Maternal Incarceration and Child Rights: A Constitutional Perspective

Prison is a place for the incarceration of the individuals who have been remanded in custody by the judicial authority and whose liberty is deprived following conviction for a crime. It is a place which is used permanently or temporarily for the detention of the prisoners under the order of government. However, it is not a right choice as a living place for the children as it hinders their growth and development. It does not provide that kind of physical and social environment which is important for their growth. Their brought up in prison encounter wide range of difficulties including social, educational, economic, psychological and environmental ones. Time to time our Indian Constitution, statutory provisions and Judiciary protect the rights of children from any type of violation. Moreover, the Indian Constitution creates an obligation on the State to ensure their holistic development. The research paper examines the constitutional framework regarding the rights and welfare of the children living with their inmate mothers in prison without any cause.