Lok Sabha Question No. 2202 (UNSTARRED), answered on 2018-07-31
Subject: Welfare of Children Residing in Jails
Ministry: HOME AFFAIRS
Asked by: SUPRIYA SADANAND SULE, RAJEEV SHANKARRAO SATAV, HEENA VIJAYKUMAR GAVIT, DHANANJAY BHIMRAO MAHADIK, P.R. SUNDARAM, JAYAKUMAR JAYAVARDHAN, VIJAYSINH MOHITE PATIL, RANJANBEN BHATT

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 2202

TO BE ANSWERED ON THE 31 ST  JULY, 2018/ SHRAVANA 9, 1940 (SAKA)

## WELFARE OF CHILDREN RESIDING IN JAILS

2202.

SHRIMATI SUPRIYA SULE:

SHRI SATAV RAJEEV:

DR. HEENA VIJAYKUMAR GAVIT:

SHRI DHANANJAY MAHADIK:

SHRI P.R. SUNDARAM:

DR. J. JAYAVARDHAN:

SHRI MOHITE PATIL VIJAYSINH SHANKARRAO:

SHRIMATI RANJANBEN BHATT:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) the policies formulated by the Government for the education and care of children below six years staying inside the prison with their mothers;
- (b)  whether children staying with their mothers in jails are denied basic facility and if so, the details thereof and the reasons therefor;
- (c)  whether  the  Government  is  seriously  contemplating  to  shift  these children to open jails and if so, the details thereof;
- (d)  whether  the  Government  has  formulated  any  social  security  scheme applicable to children housed in prison with their mothers and children of prisoners outside the prison;
- (e) if so, the details thereof and if not, the reasons therefor;
- (f)  whether  some  States  have  formulated  specific  schemes  to  deal  with these challenges; and
- (g) if so, whether the Government will encourage other States to formulate specific  schemes  to  deal  with  challenges  faced  by  children  residing  in Jails with their mothers?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (g): 'Prisons' and 'persons detained therein' is a State subject under List II of the Seventh Schedule to the Constitution. Prison Administration is therefore the responsibility of State Governments. The State Governments are competent to take appropriate decisions for the welfare and education of children staying with their mothers in prisons, including the decision to shift  such  prison  inmates  with  children  to  open  jails  and  formulation  of appropriate social security schemes etc.

The  Ministry  of  Home  Affairs  has  issued  several  advisories  to  the  State Governments  and  Union  Territories  from  time  to  time,  inter-alia,  sharing the  guidelines  issued  by  the  Hon'ble  Supreme  Court  on  facilities  for  the children  of  women  prisoners;  recommendations  of  the  National  Expert Committee on Women Prisoners and sharing the best practices adopted all over India in the matter of female prisoners and welfare of their children.

Besides  the  advisories  issued  from  time  to  time,  the  Ministry  of  Home Affairs had also prepared a Model Prison Manual 2016 and has circulated it to  all  States  and  Union  Territories.    The  Model  Manual  provides  detailed guidance to States to adopt the best practices provided in the Manual. The Manual has dedicated chapters on 'Welfare  of  Prisoners',  'After-care  and rehabilitation' and 'Women Prisoners' etc.

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