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Children Of Incarcerated Mothers: A Review Of Legal Framework, Developmental & Social Outcomes




Nidhi Kumari & Sony Kunjappan


ABSTRACT


Children is the most vulnerable yet crucial part of any society, there are several legal as well as societal margins set for their betterment, growth and development. We believe that children are the future of any society. But one should also questions on what about such children residing in prisons with their incarcerated mothers. This paper discusses the extensive effects of maternal imprisonment on children by using legal frameworks, developmental trajectories, and social outcomes associated with this vulnerable population. The rise in women's imprisonment around the world, including that of primary caregivers, is becoming a growing concern about the long-term implications for their children who often suffer deprivation of attachment, emotional turmoil, and socio-economic adversities. The review searches the legal structures currently in place for safeguarding the rights and best interests of the children of those behind bars-for example, with respect to custody, visitation, and involvement of child welfare. This paper continues talking about the consequences of developmental stages for children, referring to outcomes in terms of cognition, emotion, and behaviour. The review finally touches upon social effects, referring to stigma through parental incarceration, exposure to the juvenile justice system, and how all these circulate in a cycle of disadvantage. The paper concludes with an integrated, child-centred approach to the incarceration of mothers with the aim to reduce harm and promote positive outcomes for affected children.


Keywords: Women Imprisonment, Maternal Incarceration, children, child- centred approach, vulnerable population.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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