New Delhi, Sep 9 (PTI) The National Commission for Protection of Child Rights (NCPCR) has proposed a detailed SOP for the care and protection of children of incarcerated parents, including setting up creches run by Anganwadis or NGOs in prison complexes and regular interaction between children and their imprisoned parents.
The draft standard operating procedure (SOP) on ‘Care and Protection of Children of Incarcerated Parents’ has laid down procedures for children living inside prisons with their mothers as well as those staying outside with guardians, relatives or in child care institutions.
The NCPCR said children of incarcerated parents (CoIP) remain one of the most invisible and underserved groups in India’s child protection landscape.
Across India, parental incarceration affects an estimated eight lakh children, yet only a fraction of those living with mothers inside prisons are visible in official records, it added.
As of 2024, 1,397 children resided in prisons, often in overcrowded, unsanitary conditions with limited access to nutrition, healthcare and recreation, it said.
For children residing in prisons, the draft has proposed that every prison where children are living with their mothers should have an Anganwadi under Mission Saksham Anganwadi and Poshan 2.0 or an NGO-run creche, with the aim of creating a “normalising environment for such children”.
The Anganwadi or creche shall be situated outside the prison building but within the prison premises, as far as possible.
It said there should be space for free movement and a play area in the creche, which should be equipped with age-appropriate toys and games, and also called for the children aged zero to six years residing in prisons being provided age-appropriate education, recreation and diet.
It further proposed that a child, on attaining the age of six years may be placed with a guardian or with the remaining parent with the consent of the mother, by way of an application submitted to the prison superintendent by the mother or any other appropriate authority.
“If such an option is not available, or if the mother does not consent to the child living with the available guardian, the child shall be produced before the nearest Child Welfare Committee (CWC) for rehabilitation,” it said.
Authorities would need to help identify alternate caregivers who are “willing and capable of providing the required care and protection to the child”.
The assessment could be made at any point after the child’s entry into prison, depending on the mother’s willingness and request to hand over custody to an alternate caregiver.
In cases involving children of convicted female prisoners sentenced to more than five years, where no alternate caregiver is available, the authorities would attempt to place the child in alternative care such as foster care or with a “Fit Person” instead of a child care institution (CCI), wherever suitable and possible.
The draft also stressed maintaining the relationship between incarcerated mothers and their children. The CWC, concerned CCI and prison superintendent would be required to arrange regular meetings and interactions between the child and the incarcerated mother at least once a week or whenever the mother requests a meeting.
Where physical meetings are not feasible, it suggested facilitating video calls, video conferences or telephone calls.
At the time of release of the incarcerated prisoner whose children are placed in a CCI, access to their child needs to be facilitated, the draft said.
For children staying outside prisons, the draft proposes that at the time of arrest, police officers record details of dependent children in the arrest memo.
If a child has no caregiver, the investigating or arresting officer would be required to produce the child before the CWC of the concerned district within 24 hours of the parent’s arrest. If the CWC declares the child a Child in Need of Care and Protection (CNCP), the child would be covered under institutional and non-institutional care mechanisms available in the state under Mission Vatsalya.
The draft also calls for support to ensure that children of incarcerated parents continue their education.
Children should also be informed when their parent is transferred to another prison.
The SOP proposes that meetings between imprisoned parent(s) and their children take place inside prison premises in a separate room or space permitting face-to-face interaction and touch.
The prison administration would also facilitate physical, virtual or telephonic communication between parents and children at least once a week.
The draft SOP defines a CoIP as a person below 18 years whose either parent or primary caregiver is incarcerated, detained or in custody.
Suggestions have been invited on the draft till October 9, which will be considered by the NCPCR while finalising the SOP. PTI KSH KSS KSS
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