail jurisdiction, especially those affecting children, amounts to abdication of judicial responsibility. It is imperative for courts to ensure the protection of such children’s constitutional and statutory rights.”
4. Constitutional Mandates:
The court referenced Articles 15(3), 21-A, and 39(e) and (f) of the Constitution, which obligate the State to ensure children are provided opportunities for education, development, and protection from harm.
Court’s Decision
The court granted bail to Smt. Rekha, emphasizing the fundamental rights of her child. The decision was rooted in the recognition that a parent’s incarceration should not compromise the constitutional rights of their child.
Additionally, the court issued directives to the Uttar Pradesh government, including:
1. Mandatory Education:
Children living in prisons must be admitted to schools outside the prison premises. Jail authorities and parents cannot refuse this right, as doing so would violate Article 21-A of the Constitution.
2. Creation of a Child Care Plan:
The State must implement a comprehensive care plan for children of incarcerated parents, ensuring access to education, healthcare, and developmental opportunities.
3. Coordination Between Departments:
Government departments must collaborate to address logistical challenges and create a support system for children in such circumstances.
4. Compliance and Monitoring:
Copies of the judgment were directed to be circulated to relevant departments for compliance, with regular monitoring to ensure adherence.
