Lok Sabha Question No. 3608 (UNSTARRED), answered on 2021-08-10
Subject: Children in Prisons
Ministry: HOME AFFAIRS
Asked by: Gaurav Gogoi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3608

TO BE ANSWERED ON THE 10 TH  AUGUST, 2021/ SRAVANA 19, 1943 (SAKA) CHILDREN IN PRISONS

3608.  SHRI GAURAV GOGOI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether  the  Government  maintains  any  data  on  the  number  of  (0-6 years) children living in prisons with their mothers in the country if so, the details thereof, age-wise and gender-wise;
- (b) the details of schemes available for child prisoners, residing inside and outside prisons, national and State-wise;
- (c) whether  the  Government  has  provided  any  welfare  mechanism  for education  of  these  children,  if  so,  the  details  thereof  and  if  not,  the reasons therefor;
- (d) whether  the  Government  has  issued  any  guidelines,  on  any  other provisions for mental health counseling of such children in prisons, if so, the details thereof; and
- (e) whether the Government has conducted an assessment of the condition of these children in prisons, if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY KUMAR MISHRA)

(a):  National  Crime  Records  Bureau  (NCRB)  compiles  prison  statistics reported to it by States and Union Territories (UTs) and publishes the same in its annual publication 'Prison Statistics India'. The latest published report is of the year 2019. Specific age-wise and gender-wise data of children living with their mothers in prisons is not maintained by NCRB.

## LS.USQ. NO.3608 FOR 10.08.2021

(b) to (e): 'Prisons'/'persons detained therein' is a 'State subject' as per Entry 4 of List II of Seventh Schedule to the Constitution of India. Administration and  management  of  prisoners  is  the  responsibility  of  State  Governments, who are  competent  to  devise  and  implement  appropriate  schemes  for  the welfare of children of prison inmates. However, the Ministry of Home Affairs (MHA)  has  been  supplementing  the  efforts  of  the  State  Governments  by issuing various advisories from time to time. MHA had issued an advisory to all the States and UTs forwarding the guidelines which may be followed by them  for  the  welfare  of  the  children  of  women  inmates.  These  guidelines, inter-alia,  provide  that  these  children  should  have  access  to  food,  shelter, medical assistance, education and recreational facilities, etc.

The comprehensive Model Prison Manual 2016 forwarded to all States and UTs  in  2016  also  has  a  dedicated  chapter  on  'Women  Prisoners',  which provides  that  prison  administration  should  ensure  holistic  development  of children of women inmates. The Manual provides that the children of women inmates should be provided educational and recreational opportunities and there should be a well-equipped crèche and a nursery school attached to the prison.  The  Manual  further  provides  that  adequate  health  facilities  should also  be  provided  to  the  children  of  women  inmates  and  they  should  be regularly  examined  by  a  Lady  Medical  Officer  to  monitor  their  physical growth and may be vaccinated for various diseases.

## LS.USQ. NO.3608 FOR 10.08.2021

MHA had also forwarded a report titled 'Women in Prisons' prepared by the Ministry of Women and Child Development (MWCD) to all States and UTs for appropriate  action.  This  report  was  based  on  jail  visits  undertaken  by  the National  Commission for Women and other qualitative/quantitative data on women prisoners. The said report, inter-alia, contains specific recommendations  for  'children of women  prisoners'  and  'better living arrangements' for women inmates and their children, etc.

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