Allahabad High Court Seeks Details Of UP Govt's Policy To Send Children Of Jail Inmates To Regular Schools

A bench of Justice Ajay Bhanot passed this order while dealing with a bail plea filed by one Rekha.

During the case hearing, the Court noted that the applicant has a five-year-old child in jail. When the Court inquired about the child's education status, the bench was apprised that the child is attending the creche school in the jail premises, which is meant only for the children of inmates.

By filing an affidavit, the Director General (Prisons) and Principal Secretary (Women and Child Development) informed the single judge that a number of inmates' children reside in prisons with them throughout the State of UP.

The State Government also submitted that it is committed to the welfare of the children residing in jail with their inmate parents. The bench was also apprised that the state government is willing to formulate a scheme for admitting the said category of children to regular schools and providing other support systems for children in various CCIs.

Against the backdrop of these submissions, the Court, at the outset, observed that the education and holistic development of children of inmates who reside in jails cannot be restricted by the confining environment of jails.

“The legislature and the law are cognizant of the rights of all children specially those who are in need of care and protection. The provisions of Juvenile Justice (Care & Protection of Children) Act, and Right of Children to Free and Compulsory Education Act as well as the fundamental rights vested in children by holdings of Constitutional Courts have to be implemented regardless of the environment in which the children are situated,” the Court further remarked.

In view of this, the bench directed the competent verticals/departments of the State, including the Principal Secretary, Department of Women & Child Development, Government of U.P., Principal Secretary (Prisons), Government of U.P., and Director General (Prisons), Government of U.P. Lucknow, to formulate a final policy in this regard and apprise the bench about the same.

The matter has been posted for dictation of judgment (on bail) for November 20.

Case title - Rekha vs. State of U.P

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