A report released by iProbono India, a Delhi-based, women-led social justice organisation, highlights the struggles faced by children who either live inside prisons with their mothers or are left outside without proper care when a parent is arrested
According to the findings, as of 2023, 202 children were living with 173 women prisoners across Maharashtra’s 64 central and undertrial prisons. Representational Pic/File
While courts focus on deciding guilt or innocence, a new study has drawn attention to a largely overlooked group — children of incarcerated parents (CoIP).
A report released by iProbono India, a Delhi-based, women-led social justice organisation, highlights the struggles faced by children who either live inside prisons with their mothers or are left outside without proper care when a parent is arrested.
Using data obtained through the Right to Information (RTI) Act and the National Crime Records Bureau (NCRB), the report points to serious gaps in welfare support, especially in Maharashtra.
According to the findings, as of 2023, 202 children were living with 173 women prisoners across Maharashtra’s 64 central and undertrial prisons.
The state has a total of 1,594 women prisoners, including both convicts and undertrials. Its only dedicated women’s jail, which has a sanctioned capacity of 262 inmates, is currently housing 343 women — an occupancy rate of more than 130 per cent.
Experts warn that such overcrowding limits children’s access to space, nutrition, healthcare and emotional support, affecting their overall development.
Limited childcare facilities
Although the Prison Department claims crèches are available, their exact number and locations have not been specified.
Independent research shows that Anganwadis under the Integrated Child Development Services (ICDS) operate in only seven of the state’s 64 prisons.
Unlike Delhi or Odisha, Maharashtra does not have a dedicated welfare scheme specifically for children of incarcerated parents. Instead, children are included in broader sponsorship schemes, which the report says often fail to address their psychological and emotional needs.
National picture shows gaps
The report also compares approaches taken by other states:
- Delhi provides up to Rs 6,500 per month to families of incarcerated persons under dedicated schemes, though awareness remains low.
- Kerala limits crèche and Anganwadi facilities to children of convicted mothers, often excluding undertrials.
- Rajasthan has reported limited data on child tracking and crèche facilities.
- Assam has reported cases of children aged up to six living with male inmates, raising concerns about prison management.
Legal grey area
A key concern raised in the report is whether children of incarcerated parents are legally recognised as “Children in Need of Care and Protection” under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Currently, parental imprisonment is not clearly listed as a category under the law. As a result, many children depend on the discretion of Child Welfare Committees for support.
The report quotes international observations, noting that children “have done no wrong, yet they suffer the stigma of criminality”.
Calls for urgent reform
The report recommends several reforms, including -
- Mandatory creches in all district and central prisons in line with the R D Upadhyay guidelines.
- Amendments to the Juvenile Justice Act to explicitly recognise CoIP as a protected category.
- Monthly financial assistance schemes similar to Delhi’s model to prevent children from falling into poverty or exploitation.
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