Children of imprisoned parents are regularly considered as overlooked children and disregarded victims of justice. In India, children younger than 6 years are regularly carried to stay with mothers inside the jail authority. According to Greenfield and Snell, Approximately 7 of every 10 ladies under remedial sanction in India have a child who is younger than 18. These helpless children confront gigantic troubles and unique needs request consideration. In this way, in the present examination, the researcher has endeavored to investigate the event of parental imprisonment and its effect on children of imprisoned parents in the light of the lawful arrangements made for assurance of such kids; and to devise legal provisions towards addressing the requirements of these children and their families. The article stretches across the conceptualization of the issue, distinguishes the lawful and social difficulties included and digs into a near investigation of the lawful arrangements made for children of imprisoned parents in different nations of the world, including England and wales, Hawaii, Algeria, china, Singapore, Canada and Benin. The article also points at the legal provisions in India. A demand for a different enactment for the security of these children of imprisoned parents in India is also proposed. Certain provisions of the Juvenile Justice Act, 2015 are additionally proposed to be reached out to such children. The main objective is to re-establish the approach of the legal framework towards the groups of imprisoned people.
Children of imprisoned parents are often considered as overlooked children of the society. The capture of a parent can be distressing for some children. As noted in a survey of research on youngsters with imprisoned parents, “The arrest and removal of a mother or father from a child’s life forces that child to confront emotional, social and economic consequences that may trigger behavior problems, poor outcomes in school and a disruption or severance of the relationship with the incarcerated parent that may persist even after the parent is released from prison.” A prison can never provide a healthy environment for a child, which every child deserves. As far as Human rights are concerned they are not deserted at the jail door: they apply to any individual captured or incarcerated. So, in this way, additionally to children and the parents. Children are forced to stay in the prison especially when mothers are imprisoned and this in turn hampers the freedom of the child which equals to the punishment faced by the parent.
In India, children younger than 6 years are regularly carried to stay with mothers inside the jail authority. According to Greenfield and Snell, Approximately 7 of every 10 ladies under remedial sanction in India have a child who is younger than 18. These helpless children confront gigantic troubles and unique needs request consideration . According to the National Crime Records Bureau’s, Prison Statistics India Snapshots – 2012, 1,394 existing prison housed 385,135 detainees in the nation. There were an aggregate of 344 ladies convicts with their 382 youngsters and 1,226 ladies anticipating preliminary with their 1,397 kids stopped in different detainment facilities in the nation. These children confront novel challenges, and their growing numbers and exceptional needs demand attention. Children may need to go up against new roles following parental imprisonment keeping in mind the end goal to give domestic, emotional or financial help for other family members. Their relationship with the detained parent and others around them every now and again suffer. They may need to move to another area, another home or another school due to imprisonment. However these effects are to a great extent unacknowledged in criminal justice system, huge numbers of which neglect to record data about prisoners, or considerably whether there are any. Attempts to make up for these failings have essentially been individual or neighborhood attempts rather than changes in official strategies and structures which put children interests at the center of issues that affect them within the prison context. The focus on the offender means that people around them are overlooked or ignored. Too often police officers do not consider the impact on the suspect’s children in a late night arrest, even though children may find it traumatic. The judges do not take into account the responsibilities of the suspect when passing sentence.
As the nation’s most fundamental help for vulnerable, the child welfare framework must start to address the requirements of children with imprisoned imprisoned parents in an attentive, efficient manner with recognition of their legal rights. This is of immense relevance in the Indian situation where the rights of the child have dependably been given priority.
Over the last few decades, efforts have been made towards addressing the issues of children of incarcerated parents at an international platform. The UN convention on Rights of the child (CRC) expressly quotes in its preamble regarding the declaration of children’s rights. Which goes as follows, “, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” It further explains that, the children all over world living in exceptional difficulties should be given special care and required facilities.