Balancing Justice And Maternal Rights: Analyzing The Challenges Faced By Incarcerated Women In Maintaining Mother- Child Relationship

Govind S Nair, Vellore Institute of Technology School of Law, Chennai

ABSTRACT

The fundamental Idea of the justice system rests on the principle of rehabilitating individuals and reintegrating them back into the society peacefully. Those who commit crimes are subject to punishment under the various penal laws enacted by the legislature. The Constitution guarantees certain Rights essential for basic human existence, which must be upheld even for prisoners. The state bears the responsibility of safeguarding these rights and taking appropriate actions as and when necessary. Given the state's significant role in protecting fundamental rights, it must ensure that no institution operated by the state violates these rights.

Article 21 of the Constitution bestows upon every individual the right to life and personal liberty, encompassing life with dignity. Prisons, while designed to serve as institutions for punishing wrongdoers, should be mindful not to infringe upon the basic human rights and living conditions of the inmates. This concern is particularly critical for incarcerated women, whose distinct requirements are often overlooked or not adequately addressed compared to male prisoners. Consequently, this article delves into the legal obligations and challenges faced by incarcerated women in preserving their mother-child relationship with a view to understand the difficulties faced by the incarcerated mothers and its impact on the overall growth of the Child and to propose a balanced approach of justice focusing on the welfare of the mother and child.

Keywords: Maternity, Incarcerated women, justice, Mother, Child, Relationship