Venue: Office of the D.G.- Prisons &

Correc�onal Administra�on, Ahmedabad

“Issues faced by Children of Women Prisoners”

State Level Workshop

“Issues faced by Children of Women Prisoners”

Organized by :

Department of Prisons & Correc�onal Administra�on, Gujarat

&

Prayas, a Field Ac�on Project of Tata Ins�tute of Social Sciences

ndDate : 22 February, 2018

Report of the

E-mail : prayas_1990@rediffmail.com; prayas.rnd@gmail.com

Edited by :Vijay Raghavan

Compiled by :Vijay Raghavan

Krupa Shah

1. Acknowledgments 1

2. Introduction 7

3. Inaugural Session 9

4. Session on “Various Judicial orders passed 12

regarding Children of Women in custody”

5. Session on “Issues faced by Children of Imprisoned 18

Mothers and the need of a balwadi in Prison”

6. Session on “Issues faced by children inside prison” 20

7. Session on “Intervention of Prayas in initiating

ICDS anganwadis in the prisons of Maharashtra” 22

8. Session on “Extension of facilities of Anganwadis in the prisons of Gujarat” 24

9. Session on “Issues of Children of Imprisoned Mothers living outside” 25

10. Session on “Provisions of Juvenile Justice Act, 2015 with 30

regard to Children of Prisoners”

11. Session on “Role of the various stakeholders with regard 31

to Children of Prisoners”

12. Discussions and Way Forward 33

13. Vote of Thanks 35

Contents

Sr. No. Particulars Page No.

1

Acknowledgments

Ø Prison Department

Ø Dr. T.S. Bisht(IPS), DGP (Prisons & Correctional Administration), Gujarat State

Ø Shri J.R. Mothaliya, IGP (Prisons & Correctional Administration), Gujarat State

Ø Gujarat State Legal Services Authority

Ø Shri H.S. Mulia, Principal District & Sessions Judge, &

Member Secretary, Gujarat State Legal Services Authority, Ahmedabad

Ø Shri K.A. Prajapati, Member Secretary, District Level Services Authority, Ahmedabad

Ø Department of Samaj Suraksha

Ø Shri P.B. Thakar (IAS), Director, Samaj Suraksha Department, Gandhinagar

· Integrated Child Protection Scheme (ICPS)

Ø Shri Indrasinh Chauhan, Programme Manager, ICPS, Gandhinagar

Ø Integrated Child Development Scheme (ICDS)

Ø Smt. Manisha Chandra (IAS), Director (ICDS - DWCD), Gandhinagar

2

Resource Persons:

Government Departments:

1. Ms Jigisha Pathak, State Programme Officer, ICDS, DWCD, Gandhinagar

2. Shri H.R. Chaudhary (IPS), Superintendent, Lajpor Central Prison, Surat

3. Shri Dilipbhai Mer, District Child Protection Officer, Ahmedabad

Prayas:

1. Dr. Vijay Raghavan, Project Director, Prayas

2. Ms. Pradyna Shinde, Asst. Director, Prayas

3. Ms. Krupa Shah, Field Coordinator, Prayas

4. Ms. Devayani Tumma, Sr. Social Worker, Prayas

5. Ms. Surekha Sale, Sr. Social Worker, Prayas

6. Ms. Vaishali Jaiswal, Unit Coordinator, Prayas

7. Ms. Meenal Kolhatkar, Social Worker, Prayas

8. Ms. Priyanka Kamble, Social Worker, Prayas

9. Ms. Megha Thakkar, Social Worker, Prayas

3

District Legal Services Authority

Shri K.A. Prajapati, Member Secretary, District Level Services Authority, Ahmedabad

Prison Department :

1. Shri J.R. Mothaliya, IGP, Department of Prison & Correctional Administration,

Gujarat State

2. Shri. H.R. Chaudhary, Superintendent, Lajpor Central Prison, Surat

3. Shri V.R. Patel, Superintendent, Vadodara Central Prison, Vadodara

4. Shri J.S. Sonar, Incharge Superintendent, Rajkot Central Prison, Rajkot

5. Shri V.H. Dindor, Superintendent, Ahmedabad Central Prison, Ahmedabad

6. Shri P.J. Panchal, Welfare Officer, Ahmedabad Central Prison, Ahmedabad

7. Shri M.A. Rathod, Welfare Officer, Vadodara Central Prison, Vadodara

8. Shri Ashish K. Chaudhary, Incharge, Welfare & Probation Officer,

Lajpor Central Prison, Surat

9. Shri P. Milankumar, Welfare Officer, Rajkot Central Prison, Rajkot

Samaj Suraksha Department :

1. Shri N.K. Parmar, Dy. Director, Department of Samaj Suraksha, Gandhinagar

2. Ms. Priyanka F. Khoja, District Samaj Suraksha Officer, Bharuch

3. Shri Mayank Trivedi, District Samaj Suraksha Officer, Vadodara

4. Shri M.A. Kapadia, District Samaj Suraksha Officer, Ahmedabad

Participants:

4

5. Shri. Kanaksinh B. Zala, District Samaj Suraksha Officer, Rajkot

6. Shri M.N. Goswami, Chief Probation Officer, Rajkot city

Department of Integrated Child Protection Scheme :

1. Shri Indrasinh Chauhan, Programme Manager, ICPS, Gandhinagar

2. Shri J.M. Thakor, District Child Protection Unit, Surat

3. Shri Bhavansinh R. Makwana, District Child Protection Unit, Bharuch

4. Shri Amit Vasava, District Child Protection Unit, Vadodara

5. Shri Divyakantbhai Parmar, District Child Protection Unit, Ahmedabad

6. Shri Dilipbhai Mer, District Child Protection Unit, Odhav, Ahmedabad

7. Shri Pakkraj Jadeja, District Child Protection Unit, Rajkot city

8. Ms. Prarthanaben Sersiya, District Child Protection Unit, Rajkot city

9. Ms. Mitsuben J. Vyas, District Child Protection Unit. Rajkot city

10. Shri Alpeshbhai Goswami, District Child Protection Unit, Rajkot city

Members of Child Welfare Committee :

1. Dr. Jagdishbhai Patel, Chairperson, Child Welfare Committee, Surat

2. Shri Dhimant Bhatt, Chairperson, Child Welfare Committee, Vadodara

3. Shri Madhukanta V. Barot, Legal Advisor, Child Welfare Committee, Ahmedabad

4. Shri Dipakbhai H. Pipadiya, Chairperson, Child Welfare Committee, Rajkot city

5. Shri Bhaveshbhai Patel, Chairperson, Child Welfare Committee, Ahmedabad

6. Shri Rajnikant H. Brambhatt, Member, Child Welfare Committee, Ahmedabad

7. Ms. Sarlaben B. Solanki, Member, Child Welfare Committee, Ahmedabad

8. Shri Vinabhai H. Sinhar, Member, Child Welfare Committee, Rajkot city

9. Ms. Rupalben Dhorda, Member, Child Welfare Committee, Rajkot city

10. Ms. Ranjanben Jethwa, Member, Child Welfare Committee, Rajkot city

11. Shri Narendrabhai J. Vasava, Child Welfare Committee, Assistant Data Operator, Bharuch

12. Shri Narendra Patel, Member , Child Welfare Committee, Ahmedabad

Police Department :

1. Ms. Tejal Patel, Asst. Police Commissioner, Special Branch, Vadodara city

2. Shri G.S. Sarvaiya, Asst. Police Commissioner, Special Branch, Rajkot city

3. Shri Ramanbhai Nanguli, Police Inspector, Bharuch

4. Shri M.A. Singh, Police Inspector, Ahmedabad City Police Station, Ahmedabad

5. Shri M.A. Sinha, Police Inspector, Mahila Crime Branch, Ahmedabad

6. Shri A.K. Chauhan, Police Inspector, Jahangirpura Police Station, Surat

7. Shri B. M. Jadeja, Police Inspector, Rajkot city

8. Shri Vijay J. Mali, Police Constable, Mahila Crime Branch, Ahmedabad

Department of Integrated Child Development Scheme :

1. Ms. Jigisha V. Pathak, State Programme Officer, Gandhinagar

2. Ms. Dhangauriben N. Chaudhari, Supervisor, CDPO, ICDS, Surat

3. Ms. Meenaben C. Chaudhari, Supervisor, ICDS, Surat

4. Ms. Damyantiben K. Ghayal, Incharge, CDPO, Bharuch

5. Ms. Roshnaben I. Rayli, Supervisor, CDPO, Bharuch

6. Ms. Seemaben, Health Officer, ICDS, Vadodara

7. Ms. Asha S. Jadeja, Supervisor, ICDS, Vadodara

8. Ms. Rasmikaben Modi, CDPO – Ghatak 2, Ahmedabad

9. Shri P.R. Thakar, CDPO, Vadodara

10. Ms. S. Aanyaben, Programme Officer, ICDS

11. Shri Truptiben Kamaliya, CDPO, Rajkot

12. Ms. Rashmika Modi, CDPO, Ahmedabad

13. Ms. I. Roshan, CDPO, Ahmedabad

14. Ms. Damyantiben K. Ghayas, CDPO, Bharuch

5

Financial Support :

1. Azim Premji Philanthropic Initiatives(APPI)

2. Navajbai Ratan Tata Trust(NRTT)

Venue :

Office of the Inspector General of Police, Prisons & Correctional Administration Department,

Gujarat State, Jail Bhavan, Nr. Subhash Bridge Circle, Ahmedabad.

6

Organising Team :

1. Shri R.P. Rana, Administrative Officer, IG office , Ahmedabad

2. Shri Bhisamsingh Rajput, Head Clerk, IG office , Ahmedabad

3. Ms. Krupa Shah, Field Co-ordinator, Prayas - Bharuch

4. Ms. Surekha Sale, Sr. Social Worker, Prayas - Mumbai

5. Ms. Vaishali Jaiswal, Unit Co-ordinator, Prayas - Bharuch

Report-Writing Team :

1. Dr. Vijay Raghavan

2. Ms. Krupa Shah

3. Ms. Surekha Sale

4. Ms. Kalpana Ranadive

5. Ms. Vaishali Jaiswal

Support Team :

1. Ms. Pradnya Shinde

2. Shri Vitthalbhai Solanki

3. Ms. Kalpana Sandip Randive

4. Ms. Neeta Gajjar

5. Shri Anil Vasava

6. Ms. Divya Solanki

7. Ms. Meenal Kolhatkar

8. Ms. Priyanka Kamble

9. Ms. Megha Thakkar

10. Shri Ashish Barot

11. Shri Kamleshbhai Parmar ( I.G. office, Ahmedabad)

12. Shri Sunilbhai Gamit ( I.G. office, Ahmedabad)

Administrative Support :

1. Shri Mahesh Ghosalkar, Co-ordinator, Administration Unit, Prayas

2. Ms. Neeta Gajjar, Sr. Social Worker, Bharuch Unit, Prayas

3. Ms. Divya Solanki, Administrative Worker, Bharuch Unit, Prayas

4. Shri Rajesh Gajbiye, Administrative Worker, Prayas

Project DirectorDr. Vijay Raghavan

Project AdvisorDr. Sanobar Sahani

7

Introduction

Prayas has been working in Bharuch District, Gujarat, since more than 20 years. Over the years, while

intervening with women prisoners, we have realized that to reach out to women prisoners and to work

towards their rehabilitation, there is need to do extensive work with their children. While we started

working with the children of prisoners (those living inside prison with their mothers and those living

outside either on their own, or with their father/relatives or living in institutions), we observed and

experienced that to work effectively with the children, it is essential to identify their needs and

problems and help out accordingly. Thus, while attending to the needs of these children and helping

them to resolve their problems, it was perceived that there is a need to work and coordinate with the

various stakeholders/government departments such as the police, judiciary, prison, Department of

Women & Child Development (DWCD), Child Welfare Committee (CWC), District Child Protection

Unit (DCPU), Department of Samaj Suraksha, etc.

Most of the stakeholders/government departments who were approached by us with regard to the

problems of these children were willing to extend their services to this group of children. In the process,

we realized that there is lot of ambiguity in their roles. The departments neither had any clarity about

their own roles and responsibilities nor of the roles and responsibilities of the other departments. There

was also lack of coordination within the different government departments also.

Thus, we felt the need to get all stakeholders on a common platform for discussion on the issues of

children of prisoners and decided to organize a one day state level workshop. This was discussed with

DG Prisons and Correctional Administration, Gujarat, who readily agreed to coordinate with Prayas in

organizing the state level workshop.

8

Objectives of the Workshop were :

1. To raise issues faced by children of women prisoners in an inter-departmental forum.

2. To disseminate information about initiatives taken by Prayas in Maharashtra and at the

central level for policy level changes in context to Children of Prisoners.

3. To encourage government departments to take on a pro-active role for the welfare and

rights of Children of Prisoners.

4. To discuss mechanisms for the implementation of the Supreme Court directions on

children of prisoners.

The invitations to the various stakeholders i.e police, judiciary, the Integrated Child Protection Unit and

Integrated Child Development officers of the Department of Women & Child Development, Samaj

9

Inaugural Session

Welcome Address & Introduction to the Workshop :

Dr. Vijay Raghavan, Director, Prayas

10

The Workshop commenced with an introduction to the workshop by Dr. Vijay Raghavan, Director,

Prayas and Professor, Centre for Criminology & Justice, School of Social Work & Dean, Social

Protection Office, Tata Institute of Social Sciences, Mumbai. Dr. Raghavan warmly welcomed the

participants and thanked the Prison Department of Gujarat for collaborating with Prayas in organizing

the one day workshop. He then briefed the participants and the resource persons about the

background and objectives behind organizing the workshop. Prayas has been working on the issue of

children of prisoners since 1991. Prayas started a balwadi for children inside prison with women

prisoners at Mumbai Central Prison in 1991, in collaboration with the Child Guidance Clinic of the Tata

Institute of Social Sciences. The balwadi shifted to Byculla District Prison in 2002, when the Women's

Section was shifted from Mumbai Central Prison to Byculla District Prison.

Subsequently, it started a balwadi for children in the Women's Section at Kalyan District Prison in 2000. Prayas handed over the two balwadis to Pratham, an NGO working on education. Prayas also started working with children of women prisoners left outside, as early as1992. The issues faced by children left outside such as neglect, lack of care and protection, dropping out from the education process, emotional and psychological stress, exploitation by relatives, and vulnerability to physical/sexual abuse became clear to Prayas as work with this group progressed. Based on these experiences, Prayas embarked on a study on the situation of children of prisoners left outside in 1996 and published the study entitled, "Forced Separation: Children of Imprisoned Mothers" in 2000. The findings and suggestions from the study were submitted as evidence to the Supreme Court in the R.D. Upadhyay Vs. State of A.P. & Others in 2003. These suggestions have been partly included in the final orders of the Hon'ble Supreme Court, which came out in 2006. It is in this background that this one-day workshop was planned in collaboration with the Gujarat Prisons Department.

The main objective of the Workshop was to initiate a process of dialogue and debate on issues of Children of Women Prisoners with the Prison Department, Department of Samaj Suraksha, and Officers of the Integrated Child Protection Scheme, Department of Women & Child Development, State Legal Services Authority, Police and the members of Child Welfare Committees.

Objectives of the Workshop:

1. To raise issues faced by children of women prisoners in an inter-departmental forum.

2. To disseminate information about initiatives taken by Prayas in Maharashtra and at the

central level for policy level changes in context to Children of Prisoners.

3. To encourage concerned government departments to take on a pro-active role for the

welfare and rights of Children of Prisoners.

4. To discuss mechanisms for the implementation of the Hon. Supreme Court for Children of

Prisoners.

Dr. Raghavan suggested that through this forum, we will be able to create a platform for discussing the issues faced by children of prisoners. He requested the DGP to take an initiative and form a committee with the representatives of different departments concerning welfare of children and Prayas. The committee would discuss issues, faced by the children, and may come up with recommendations, which can pave a way for issuing government orders and circulars. The recommendations could also be sent to state government for necessary policy changes.

Dr. Raghavan ended his presentation by once again thanking the Gujarat Prison Department, and all the participants and resource persons for sparing their valuable time by being a part of this consultation process.

11

Welcome Speech by Dr. T.S. Bisht, IPS, DGP, (Prisons & Correctional Administration)

Dr. Bisht welcomed all the participants and congratulated the prisons department and Prayas – a FAP

of Tata Institute of Social Sciences for organizing workshop on such a sensitive issue.

He mentioned with great sensitivity that it is the duty of the prison department to work towards the

rehabilitation of women prisoners, their families and their children. He also added that prisoners

should be supported for skill development and enhancing education while they are in prison. Dr. Bisht

described in detail about the initiatives taken by the prison department for upgradation of prisons. He

also said that if NGOs and government departments work together for the vulnerable groups, it would

be of great benefit to the prisoners. He suggested that active participation in the workshop would be an

important learning experience for all. He also mentioned that the issues raised in the workshop could

be carried forward for further detailed discussions, or if possible forming of a committee to further

discuss the issues in detail and working for possible solutions.

12

Session on “Judicial orders passed regarding Children of Women in Custody”Resource Person: Dr. Vijay Raghavan, Director, Prayas & Professor,

Centre for Criminology & Justice, TISS, Mumbai

Dr. Raghavan presented in great detail about the Supreme Court judgment of R. D. Upadhyay Vs.

State of Andhra Pradesh & Others, 2006.

During this case, Prayas had put forward some suggestions, which were accepted by the Supreme

Court and they were mentioned in the guidelines of the judgment by the Hon. Supreme Court:

Guidelines mentioned in the Judgment :

A child shall not be treated as an under trial/convict while in jail with her/his mother. Such a child is

entitled to food, shelter, medical care, clothing, education and recreational facilities as a matter of right.

a) Separate utensils of suitable size and material should also be provided to each mother

prisoner for using to feed her child.

b) A permanent arrangement needs to be evolved in all jails, to provide separate food with

ingredients to take care of the nutritional needs of children who reside in them on a regular

basis.

c) Clean drinking water must be provided to the children. This water must be periodically

checked.

d) Children shall be regularly examined by the Lady Medical Officer to monitor their physical

growth and shall also receive timely vaccination.

e) When a female prisoner dies and leaves behind a child, the Superintendent shall inform the

District Magistrate concerned and he shall arrange for the proper care of the child.

13

f) Children kept under the protective custody in a home of the Department of Social Welfare

shall be allowed to meet the mother at least once a week.

g) Education and recreation for children of female prisoners.

h) There shall be a crèche and a nursery attached to the prison for women where the children

of women prisoners will be looked after. The prison authority shall preferably run the said

crèche and nursery outside the prison premises.

i) Female prisoners shall be allowed to keep their children them in jail till they attain the age of

six years.

j) Child birth in Prison, when they occur, shall be registered in the local birth registration office.

But the fact that the child has been born in the prison shall be not recorded in the certificate

of birth that is issued. Only the address of the locality shall be mentioned.

k) As far as circumstance permit, all facilities for the naming rights of children born in prison

shall be extended.

l) Sleeping facilities that are provided to the mother and the child should be adequate, clean

and hygienic.

m) Balwadi or Aanganwadi for this children start in prison premises but out of the prison.

Dr. Raghavan then presented the highlights of the Bombay High Court orders (Suo Moto PIL

107/2014) passed in October, 2017. This was a Suo Moto PIL filed by the Bombay High Court on the

children of women prisoners left outside (living with family, or in institutions). Prayas was appointed as

Amicus Curaie in the PIL. Prayas presented various suggestions to address the situation of women

prisoners and their children left outside through this PIL, and many of the suggestions were included in

the final orders passed by the Hon'ble High Court.

The orders passed by the Hon'ble High Court :

a) The DWCD should recognize one NGO is each district to work with women prisoners and

children of prisoners.

b) The DWCD shall appoint one full time Probation Officer in all central and district prisons

where there are women prisoners.

c) Installation of refrigerators in women sections of the prisons for milk and medicines of

children who are staying in prison with their mothers.

d) Women prisoners should transferred to the district where their children are living, at least

once in three months, so that they can meet their children.

e) Wherever, an under trial woman is being transferred from police to judicial custody, the

police should specify details about the location and address of her children's residence or

the name and address of institution where they are admitted. These details should be

entered in the station diary and charge-sheet. The State may issue suitable Government

Resolutions (GRs) in consonance with this direction.

f) At the time of arrest of a parent who is accused in the murder of his/her spouse, and if a child

is witness to the murder, the police should inform a DLSA lawyer or Probation Officer to

remain present during questioning of the child. The DGP, Maharashtra, to issue suitable

orders to the police and State to take appropriate steps to introduce this provision in the

Police Manual.

14

g) The government may consider increasing the budgetary allocation of Grant-in-Aid scheme

for released prisoners from 12 lakhs per annum to at least Rs.2 crores per annum. Also, the

government may consider increasing the grant amount under the Bal Sangopan Yojana (of

the DWCD) from the current Rs.425/- per child per month, to Rs.1,000/- per child per month.

Highlights of the discussions, after Dr. Raghavan's presentation:

1. The Programme Manager, ICPS, talked about a Sponsorship Scheme and Palak Mata Pita

Scheme of the Gujarat Government. Under the sponsorship scheme, Rs. 2000/- is

provided to the family of the child who has stayed in a Government Shelter Home for at least

6 months. Under the foster care scheme, Rs. 3000/- is provided to the relatives taking care

of the child in absence of the parents.

2. Dy. Director, Samaj Suraksha highlighted the need to appoint Welfare Officers in each

district to look into the welfare issues of prisoners.

3. The needs of children of under trial prisoners, living outside were highlighted i.e. mulakat

with imprisoned mothers, support in continuing education, safe shelter and health,

nutritional, educational and recreational needs of children staying inside prison with their

imprisoned mothers.

4. Discussions on lack of clarity in the role of government officers from ICPS and Samaj

Suraksha Department was discussed and it was felt that there needs to be clarification on

whose role is it to support the child for education, for shelter and for taking the

institutionalized children to the prison for mulakat with their incarcerated mothers.

5. Importance of coordination between different departments was suggested. It was

discussed that it is very important that CWC, DCPU, Samaj Suraksha and Prison

department coordinate with each other while providing services for children living outside. It

is also important to see each case as different because socio- psycho- economic

situation/condition differs case by case. It is also important to take views of the mother while

preparing the rehabilitation plan for the child.

6. After the child attains 6 years of age in the prison, whose responsibility will it be to transfer

the child to the family or shelter home. In this regard, the role of the prison department,

CWC, Samaj Suraksha was discussed.

7. Need for recognition of one NGO in each district to support and work with children of

prisoners.

8. With regard to the educational needs of children of prisoners living outside, whose role is it

to support the child to continue education while he is in the family, or living with caretakers or

in the institutions? Is there any specific government scheme which can be of benefit for the

children, and is there any need for change in the scheme? For e,g. under a scheme a child

has to stay minimum six months in an institution. Only after this minimum stay period in the

institution, the financial aid is given. In some cases, the care takers are not ready to

institutionalize the child.

9. Appointment of women Probation Officers in central and district prisons where population

of women prisoners is more.

Suggestions given by Dr. Raghavan :

1. Need for Probation Officer/Welfare Officer to visit prison once a week.

2. Coordinating with prisoners so that their children can be given benefits of the government

schemes.

15

3. Need for creating permanent positions of Welfare Officers for each prison.

4. A need for circular from police department on role and responsibility of police when women

arrested/sent to police custody/sent to judicial custody has minor children accompanying

her or at home.

5. A committee could be formed of representatives from prison department, ICPS

department, Samaj Suraksha department, ICDS Department, State Legal Services

Authority and Prayas to follow up issues related to Children of Prisoners.

Suggestions given by Dr. T.S.Bisht, DGP :

1. Welfare Officers are appointed, but either they have many other duties too, so they cannot

work only for welfare of prisoners. There is need for full-time permanent positions of

Welfare Officers in each district.

2. He also talked about the need for forming a committee to discuss issues of children of

prisoners and to come up with suggestions and recommendations.

3. Need for coordination between different government departments.

Suggestions given by Shri Prajapati, Secretary, DLSA, Ahmedabad

1. Need to recognize one NGO in each district as service provider for children of prisoners.

2. Need of coordination between different government departments for effective

implementation of government schemes for children.

Other suggestions and issues which emerged during the discussion are:

1. There are schemes of the government which can be utilized for the children of prisoners,

but it is very important to identify and understand the needs of this group.

2. Welfare Officers are overworked, so some Welfare Officers could be assigned only

responsibilities of work in prison 3. Role of Welfare Officers could be extended for under trial prisoners also.

16

Issues faced by children of imprisoned mothers living in prison: Role of PrisonResource Person: Shri H.R Chaudhary, IPS, Prison Superintendent, Surat Central Prison

Shri H. R. Chaudhary presented about provisions of Prison Manual for welfare of children and services which could be extended to them within the prison.

17

18

Issues faced by Children of Imprisoned Mothers: Need for Anganwadi within Prison

Resource Person: Ms. Pradyna Shinde, Asst. Director, Prayas

Pradyna Shinde presented in detail about the initial phase of Prayas work with children in Mumbai

Central Prison. She presented the process, of how Prayas gained understanding on the issues of

Children of Prisoners and how Prayas initiated work with the children. She explained in details about

issues faced by children in prison, about mothers living in stress as a result of lack of knowledge, about

condition of children living outside. She mentioned that Prayas realized that emotional problems and

behavioral problems of women inmates were result of their stress over the issues of their children.

Prayas realized that if it had to reach out to women, it can reach out to them by addressing issues of

their children.

As a result, Prayas workers started intervening in cases of women and their children. Legal aid, legal

guidance, support in writing legal applications, follow-up in court with advocates, magistrates, home

visits, providing support to family and children were primary services offered by Prayas workers to

women. Thus, with the passage of time, Prayas realized that children in prison face lot of problems,

and to address some of them, a balwadi was started in prison for children of women prisoners. We

started observing results after starting balwadi as a result of which Prayas decided to move forward to

work with the government on the issue of initiating balwadi in prison.

The Balwadi in prison is to cater to the needs of children, who remain in prison with their mothers.

Staying in prison for no fault of their own is deprivation of their childhood rights. The world of children

within prison is marked by huge walls and barracks. It is as if they are paying the price for their parents'

situation. On the other hand, it is the right of the child to stay with the mother during his formative years.

Thus, the Balwadi inside the prison makes an attempt to inculcate the concept of a home, and the

outside world in the minds of these children.

19

Experience of Prayas and balwadi in the prison:

Generally, the children between ages 1-6 years attend the balwadi. The teacher conducts informal

classes for them. It is very difficult to bring the children to the balwadi. The children come with their

mothers in the prison. Most of these children may not have been attending any balwadi outside

because their mothers may not have taken such efforts or they were too young when they were

outside. But when they come into the prison, they could be motivated to attend the balwadi and slowly

get into the habit of attending the classes.

Before admitting a child in the balwadi, detailed information about the balwadi programme can be

given to the mother. The children who come inside the prison miss many things like home food,

outdoor games and the affection of their family members. They also miss their community from which

they learn many things. It is observed that due to the prison environment, children have problems in

their physical and mental development. They do not whole-heartedly participate in the crèche

activities or they do not always show interest in playing, preferring to sometimes sit alone in a corner.

In the balwadi, the children can develop a bond with the teacher and slowly get involved in the

activities. Gradually, the routine of going to the balwadi and attending the classes gets developed. In

the balwadi, the children can be helped to adjust to the prison environment, learn language skills, and

develop a sense of discipline, personal hygiene and etiquette.

There are children of different age groups coming to the balwadi. According to their age, tasks could

be assigned to them and records could be maintained about the child's progress. Children between 1-

3 years can play with plastic toys. The teacher can make use of pictures, songs and toys while

teaching in the class and impart general knowledge. Such activities help in developing and

channelizing their minds.

The children above 3 years can be taught activities like introduction of numbers and alphabets,

practicing numbers and alphabets, names of days, colors, fruits, vegetables, etc. The teacher can

prepare the children towards attending a regular school after their release from prison. Group singing,

storytelling, converting stories into games, and outdoor games can be conducted.

The children who are born in prison are not aware of the outside world. For such children, pictures and

films can be shown to help them get an understanding about the outside world. When these children

go with their mothers to court, they see many things and after coming back they normally tell the

teacher stories about their experience. The children usually discuss the differences between the

outside world and the life inside the prison. Thus, children can be motivated to sit together and talk and

develop a 'we feeling'.

Discussion can be held with women on issues significant to child care such as:

1. Importance of hygiene, health needs of the chi ld and parenting ski l ls.

2. Communication between mother and child

(e.g. language used while communicating with children).

3. Need to maintain cordial relations with other mothers and other women inmates.

The Balwadi teacher could thus make the mothers rethink about their lives through discussion about

the impact of their lives on their children. She can also give information to the mothers about the

progress of their children attending the Balwadi. The teacher can also organize mothers' group

meeting and literacy classes for mothers.

20

Issues faced by children inside prisonResource Person: Ms Megha Thakkar, Social Worker, Prayas - Bharuch

Ms. Megha Thakkar presented the issues faced by children living inside prisons with their mothers.

The law permits children upto the age of 6 years to be with their imprisoned mothers inside the prison.

Many a times, infants normally accompany their mothers to stay in the prison. But the prison

environment is not conducive to the normal growth and development of children. At times, pregnant

women are also admitted into the prison and thus children are born while their mothers are in prison.

Such children never get to experience a normal family life, sometimes till the age permitted to stay

inside.

Socialization patterns of these children get severely affected due to their stay in prison. Their only

image of male authority figures is that of police and prison officials. They are unaware of the concept of

a home, as we understand it. Boys may sometimes be found talking as females, having grown up only

among women confined in the Female Ward. Unusual sights like that of animals on the road are

frightening to them.

They live in an atmosphere which is marked by the use of inappropriate language, the occurrence of

frequent fights between the prison inmates, use of violence by prison staff and exposure to negative

influences of the prison environment.

Due to overcrowding in the prison, the children get transferred with their mothers from one prison to

another, thereby leading to an unsettling of their already unsettled lives, Such children sometimes

display violent and aggressive, or alternative, withdrawn behavior in prison. Thus, the children who

21

are inside the prison suffer from the ill effects of imprisonment as much or even more than the adults.

One can contemplate the effect that this may have on his/her future development.

To counter the effect of living in prison on children,

a. There is a need to start anganwadis in prison.

b. Placement of social worker in prison plays an important role. The social worker can identify

cases of children and try to arrange adequate services for them, such as regular health

care and vaccination, appropriate diet, adequate clothing, etc. by liaising with the prison

authorities. The ailing children could be either referred to the visiting doctor for treatment or

with the assistance of the prison authorities, sent to the nearest Civil Hospital outside.

c. Children completing the age of 6 years should be referred to the Superintendent for either

handing them over to relatives who are ready to take their responsibility or for admission

into an institution. The social worker can make the necessary inquiries through home visits

regarding relatives willing to take responsibility or through the prison authorities, produce

the child before the Child Welfare Committee to seek admission for the child into a children

home.

22

Intervention of Prayas in initiating ICDS anganwadis in prisons of MaharastraResource Person: Ms. Surekha Sale, Social Worker, Prayas

Ms. Surekha Sale presented about the role of Prayas in starting government run aanganwadis in

prisons of Maharashtra.

As stated earlier by the other speakers, taking into consideration the problems faced by the children of

prisoners residing with their imprisoned mothers inside prisons, Prayas initiated discussions with the

Department of Women and Child Development in Maharashtra and Gujarat, to connect aanganwadi

services with the prison department, whereby the children would be able to benefit from immunization,

supplementary diet, pre-school education, and recreation facilities, which they were excluded from.

A change in their environment, even if for a few hours, would have a positive impact on the behavior

and personality of these children who for no fault of theirs had to be in prisons and face the

consequences of the negative prison environment. Thus, Prayas raised the issue with the higher

prison authorities whereby the I.G. Prisons, Maharashtra, issued a circular in 2003-2005 to Byculla

and Kalyan District Prisons for construction of balwadis outside the prison premises. This suggestion

was part of our submissions made to the Supreme Court in the R.D. Upadhyay case about the needs

and problems faced by children of prisoners and were included in the final orders passed by the SC in

2006.

Prayas identified the Integrated Child Development Scheme (ICDS) as a potential scheme to be

applied within prisons and thus a preliminary note was prepared for the ICDS Commissioner,

23

Maharashtra. In 2011, the Prison Department issued a circular to all superintendents of prisons to

approach the officials from the Department of Women & Child Development (DWCD) at the district

level to start anganwadis in their respective prisons for children of women prisoners. Some

superintendents approached the Child Development Project Officers requesting them to start

anganwadis under the ICDS in their prisons.

In 2012, in a meeting with prison superintendents and NGOs organised by the Addl. DG and IG

(Prisons), Prayas raised the issue of setting up anganwadis for children of prisoners under the ICDS

project. Prayas also continued correspondence with the Home Department and Department of

Women & Child Development (DWCD) to push for the issue. The DWCD extended the ICDS for

children living in prisons and set up an anganwadis at Byculla Women's Prison and the Women's

Section of Yerawada Central Prison, Pune.

In 2013, in a meeting of the State Inter-Departmental Committee on Prisoners, Prayas again raised

the issue of setting up anganwadis under ICDS in all central prisons in the state. The proposal was

accepted in principle and assurance given that this would be implemented in a phased manner.

Presently, aanganwadis through the ICDS have been started in eight prisons across Maharashtra.

At the end, Ms. Surekha Sale suggested if Smt. Jigishaben Pathak, Programme Officer, ICDS, could

take up these issues with the government department which would be helpful for the Children of

Prisoners.

24

Extension of facilities of Anganwadis to PrisonsResource Person: Smt. Jigishaben Pathak, State Programme Officer, ICDS

Jigishaben Pathak,Programme Officer,

ICDS, gave detailed information about

the various schemes of Department of

Women & Child Development and in

particular the ICDS scheme.

She suggested that there is possibility of

incorporating the ICDS scheme with

reference to the prison situation such as:

1. Vaccination could be arranged for the children inside prison.

2. ICDS can provide training to the women inmates for preparing nutritious and hygienic food for

children and pregnant and lactating mothers inside the prison.

3. ICDS can create pre-school atmosphere inside the prison for the children which will be

beneficial for the mental growth and physical development of the children and also for the

development of their mothers.

4. Post of counselors should be created to counsel women.

5. She also suggested that educational kits could be provided for the children inside prison. And

educated women prisoners could be given training as anganwadi teachers.

1. Understanding of the woman's

psychology when she is in prison

as it is very important and helpful

for finding out her problems and

reaching out to her with the

objectives of rehabilitation.

2. Cultural, recreational, educational

activities could be organized inside

the prison. Through these activities

inmates could be motivated and it

will create a positive atmosphere for

the women.

Superintendent, Vadodara Central Prison also shared his experience and gave his suggestions:

3. For reducing the women's mental stress, there is a need to work with their families.

4. If representatives of Department of Samaj Suraksha or ICPS regularly visit the prison, the

women inmates would be able to share the problems related to their children with them.

5. ICDS should provide supplementary food to the children inside prison.

Prayas worker informed that in Maharashtra the prison department has started a Galabhet

programme for prisoners, whereby prisoners get to meet their family members and their children face

to face inside the prison premises once a quarter. Such programmes could also be started in Gujarat.

25

Session on “Issues of Children of Imprisoned mothers living outside”Resource persons: - Ms. Vaishali Jaiswal, Unit Coordinator, Prayas

- Ms Meenal Kolhatkar, Social Worker, Prayas - Ms Priyanka Kamble, Social Worker, Prayas

During this session, the social workers from Prayas gave detailed information about the

needs of the children left outside.

Ms. Vaishali Jaiswal, Unit Coordinator, Bharuch Unit, Prayas presented some issues faced

by children who are left outside, either staying on their own or in the care of father or relatives.

Some of the issues presented by her were:

Financial difficulties

The situation of children left outside has brought to the fore some startling facts. Due to the

absence of the bread winning member of the family, the standard of living of the family begins

to fall. Children end up missing meals, remaining absent in school, are unable to pay

electricity and grocery bills, rent, school fees, buy uniforms/books, etc. They have to start

borrowing from neighbours with an assurance that their mother will repay the amount. In

extreme situations, there is no food at home, either due to lack of provisions or absence of a

person to cook the meals. Personal hygiene of the children gets affected. They wear

unwashed clothes, sometimes no clothes, and lack bedding, winter and rain wear.

Playing adult roles

Due to the above, the elder siblings have to often drop out of school, to earn a livelihood or

26

look after household chores. They also have to make arrangement for legal aid for their

mothers, talk to the lawyers, go to court, try to arrange for bail, etc. In a singular example of

role-reversal, it was found that children, in their own way, started parenting their mother in

prison, reassuring their mother that things at home were under control, even if they were not.

Threat to shelter

Many families lived in rented places and the threat of eviction is real, on account of non-

payment of rent. Sometimes stigma of the mother's imprisonment led to eviction threats. In

one extreme case, the whole family was forcibly expelled from the area. Sometimes,

relatives move in on the pretext of taking care of children and encroached upon the house (In

our study, we found an instance whereby the children were found to be sleeping outside the

house while the 'caretakers' slept inside).

Loss of legal documents

Cases of loss or cancellation of legal documents (ration card, proof of residence) have also

been reported. In a number of homes, the ration card had been cancelled because of not

being in use (due to lack of income to buy rations).

Decline in health status

Lack of proper meals leads to malnutrition, decline in general health and vulnerability to

illnesses and infections. Cases of pneumonia, tuberculosis, typhoid, malaria, diarrohea,

dental and skin problems were noticed in our study. Proper medication was unaffordable in

many cases, particularly, when the illness required prolonged medication. In one case, the

treatment of a polio-affected child was stopped after the mother's was arrested.

Role of the father

There are instances where the children have been left to the care of the father, who is

outside. In many such cases, we found the father to be suffering from an illness such as T.B.,

addicted to alcohol, drugs, or gambling or violent personality. The presence of such a father

was not helpful and sometimes was detrimental to their development.

Trauma

The issue of trauma needs serious consideration. Children were found to be traumatised due

to the arrest of the mother, the manner of questioning of the mother or children, environment

in the police station/prison/court, prolonged separation from the mother or siblings (due to

institutionalization or relatives taking charge), being left alone in the house, threats from the

environment, (for example, verbal abuse and beating by neighbours, danger from anti-social

elements and fear of abduction or physical harm by members of the opposing party), etc

Breakdown of family

We also found instances of children leaving their homes, particularly the older children –

running away, absconding, aggression and attempt to suicide. In general, there was a

loosening of family bonds and increasing independence in decision making, particularly with

respect to the elder siblings. Delinquency was reported in a few instances.

27

Social stigma

The lowering of social status along with the feeling stigmatised lead to withdrawal of the

children from society. Feeling isolated, they sometimes become introverted, and avoid going

out, or attending social or family functions.

Meetings with mothers in prison

Meetings between mothers in prison and their children has been found to be infrequent,

irregular or non-existent, thus affecting the relationship between the children and their

mothers negatively. This could be due to a host of reasons such as distance from the prison

and the place of residence of the children, lack of resources to afford the travel, inability to

deal with the procedures involved in the mulakat system in prison, absence of adults to

accompany the children to prison, resistance of family members to allow children to meet

their mothers in prison, etc. We have found three situations of children which affect the

mulakat process - 1) children staying in the family in the same city/district where the mother

has been lodged, 2) children staying outside the district or the state (with their caretakers)

where the mother is lodged, and 3) children living in institutions while the mother is in prison.

Ms. Meenal Kolhatkar, social worker, Prayas presented one case wherein mother was in prison in Mumbai and children were in Kashmir. As there is no CWC is Kashmir, in spite of lot of follow up, meeting of mother with children was not possible. Mother was getting very stressed because the meeting with children was not happening. In this situation, Prayas suggested mulakat through video conferencing. Finally, after follow up and coordination with the prison department, CWC and DWCD, video conference call was made possible between mother and the children.

28

Meenal also presented some issues faced by institutionalized children of imprisoned

mothers:

Irregular contact with the mother

The institutions where the children are housed may be within the same city/district as the

prison, in which the mother is lodged, or out of the city/district but within the same state, or,

sometimes even in another state. The contact between the mother and the children through

visits is often irregular and with wide time, the gap between visits may increase due to neglect

by authorities concerned. Sometimes, children who are in another state or district may not

see their mother for months and even years.

Separation of siblings

When children of one family are institutionalized, the availability of institutions, nature of

institutions and the populations they serve take precedence over maintaining the family as a

unit. Institutions may admit children from different age categories, and/or may admit boys

and girls separately. At these times, siblings get distanced from each other and this

negatively impact familial connections over time.

Losing property that belonged to or was due to the family

Children get institutionalized due to the absence of a caretaker, and not necessarily the

absence of a house or property. However, when the property is left unoccupied and

unattended for long periods of time, it may get broken into, encroached upon, or taken over

by other relatives, especially if there is no authority to ensure its retention. In a similar

manner, movable property, jewellery and documents may get stolen, or destroyed by pests or

weather conditions. Rules guiding incarceration or institutionalization often do not take into

consideration the need for protection of personal property, which in turn leads to loss of

existing property or inheritance due to the non-availability of documents to prove rights. This

may be case even if police has sealed a house that is located in a slum.

Ms. Priyanka Kamble, Social Worker, Prayas presented role of social worker with children left outside

29

The social worker visits prison wherein information from the inmates is gathered about their family and children. If the mother requests the social worker to get information about the child at home or in children institution, the social worker pays a home visit or a visit to the children institution to get information about the child. Based on the needs of the children identified (rations, education, training, etc.) by the social worker during the home visit, the social worker provides and arranges for the same.

If the children have dropped out of school, the social worker visits the school and helps to readmit them in school. In cases where it may not be possible to re-admit the children into school, the social worker makes efforts to help the child appear for board examinations or admit them into open schooling. Children who are not interested in studying further are enrolled for vocational training programmes. In some cases, the children may be temporarily taken care of by neighbours or relatives. So in such situations, with the consent of the mother, the children are admitted into children institutions. Once the mother is released from prison, efforts are made to ensure that the child's custody is given back to the mother.

Ms. Priyanka explained in detail about importance of networking and co-ordination between the important stakeholders like police, prison officers, Probation Officers, DWCD, DCPU, CWC, Samaj Suraksha Department, Judicial officers, Duty Counsel of DLSA, NGOs in the field and the family which is very essential for the welfare of the child.

After the presentation, during the discussion, a point was raised about the process of rehabilitation of women accused in crime. Prayas workers had presented in brief about the possible interventions for women. Issues covered were pick-up points, work with families, shelter and handling emergencies, education and vocational training, placements, housing and support in obtaining documents. (Detailed information related to these issues has been provided as annexures).

30

Session on “Provisions of Juvenile Justice Act, 2015 helpful for Children of Prisoners”Resource person: Shri Dilipbhai Mer, District Child Protection Officer, Ahmedabad

During his presentation, Shri Dilipbhai Mer, presented in detail about ICPS Scheme and Juvenile Justice Act – 2015, role of the Special Juvenile Aid Police Unit, the national and state structure of Childline.

He explained in detail about the Integrated Child Protection Scheme (ICPS), its objectives, functioning, etc. Information about the Gujarat State Child Protection Society was givene along with the taluka and village level structure of the District Child Protection Unit (DCPU).

He informed about the functioning of the Observation Home, Shishugruha, Balgruha, importance of the Child Welfare Committee (CWC), the various committees related to the children institutions like the Children Committee, Management Committee, Inspection Committee, the CARA guidelines related to adoption and about the Palak Mata Pita Yojana.

31

Role of Stakeholders with regard to Children of Prisoners Resource person: Mrs. Devayani Tumma, Sr. Social Worker, Prayas

During presentation, Ms. Devayani Tumma, presented the following points :She began her presentation by briefly explaining the rights of the child as one is unable to empathize with the needs and problems of the children unless they know that a child also has rights and what are those rights. Thus the categories of the child rights are:

1. Right to Survival 2. Right to Protection 3. Right to Development 4. Right to Participation

Later, she explained about the two categories of children as stated in the Juvenile Justice (Care & Protection of Children) Act, 2014 :

1. Children in need of care and Protection 2. Children in Conflict with Law

Then she went on to explain about the Children of Prisoners (COP) who are children of imprisoned parents and they are categorized as:

Ø Children of Under trial/Convict prisoners.

Ø Children upto the age of 6 years who can be with their mothers inside the prison.

Ø Children left outside who are staying either with their families, relatives, or in children institutions, or under foster-care, etc.

All these children come under the Children in Need of Care & Protection category as stated in the Juvenile Justice (Care & Protection of Children) Act, 2014.

32

Ms Devayani Tumma further explained in detail the role of each stakeholders involved with regard to the issues of children of prisoners.

Role of Police:

Ø At the time of arrest, the police should inquire with the women about the status of their children.

Ø If necessary, take action with regard to restoration of child to the mother.

Ø If necessary, refer to the respective Child Welfare Committee (CWC) for institutionalization of the children left outside.

Ø The women should be informed about the institution in which their children have been kept.

Ø In each police station, there should be one police personnel designated as the Child Welfare Officer.

Role of the judiciary:

Ø When a woman is produced before the court, the respective magistrate also can enquire about the position of the woman's children and order accordingly.

Ø If the children are in the custody of the parental or marital families, the court can order for regular meetings between the children and the imprisoned mothers.

Ø If the children are below 6 years of age and the woman wants the children with her in the prison, then the court can pass likewise orders whereby the woman gets her child with her in the prison.

Ø If there is no one to take care of the children left outside, then the court can order the police to produce the children before the local CWC and institutionalize the children.

Ø The court can then order the institution Superintendent or Probation Officer to arrange the mulakat between the institutionalized children and the imprisoned mother.

Ø If the children who are in the custody of the woman's in-laws and are not being brought for mulakat with the imprisoned mother, then the court could intervene and try to protect the rights of meeting of both the children as well as the imprisoned parent and order the in-laws to get the children for mulakat with the imprisoned mother.

Ø The court can also intervene in the property issues of the children of prisoners and thus protect their right for a legal share in the hierarchial property of the family.

Role of prison:

Ø Enquire with the imprisoned mother about her children who are less than 6 years of age and have been left back at home. Then as per the imprisoned mother's wish, they can arrange for the children to be kept with the mother.

Ø On completion of 6 years of age, the Superintendent can either hand the child over to any relative who is willing to take care of the child. In case no family or relative is willing to look after the child, then the Superintendent can send the mother's application along with a prison letter to the CWC for institutionalization of the child.

Role of DCPU:

Ø As designated the DCPU should regularly visit the prison and take up cases.

Ø Conduct a home visit on taking up the cases from the prison or on being referred the cases by the police, NGOs, prison authorities, etc.

33

Ø Enquire during the home visit about the situation/condition of the children left at home and identify their immediate needs.

Ø Provide the necessary facilities to the children – either institutionalization or benefit of the government schemes as per their requirements.

Ø Assist the family or children in any property related matters as well because in many cases there is exploitation of the children in matters where property is involved.

Role of CWC:

Ø Provide institutionalization to the children brought by the police after the arrest of the mother.

Ø Order the DCPU to arrange the mulakat between the institutionalized child and the imprisoned mother minimum once in 15 days.

Ø Intervene in supporting the imprisoned mother in gaining custody of her children who are in the custody of her in-laws and whom she is prevented from meeting.

Ø Since the CWC has magisterial powers, they can play a very important role in protecting the property rights of the children of prisoners and thereby prevent exploitation of the children.

Points of Discussion:The main points of the discussion which followed after Shri Dilipbhai Mer and Ms Devayani Tumma's presentations was lack of clarification about the role of prison officials, CWC, Department of Samaj Suraksha and DCPU. There is urgent need to clarify the roles and responsibilities of each stakeholder in relation to children of prisoners. The participants also felt the need for appointment of an officer whose role would be to coordinate between these stakeholders.

The workshop ended with an open

discussion with participants to

suggest measures to address

issues and challenges faced by

children of prisoners. These are

summarised below:

A. Children living in prisons

1. N e e d f o r e s t a b l i s h i n g

anganwadis for children within

prison premises but outside

the prison walls. And till the

time such anganwadis are

e s t a b l i s h e d , n e e d f o r

Discussions and Way Forward :

arrangement for sending children to outside anganwadis.

2. Till the time anganwadis are started, extension of all the services of ICDS scheme

children (0-6 years) living inside prisons and for pregnant and lactating mothers.

3. Need for implementation of provisions of Jail Manual and judicial orders passed in the

context of children of prisoners.

34

4. Once the child attains 6 years of age in prison, the child should be transferred to a safe

custody (family or child care institution). The district Department of Samaj

Suraksha/Probation Officer should make arrangements of producing the child before

the CWC so that appropriate orders may be passed by the CWC to hand over the child to

the family or send the child to a children home based on the situation in each case.

5. The Department of Samaj Suraksha /District Child Protection Unit should implement the

welfare schemes of the government for children as per the needs of these children of

prisoners. A Welfare Officer/Probation Officer from the Department of Samaj Suraksha

/District Child Protection Unit should visit the prison once a week and interact with the

women prisoners to identify if any children left outside need help with regard to

admission into a children home. Such children should be produced before the CWC for

further appropriate orders. The Officer can also facilitate applications of the government

schemes for this group of children.

B. Children living outside

1. Need for arrangement of special mulakat in the prison between the children living

outside and their incarcerated mother, wherein physical communication is possible.

Prison department should issue orders for allowing such special mulakats of children of

prisoners left outside at least once a month.

2. Support for continuing education of the children. The relatives/foster families looking

after the children left outside may be supported by the sponsorship scheme or foster

care scheme of the government.

3. Need for appointment of Welfare Officers in all the prison for both under trials and

convicts who can liaison with the inmates and their children. Many prison departments

have posts of Welfare Officers who are appointed to look into the welfare and

rehabilitation of prisoners and their families left outside. The Government of

Maharashtra has started a pilot project in collaboration with the Tata Trusts whereby 19

social workers have been appointed in 2017 in 5 central prisons and a Borstal School to

work on the welfare and rehabilitation of prisoners.

C. Overall Suggestions

1. There is need for to set up a coordination structure between government departments

concerning the welfare of children of prisoners at the district level with members from the

Departments of Prisons, Women & Child Development, Samaj Suraksha, Probation,

Police and NGOs. The DCPU may be designated as the nodal agency to coordinate this

structure and organise quarterly meetings to discuss issues and find solutions relating to

children of prisoners.

2. There is a need for clarification of roles and responsibilities of departments/stakeholders

involved in the welfare of children of prisoners. A committee could be formed with

representatives of State Legal Services Authority, Department of Samaj Suraksha,

Integrated Child Protection Scheme (ICPS), Integrated Child Development Scheme

(ICDS), Department of Prisons and Prayas to discuss a way forward on issues which

were raised during the workshop.

35

Vote of Thanks

Vote of thanks was given by Shri.

J.R. Mothaliya, IG, Prisons &

Correct ional Administ rat ion,

Gujarat State.

He acknowledged the active

participation of all the participants

during the workshop. He thanked

the participants for their presence

and contribution to such a sensitive

issue of children of prisoners. He

a l s o s a i d t h a t t h e p r i s o n

department will take forward the

Krupa Shah, Field Coordinator, Prayas also thanked the participants for their presence and active

participation especially the participants who had travelled from distant districts and talukas. She

thanked Dr. Bisht, DGP Prisons & Correctional Administration for giving permission to organise this

workshop. He had supported Prayas team at every stage of the planning and organising this

workshop. She thanked IG Prisons, Shri Mothaliya, for his constant encouragement. Ms Shah thanked

Shri K. A Prajapati, Secretary, DLSA, Ahmedabad for his active participation and providing valuable

suggestions. She thanked Shri N.K. Parmar, Assistant Director, Department of Samaj Suraksha who is

very sensitive towards issues related to children and is always cooperative. Ms. Krupa Shah thanked

Smt. Jigisha Pathak, State Programme Officer, ICDS for having ackcnowledged the need for

extending the services of the ICDS to children living in prison with their mothers.

Ms. Krupa Shah thanked all the administrative officers of the prison department, especially

issues discussed during the workshop, and work towards formation of a committee as suggested by

the participants.

Shri R.P. Rana, Vahivati Adhikari

and Shri Bhisamsingh Rajput, Sr.

Clerk for their continued support at

a l l s tages o f p lann ing and

organising this workshop.

She thanked Dr. Vijay Raghavan,

Director, Prayas, for his constant

motivation and encouragement

and all the social workers of Prayas

for their support. At the end, she

again thanked the Department of

Prisons and concluded the vote of

thanks.

About PrayasPrayas is a social work demonstra�on project of the Centre for Criminology and

Jus�ce, Tata Ins�tute of Social Sciences, established in 1990. Prayas’s focus is on

service delivery, networking, training, research and documenta�on, and policy

change with respect to the custodial/ins�tu�onal rights and rehabilita�on of socio-

economically vulnerable individuals and groups. To this end, permission to visit

criminal jus�ce or custodial ins�tu�ons and interact with persons detained or

confined in police sta�ons, prisons and government residen�al ins�tu�ons in

Maharashtra and Gujarat has been obtained from the Departments of Prisons and

Women & Child Development.

T I S S