Impact Of Parental Incarceration On Children: A Special Focus On The Reproductive Rights Of Prisoners
- IJLLR Journal
- Aug 15
- 1 min read
Swati Chauhan, Research Scholar, Faculty of Law, University of Lucknow, Lucknow
Dr. Dharmendra Kumar, Assistant Professor, Faculty of Law, Shia PG College, Lucknow
ABSTRACT
When a crime is committed, it affects the whole society. Besides the victim and the accused/convict, their family/dependents are also affected. Children of incarcerated parents are often termed as ‘victims of justice’. In a country like India, where children are considered as embodiment of God, not much heed is given to the well-being of those children who live with their mothers in prisons or those who live outside without any parental care. They go through a lot of physical, mental, emotional, educational, and financial hurdles. This paper shall deal with the legal provisions and the judicial approach towards the well-being of children of incarcerated persons in India. After analyzing them, the authors aims to draw some solutions and suggestions.
It is pertinent to explore the demands of the prisoners in respect of their reproductive rights including right to procreate and parenthood. The authors aims to determine whether such a right can be made absolute and what effect will it have on their children. An attempt shall be made to analyze the fate of such right and to balance it with the future prospects of such an unborn child.
Keywords: Incarcerated parents, rights of child, legislative provisions, judicial guidelines, reproductive rights.
