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New Delhi : The National Human Rights Commission ( NHRC) has taken suo motu cognizance of media report about the plight of 46 boys and girls, aged between one month and six years, living in prisons in Odisha with their mothers including 9 convicted and 36 undertrial prisoners.
The children living in the jails with their mothers are neither convicts nor undertrials and they are entitled to food, shelter, medical care, clothing, education and recreational facilities but allegedly nothing is being provided to them despite the Supreme Court guidelines.
The NHRC has observed that the contents of the media report, if true, amount to human rights violations of the innocent children. The guidelines set by the Supreme Court are very clear that is providing proper protection to such children but as reported, it appears, the ground reality is different. The news report is focused on the prisons in the State of Odisha. However, there could be similar cases in the jails of other States too, which have not yet been noticed, the NHRC has observed.
Accordingly, the Commission has issued notices to the Chief Secretaries and Directors General of Prisons of all the States and UT’s calling for reports along with statistics showing how many children are being kept with their mothers in the jails under their jurisdiction without ensuring facilities necessary for psychological and physical growth as well as educational upbringing. The response from all the States and UT’s is expected within six weeks, according to an NHRC release.
According to the media report carried on May 20, 2018, the Directorate of Prisons and Correctional Services, Government of Odisha, these children include 25 girls and 21 boys belonging to 9 convicted and 36 undertrial women prisoners. Out of the 45 prisoner mothers, 30 belong to the Scheduled Castes and Scheduled Tribes communities.
As reported, the Apex Court has formulated guidelines that the cases of women prisoners with children, should be disposed of expeditiously but the reality is different. There are many inmates who have been granted bail by the competent Court but they cannot be freed as they are unable to furnish the sureties.
The guidelines set by the Apex Court also ensure that the children below three years shall be allowed in crèche and those between 2-3 years should be looked after in a nursery run by the prisons authorities outside the prison premises and that small children should not be kept in sub-jails unless facilities are ensured for their biological, psychological and social growth.
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