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Synopsis

The Allahabad High Court recently dismissed the bail application of a woman accused of murdering her stepchild, while highlighting the rights of children residing in prisons with their incarcerated parents. Court recognized the woman’s five-year-old son’s right to education and holistic development and issued comprehensive directions to ensure his well-being.

The bail applicant, Rekha, has been in jail since October 2023 in connection with a case under Sections 363, 302, and 201 of the IPC at Modi Nagar Police Station, Ghaziabad. he prosecution alleged that she was the primary accused in the murder of her minor stepchild, whose body was recovered based on her disclosure. Considering the gravity of the offense and the likelihood of her involvement, the court opined that no case for bail was made out.

However, the judgment went beyond the individual bail plea and addressed broader concerns regarding children living in jails with their imprisoned parents.

The bench of Justice Ajay Bhanot noted that the applicant’s 5-years-old son was residing with her in prison after her incarceration and he was entirely dependant on her.

Court observed that incarceration should not deprive inamate's children of their fundamental rights, and emphasized the need for comprehensive child care plans. It directed state authorities, including prison officials, the Child Welfare Committee (CWC), and district administration, to ensure that such children are provided proper education, healthcare, and emotional support.

Court highlighted that prison environments are not conducive to a child’s mental and emotional growth, stressing that a child’s confinement alongside a parent due to legal proceedings violates constitutional protections under Article 21-A.

"Educational needs and intellectual advancement of children clearly come within the ambit of Article 21 of the Constitution. Prison walls cannot obstruct the onrush of the fruits of Article 21 for children...State has to create an environment and build support systems which facilitate access of children to their rights under Article 21 and 21-A of the Constitution of India", court said.

The judgment also examined constitutional provisions, international conventions, and past judicial precedents regarding the rights of children. It cited the Supreme Court’s decision in R.D. Upadhyay v. State of A.P., which laid down guidelines for the care and education of children residing in prisons with their mothers. Additionally, the court referred to studies highlighting the adverse effects of prison life on children, including social alienation and developmental setbacks.

Among the key directives, the court directed that the child residing in jail be admitted to school outside prison premises, insulated from other prisoners except his mother.

Also, the jail authorities were directed to facilitate outdoor activities, access to proper nutrition, and medical care to the child.

Additionally, the court underscored the need for coordination between legal aid services, probation officers, and child welfare institutions to create individualized child care plans tailored to each child’s needs.

Further, recognizing the slow pace of trials, the court also directed the trial court to expedite the proceedings against Rekha, emphasizing the need to conclude the case within a reasonable timeframe, preferably within a year.

Case Title: Smt. Rekha Vs State of U.P.