Overcrowding in Maharashtra jails puts kids of women prisoners at risk: Study

While courts focus on deciding guilt or innocence a new study has drawn attention to a largely overlooked group mdash children of incarcerated parents CoIPA report released by iProbono India a Delhibased womenled 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 arrestedUsing 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 MaharashtraAccording to the findings as of 2023 202 children were living with 173 women prisoners across Maharashtrarsquos 64 central and undertrial prisonsThe state has a total of 1594 women prisoners including both convicts and undertrials Its only dedicated womenrsquos jail which has a sanctioned capacity of 262 inmates is currently housing 343 women mdash an occupancy rate of more than 130 per centExperts warn that such overcrowding limits childrenrsquos access to space nutrition healthcare and emotional support affecting their overall developmentLimited childcare facilitiesAlthough the Prison Department claims cregraveches are available their exact number and locations have not been specifiedIndependent research shows that Anganwadis under the Integrated Child Development Services ICDS operate in only seven of the statersquos 64 prisonsUnlike 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 needsNational picture shows gapsThe report also compares approaches taken by other states Delhi provides up to Rs 6500 per month to families of incarcerated persons under dedicated schemes though awareness remains low Kerala limits cregraveche and Anganwadi facilities to children of convicted mothers often excluding undertrials Rajasthan has reported limited data on child tracking and cregraveche facilities Assam has reported cases of children aged up to six living with male inmates raising concerns about prison managementLegal grey areaA key concern raised in the report is whether children of incarcerated parents are legally recognised as ldquoChildren in Need of Care and Protectionrdquo under the Juvenile Justice Care and Protection of Children Act 2015Currently 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 supportThe report quotes international observations noting that children ldquohave done no wrong yet they suffer the stigma of criminalityrdquoCalls for urgent reformThe 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 Delhirsquos model to prevent children from falling into poverty or exploitation