Lok Sabha Question No. 4109 (UNSTARRED), answered on 2023-03-24
Subject: Welfare of Children of Prisoners
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Bholanath (B.P. Saroj)

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.4109

TO BE ANSWERED ON 24.03.2023

## WELFARE OF CHILDREN OF PRISONERS

4109.  SHRI BHOLANATH (B. P. SAROJ):

Will  the  Minister  of  WOMEN  AND  CHILD  DEVELOPMENT  be  pleased  to state:

- (a) whether the Ministry has taken any steps with regard to the welfare of children of prisoners;
- (b) if  so,  the details thereof and the number of children of prisoners who were benefited  by  such  steps  or  the  scheme  sponsored  therefor,  State-wise including Uttar Pradesh;
- (c) if not, whether the Ministry has proposed to take up this issue with the State Governments in the near future; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) to (d): Prison is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. The administration and management of prison is primarily the responsibility of the State Governments. The Ministry of Home Affairs has also issued a comprehensive advisory dated 15 th  May, 2006 on 'Facilities to the children of women prisoners-Guidelines issued by the Supreme Court - regarding', which provides inter-alia, for steps to be taken by the States/UTs for providing education and recreation for children of female prisoners and also providing for crèches and nursery attached to the prison for women to look after children of women prisoners -  children  below  three  years  of  age  shall  be  allowed  in  the  crèches  while  those between three and six years of age shall be looked after in the nursery.  Apart from above,  the  Central  Government  has  enacted  the  Juvenile  Justice  (Care  and Protection of Children) Act, 2015 (JJ Act) (as amended in 2021) and as per Section 2 (14) (i), (v), (ix) and (x) of JJ Act, a child  who is found without any home or settled place  of  abode  and  without  any  ostensible  means  of  subsistence;  or  who  has  a parent or guardian and such parent or guardian is found to be unfit or incapacitated, by the Committee or the Board, to care and protect the safety and well-being of the child;  or  who  is  found  vulnerable  and  is  likely  to  be  inducted  into  drug  abuse  or trafficking;  or  who  is  being  or  is  likely  to  be  abused  for  unconscionable  gains, respectively, is included as a 'child in need of care and protection'.

The primary responsibility of execution of the JJ Act lies with the State Governments. No such data regarding number of children of prisoners is maintained centrally in the Ministry of Women and Child Development. However, Ministry of Women and Child Development  is  implementing  a  scheme  namely  'Mission  Vatsalya  Scheme' (erstwhile  Child  Protection  Services  Scheme)  through  State  Governments/UT Administrations with the objective to create a safe and secure environment for overall development of children in difficult circumstances, including children whose parents are  incarcerated  /  orphan  /  destitute  /  neglected  /  abandoned  /  surrendered  etc. These include placement in Children Homes, if there is no family to look after the said child, or sponsorship support if the child is living with family to ensure that their education can continue in an undisturbed manner. Once placed in a children's home the  said  child  would  receive  multiple  kinds  of  care  and  support  including  food, education, medical attention, vocational training, counseling etc., so that despite their disturbed family circumstances they can continue to develop to their full potential. As per  Mission  Vatsalya  Scheme,  Specialized  Adoption  Agencies  may  also  be established  near  or  within  jail  premises,  to  provide  care  and  protection  to  young children of incarcerated parents.

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