Children of Prisoners
This blog titled 'Children of Prisoners' seeks to offer the learner with a basic awareness of the many sorts of prisoner children in India and the psychosocial challenges they confront. It also teaches the reader about the rights of convicts' children, which helps them work with them.
Children of Prisoners
Children of convicts are vulnerable and ignored. They're called the "Orphans of Justice," "Cinderella of Penology," or the "forgotten victims of crime" (Kuashik & Sharma 2013). Inmates' children are silent victims. Parental jail harms children long-term. Children of inmates can be divided by their location: inside or outside the prison.
According to Prison Statistics India 2011 (NCRB, 2012), India has 1,382 jails, 19 of which are women-only. In December 2011, there were 3,56,902 men and 16,024 women in Indian jails. Despite a rapid rise in female incarceration, female criminals make up a far smaller fraction (4.3%) than men. In December 2011, there were 383 convicted women with 440 children and 1,177 women under trial with 1,289 children in U.S. prisons. Over 1700 children live in Indian prisons with their mothers. This number doesn't include all prisoner children. It exclusively portrays children in prison with their moms, not convicts' families.
Women inmates can keep children under 6 with them in prison, but men can't. Children over 6 must stay outside when their father or mother is imprisoned. Children of inmates can also be categorized by whether they have a single parent or both parents outside jail. Sometimes both parents are incarcerated, leaving their children as orphans. In some circumstances, a parent is imprisoned for killing their spouse, leaving their children as orphans.
Loss of parental touch and nurture can reduce children's coping capacities, impair their social functioning, and alter their behavior. Children are double victims; they lose a parent and are stigmatized and neglected, stunting their emotional, mental, and physical development. When one parent murders the other, sometimes in front of the child, he/she loses both parents in terrible and painful circumstances.
Shawn Bayes, executive director of Elizabeth Fry Society, Vancouver, says children of inmates suffer from separation anxiety, shown through isolating behaviors, sleep difficulties, violence, and excessive rage. They suffer dread, abandonment, shame, and guilt and are at risk for poor academic performance, absenteeism, gang membership, and substance addiction. Vancouver's Elizabeth Fry Society organizes events to support children whose parents are in the judicial system. Robertson (2012) believes that incarcerating parents puts children at risk of .
- Deprivation of basic necessities and opportunities.
- Danger of secondary victimization and depersonalization.
- Deterioration of overall situation of a child.
- Distance from the imprisoned parent.
- Descent into antisocial behaviour.
Definition
The United Nations Convention on Rights of the Child 1989 defines ‘a child as every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier’ (Bajpai, 2007). Juvenile Justice (Care and Protection of Children) Act 2000 of India, defines ‘juvenile’ or ‘child’ as a person who has not completed the eighteenth year of age (Bajpai, 2007) (Adenwala- n.d.).
Categorization of Children:
The children of the prisoners can be categorized into two:
- Children living with a parent in prison – In India, a woman prisoner is legally permitted to keep her young children up to the age of six.
- Children living outside when their parent is imprisoned – These children often live with relatives and sometimes with neighbours/ friends or in children’s institutions managed by the Government or Voluntary Organizations. They are sometimes referred to as ‘Children who are left behind in the community’.
The Prayas (2002) Project of the Tata institute of Social Sciences (TISS) mentions the following sub groups:
- Children born to mothers while in custody.
- Minors (which include infants being breast-fed) permitted to be taken into police or prison custody with their mothers.
- Minors, taken into penal custody with their mothers, who have been later sent outside (before or after attaining the prescribed age-limit), while the mother remains incarcerated.
- Minors taken into custody with their mothers, who leave with their mothers (bail/ discharge/ acquittal/ completion of sentence).
- Minors left outside when either or both parents are taken into custody.
- Adult – sometimes married – children of prisoners.
- Adult or minor children, from a previous marriage, of persons in custody.
- Minors who grow into adulthood while a parent is serving a sentence.
Issues related to the children of prisoners
Children inside the prison: Children are permitted to live with their mothers until they turn six years old, according to Supreme Court guidelines. This rule was established because mothers and children shouldn't be separated while they are still developing. Children may be born inside of jails or they may stay with their moms while they are behind bars. However, they cannot grow and flourish in a jail setting. The children's prison atmosphere is dangerous due to frequent overcrowding, a lack of enough food, clean water, and sanitary amenities. The lack of play, educational, and social contact opportunities in jails inhibits children's cognitive and motor development.
Prayas (2002) Project of TISS, Mumbai reports that:
- The prison environment is not conducive to the normal growth and development of children.
- Socialization patterns of these children get severely affected due to their stay in prison as they are unaware of the concept of ‘home’. Their only image of a male authority figure is that of the police and prison officials. Boys sometimes talk in the female gender, having grown up only among women in the female ward. Sights like animals on roads frighten these children because of lack of exposure to the outside world.
- The children born in the prison may not experience a normal family life until the release of the parent.
- The constant transfer of children with their mothers from one prison to another unsettles their lives which results in display of violent and aggressive, or withdrawn behaviour.
The deviant behaviors that are frequently exposed to the children in prison have a harmful impact on them. The children's psychological and developmental needs are not being met by a professional prison personnel. They are not equipped to reintegrate into society in a healthy way.
Children living outside when their parents are imprisoned:
The children of incarcerated parents who are raised outside must deal with a variety of challenges and challenging situations, such as the following:
- Unfavorable parent-child relationship: In the case of younger children, the parents' incarceration prevents the formation of a parent-child attachment. The quality of children's attachment to their parents is negatively impacted by their parents' prolonged absence from their lives. Children are left with friends or relatives when parents are sent to prison. These kids may clearly feel the mother or father figures' or both of their parents' physical absence. Due to the harsh surroundings of the jail, some parents might not want their kids to visit them there. It could be emotionally upsetting for them, therefore they might not want to keep in touch. Due to the unfavorable communication climate in prisons, even parents who are in detention occasionally restrict communication with their own children.
- Lack of parental love, care, protection, guidance, and emotional support causes children to be neglected. The youngster is at the mercy of the relatives or neighbors if both parents are incarcerated. The idea of a family is not supported or understood during their development.
- Financial Challenges: When a parent is imprisoned, especially if they are the family's primary provider, the family suffers a severe financial loss. The family is burdened by the cost of maintaining the home and the legal expenses related to court cases. It will be more work for the grandparents or other family members if they are given custody duties. The children's education is impacted since the family may find it challenging to pay for tuition, uniforms, and books. The standard of living suffers because of a shortage of resources.
- Psychological problems: Life inside a jail can be a very traumatic experience for younger children. They tend to suffer from night mares and flash back of the arrest incident. Children suffer from poor peer relationships, diminished cognitive abilities, anxiety, withdrawal, hyper vigilance, depression, shame, guilt, anger, aggression and hostility.
- Social Stigma: The imprisonment of the parents brings in feelings of shame and social stigma in children. In some cases there can be social boycott from the community or neighbourhood or sometimes the family may be forcibly expelled from the area. The family might experience humiliation and hostility. Children may feel isolated, become introverts and avoid social interactions.
- Lack of information: Another challenge is the lack of understanding and access to information about the criminal justice system. Children may not be informed about the incarceration of the parents and even if they are informed, they may not understand the real status of the parents.
- Change of roles: Often the elder children of the family drop out of school due to the imprisonment of the parents and are forced to earn a livelihood for the family, do household chores and also seek legal aid for their parents, and become involved in the criminal justice proceedings. The complete change in the role becomes imperative for the benefit of the family. However, their innocence is lost in the process, making the child adopt mature roles.
- School dropout: There is a high risk of children of the incarcerated parents dropping out of school. The added responsibilities in the absence of the parents, financial difficulties and stigma may push them out of schools. According to the study undertaken by Prayas (2002), the education of prisoners' children is very likely to suffer. The consequences of a parent's arrest could be: having no one to get children ready for school, difficulty in re-admission, stress, weakness in study, not being able to afford school requirements and expenses, irregularity in school attendance, not being able to continue extra tuition, studies being neglected, absence during examinations and dropping out.
- Family disintegration: The incarceration of the parents can result in loosening of the family bonds. Older children tend grow in aggression, run away and step into delinquency. In the case of the mothers’ imprisonment, the father may not assume his responsibilities and may be addicted to alcohol, drugs, gambling and anti social activities that would hamper the normal development of the children. The concept of family may never be understood or realized by such children.
- Prison Visits: The geographical distance, transportation and financial difficulties limit the visits to the prison by the family. Family members have to face indignity and frustration during prison visits. The lack of a child friendly environment, the intrusive searches, rude behaviour of the prison officials and crowded visiting rooms make the children confused. Often the visiting rooms are dirty, lack proper seating, water and toilets. And hence the visit could be disturbing and a bit gruesome for these them.
Children of Prisoners and Child Rights:
The UN Convention on the Rights of the Child 1989, emphasizes the need to protect children from any discrimination and violation of their rights, based on the status of parents. It gives primary consideration to the best interests of the child (Bajpai, 2007). The UNCRC is contained in 54 Articles, which provide four sets of rights to every child, namely: Survival, Protection, Participation, & Development. The CRC has formulated the following four principles (Ministry of HRD, 1997):
- Non-discrimination (Article 2): No child should suffer discrimination. All children should have equal opportunity – Children of the prisoners have equal rights like all other children. In no way should their rights be affected because of the status of the parents and /or any decision regarding the parents. This is absolutely relevant in the context of children of prisoners.
- Best interests of the child (Article 3): Must consider the best interests of the children when the decision taken would affect them – In all criminal justice proceedings, the best interest of the child should be considered.
- The right to life, survival and development (Article. 6): Not only physical health but also mental, emotional, cognitive, social and cultural development.
- The views of the child (Article 12): Children have the right to be heard and to have their views taken seriously, including judicial and administrative proceedings affecting them – the children should be actively involved in every decision about the parent that would affect them.
The four groups of rights enshrined in the UNCRC are the following:
- The Right to Survival includes right to life, the highest attainable standard of health and nutrition and an adequate standard of living – the State has not only to protect, but also provide adequate resources for the survival and development of the child.
- The Right to Protection includes freedom from all forms of exploitation, abuse, inhuman or degrading treatment and neglect, including the right to special protection in situations of emergency and armed conflicts.
- The Right to Development includes the right to education, support for early childhood development and care, social security, and the right to leisure, recreation, and cultural activities – the child should grow in a protective, supportive and caring environment that promotes their full potential. IV. The Right to Participation includes respect for the views of the child, freedom of expression, access to appropriate information, and freedom of thought, conscience and religion.
According to Robertson, children in the USA created a "Bill of Rights for Children of Incarcerated Parents." The rights contained therein are disclosed here. To the right
- To be kept safe and informed at the time of my parent’s arrest;
- To be heard when decisions are made about me; 3
- To be considered when decisions are made about my parent; 4
- To be well-cared for in my parent’s absence;
- To speak with, see and touch my parent;
- To support as I face my parent’s incarceration;
- Not to be judged, blamed or labelled because my parent is incarcerated;
- To a lifelong relationship with my parent.
In an effort to ensure that every child has a childhood, the National Initiative for Child Protection (NICP) was established by the Childline India Foundation (CIF) and the National Institute of Public Cooperation & Child Development (NIPCID). These are
- Article 14: Equality before the law – the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.
- Article 15 (I): Prohibits the State from discriminating against any citizen of India on grounds of religion, race, caste, sex, place of birth.
- Article 15 (3): Special provisions may be made by the State for women and children.
- Article 21: Provides that no person shall be deprived of his life or personal liberty.
- Article 39 (C): Directs States that, the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
- Article 45: Instructs the State to provide early childhood care and education for all children until the age of 14.
- Article 47: Directs the States to raise the level of nutrition and standard of living of people, and improvement of public health as a primary duty
In accordance with the Indian Constitution's stipulations, the National Policy for Children was created, and it addresses
- The provision of adequate services for children both before and after birth, and during the growing stages, for their full physical, mental and social development.
- Comprehensive health programme and supplementary nutrition for mothers and children.
- Promotion of physical education and recreational activities.
- Special consideration for children of weaker sections and the prevention of child exploitation.
Supreme Court Directives, 2006
In its ruling from April 13, 2006 (published as R D Upadhyaya against State of AP, 2006 in Bajpai, 2007), the Supreme Court gave instructions to guarantee that a set of minimal requirements are met with regard to the kids of women prisoners:
- A child shall not be treated as an under trial / convict while in jail with his / her mother.
- Ensure basic minimum facilities during prenatal and post natal care of mother and child.
- Women prisoners be permitted to keep their children with them until they reach the age of six.
- Children of the women prisoners are entitled to food, shelter, medical care, clothing, education and recreational facilities as a matter of right.
Intervention by the courts and the government: Recommendations made by various committees, including the Justice Krishna Iyer Committee, the Tata Institute of Social Sciences (TISS), and the National Institute of Criminology and Forensic Sciences (NICFS), had a big impact on drawing attention to problems involving young women prisoners. The Honourable Supreme Court of India issued a directive for kids in jails as a result. The children abandoned by their moms or parents who are in prison were not included, though. In order to obtain the appropriate instructions for the State Governments for the protection and welfare of children of women inmates, the Indian Council of Legal Aid and Advice also filed a Public Interest Litigation (PIL) in the Supreme Court in 2002. Both the National Expert Committees on Women Prisoners, headed by Justice Krishna Iyer Committee, and the All India Committee on Jail Reforms (1980–1983, also known as the Justice Mullah Committee) noted in their respective observations that, with the exception of a few central jails, children of incarcerated women were cruelly housed in prisons. Unfortunately, because prisoners are frequently impoverished, ignorant, and helpless, and because it is widely believed that convicts deserve what they receive, prisoners are not a priority for any administration. The lives of the children of inmates are actually being hampered by a lack of political will.
In these situations, the child's rights and best interests are disregarded, and the criminal justice system fails to take into account these helpless and silent victims. The systems in charge of child welfare and education have likewise ignored them. Therefore, it is crucial to pay particular attention to these underprivileged kids and give them unrestricted access to resources and services.
Services for the children of prisoners
Even though they have been sporadic, the government and nonprofit organizations have attempted to address the problems faced by children of incarcerated parents.
Services for the children living with mothers in the prison:
The children of convicts in India do not receive full services, notwithstanding the legal provisions. Prison management in India is the province of the States because it is a state topic. For kids whose moms are in prison, certain Indian states offer the following amenities:
- Food and medical facilities.
- Educational (crèche and balwadi) and recreational facilities for the children in the prisons.
- Voluntary organizations are allowed to facilitate educational, recreational, sports and cultural activities for children living inside correctional homes.
Services for children of prisoners living outside:
There isn't a nationwide, standardized care plan or programs for prisoners' children who live outside of prison. The state-provided services are dispersed, and not all states offer them. The government offers a variety of standard services, including:
- Admission of prisoners’ children in Children’s homes under the Cottage Scheme.
- Individual sponsorship for the children of prisoners.
- Scholarship out of Prisoners’ Welfare Fund for the meritorious children of prisoners.
- Vocational training in computer programing/operating, cooking, corpse disposal and nursing. Health camp for prisoners’ children.
In India, there are numerous civil society organizations that work with convicts' children outside of jails to provide them with counseling, medical care, shelter, education, and career training. The Union Ministry of Women & Child Development's Integrated Child Protection Scheme (ICPS), which was implemented in 2009, included provisions for "General grant-in-aid for need based/innovative interventions" to support need-based/innovative intervention programs for children of inmates, children of sex workers, etc.
Social Work Intervention:
The social work organizations have a stronger need to address the need for comprehensive services for these children since they are aware of the challenging circumstances that the children of prisoners are compelled to face and the patchwork assistance that are currently offered. Here is a list of some of the services that social work agencies might offer:
Intervention with children living with parents in the prison:
- Liaising with concerned authorities and arranging adequate services to the children such as health care, diet, hygiene and developmental activities Support the prison officials in preparing the mother, children and their relatives for the handing over of the children who have completed the age of six to the care of relatives or children’s home/ institutions. The social workers can make required enquiries, home visits, institutional visits, produce such children before Child Welfare Committee and make follow up visits.
- Support the mothers by providing information on health, hygiene, parental skills and other significant issues regarding child care.
- Non-formal education for children with mothers in prisons.
- Crèche and Balwadi for the children with mothers in prisons.
Intervention with children living outside when their parents are imprisoned
- Inform and explain to the children, the legal status of the parent’s case and provide legal guidance if necessary.
- Provide moral and emotional support; organize shelter, food, medical care and counselling, educational and developmental support.
- Organise meeting between the children and parents and assist in maintaining regular contact between them.
- Motivate relatives to take temporary care of the children or refer children to children’s homes pending the parent’s release from prison. There are agencies providing foster care and sponsorship facilities. Social workers can help in getting these services for such children who are living with relatives or neighbours/friends.
- Create Support Groups for the children of the prisoners.
- Vocational training, health care and legal aid for the children of prisoners.
- Advocacy to bring about structural and policy changes.
- Provide a platform for voicing children’s concerns.
- Run field action projects to reach out to the children of prisoners.
Conclusion:
Children of convicts who have not broken any laws are subject to varying degrees of punishment. They belong to the most vulnerable but underserved group of kids. They are victims of the criminal justice system in a variety of ways, but neither policymakers nor social service providers or social workers have taken notice of them. These kids can be reached via a number of national flagship programs, including the Sarva Shiksha Abhiyan and the Integrated Child Development Scheme. These kids must have their rights upheld because they are also Indian citizens. It is not acceptable to deny kids access to resources for their development and safety because their parents have broken the law. Therefore, affirmative action must be taken on behalf of these vulnerable children, and the state must assume responsibility for ensuring that their rights, dignity, and basic needs are met. By doing so, a sense of justice will be established towards these children, and this will help to further their welfare and other developmental needs. Children of prisoners suffer from a double disadvantage since they lack parental care and support and are stigmatized in society, whether they are inside the prison with their moms or outside. Children of prisoners who are subjected to social exclusion and neglect face a variety of problems, including a lack of parental affection, abuse by family members and the community, neglect, school dropout, financial hardship, an inability to comprehend the legal system, mental trauma related to the parent's arrest and imprisonment, and emotional difficulties.
The Indian constitution and the United Nations convention on the rights of the child provide the legal foundation for the responsibilities of the state and civil society groups to defend and protect the fundamental rights of children without any form of discrimination. The issue of children of prisoners is exacerbated in India due to the country's high jail population, necessitating a coordinated effort and all-encompassing strategy to meet their requirements. The current services offered by the government and civil society organizations to the vulnerable children of inmates are fragmented and fall short of fully addressing their physical, emotional, and mental requirements. The current article examines the difficulties faced by children of inmates in great depth and makes some recommendations for actions that can close the current gaps in service accessibility and availability.
References
- Adenwala, M, (n.d.), Child Rights and Law: International Statues, Vol. I, India Centre for Human Rights and Law, Mumbai
- Bajpai, A, (2007), Child Rights in India: Law Policy, and Practice, Oxford University Press, New Delhi.
- Desai, M, (2001), Child Protection: Current Status and recommendations of strategies for the India Country programme, TISS, Mumbai.
- Kaushik, A & Sharma G (2013), Hand of Justice: Never seen by Children of Mothers in Prison. http://www.pvchr.net/2013/04/hand-of-justice-never-seen-by-children.html accessed on 12.8.2013)
- Ministry of HRD , (1997), Convention on the Rights of the Child, New Delhi.
- Matthews, J. (1983). Forgotten Victims. London: NACRO
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