Lok Sabha Question No. 3231 (UNSTARRED), answered on 2023-03-21
Subject: Alleged Sexual Abuse of Female Inmates
Ministry: HOME AFFAIRS
Asked by: Karti P. Chidambaram

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3231

TO BE ANSWERED ON THE 21 ST  MARCH, 2023/ PHALGUNA 30, 1944 (SAKA)

ALLEGED SEXUAL ABUSE OF FEMALE INMATES

3231. SHRI KARTI P. CHIDAMBARAM:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the  details  and  number  of  female  inmates  who  faced  physical  abuse, sexual  abuse,  rape  and  torture  in  prisons  while  serving  their  sentences during the last five years, State/UT-wise;
- (b) the details and number of babies born in prisons to women inmates who experienced sexual abuse while under incarceration during the said period State/UT-wise;
- (c)  the  details  of  prisons  having  cradles,  crèche  and  nursery  facilities  for children located outside the prison premises, State/UT-wise;
- (d)  whether  the  Government  has  commissioned  any  study  to  assess  the social,  cognitive  and  psychological  development  of  children  of  women prisoners;
- (e) if so, the details thereof and if not, the reasons therefor; and

(f) the number of children below 18 years of age who faced physical abuse, sexual  abuse,  rape  and  torture  in  juvenile  homes  during  the  said  period, State/UT-wise?

## ANSWER

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

(a)  to  (c):  The  National  Crime  Records  Bureau  compiles  prison  statistics reported to it by the States and Union Territories and publishes the same in its annual publication 'Prison Statistics India'. The latest published report is of the year 2021. Specific data in this regard is not available centrally.

## L.S. USQ. NO. 3231 FOR 21.03.2023

(d)  and  (e):  'Prisons'/'persons  detained  therein'  is  a  'State  List'  subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. The administration and management of prisoners, including the children of women prisoners in jails, is the responsibility of respective State Governments  who  are  competent  to  undertake  any  study  to  assess  the social,  cognitive  and  psychological development of  the children of women prisoners. However, the Ministry of Home Affairs has issued an advisory to all States and Union Territories forwarding the guidelines for the welfare of the children of women inmates. These guidelines, inter-alia, provide that the children of prison inmates should be provided access  to education, recreational facilities, food, shelter and medical assistance etc. The Model Prison Manual 2016 circulated by the Ministry of Home Affairs to all States and Union Territories has a specific chapter on 'Women Prisoners', which, inter-alia, provides that prison administration should ensure holistic development of the children of women inmates. The Manual provides that the prison administration should strive to create a suitable environment for the children's upbringing, which should be as close as possible to that of a child  outside  prison.  The  Ministry  of  Home  Affairs  had  also  circulated  a report to the States/ Union Territories titled 'Women in Prisons' prepared by the  Ministry  of  Women  and  Child  Development.  The  report,  inter-alia, contains  specific  recommendations  on  'children  of  women  prisoners'  and 'better living arrangements' for women inmates and their children, etc.

(f): Specific data in this regard is not available centrally.

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