“On the conviction of the appellant by the trial court, the children are left orphan-like, with the mother having breathed her last and the father under incarceration” observed the Madurai Bench of the Madras High Court expressing concern over the welfare of children where one spouse was killed by the other.
A Division Bench of Justices S.Vimala (since retired) and T.Krishnavalli which constituted a panel to visit the Central and Special Prisons in the State to find out rehabilitation measures for such children observed American Social Reformer Frederick Douglass’ famous quote, “It is easier to build strong children than to repair broken men” while suggesting a set of directions for the State to implement for the welfare of children in such cases.
Considering the necessity to address the physical and mental well-being of the child, the court opined that through education the scars of yesteryears could be shed. The State should set up a mechanism to ensure that such children whose parents are incarcerated are not only placed in safe places but also provided with proper education. Schools could play a key place to establish the support system needed for such children, it said.
While delivering verdict in such cases, the trial court could ascertain the family background and the position of the child in order to forward the details of such children to the State Commission for it to act accordingly. Arrangements for the care of the child shall be inquired upon at the time of sentencing, the court said.
Separate agency
The court also mooted the setting up of a separate agency to collect and analyse data regarding children of incarcerated parents to keep a track on such children till they attained majority.
At the time of the arrest, the police should inquire and make immediate arrangements for the child to be placed with a guardian. Appropriate language and behaviour should be ensured on the part of the police while handling the arrest in the presence of children, the court said.
In order to tackle the issue of mental trauma, the court said accessibility of specially-trained therapists, counsellors and mentors be engaged. Support groups could step in as the caregiver. Also a child-friendly environment should be provided to the children when they visit the incarcerated parent. After all the child should have the right to a lifelong relationship with his/her parent and the re-establishment of the relationship after the release of the parent from prison, the court said.
Calling for a larger participation, the court said community education was the tool to address the social stigma surrounding the issue. The community should get together as a family and try to achieve positive results. Media reporting in such cases should be appropriate so as to not to stigmatise children directly or indirectly, the court said. The court wanted the Child Welfare Committee to send periodical reports to the State Committee and ensure that the laws enacted for the purpose reached the children in need.
Reacting to the significant order, Child Rights Activist A. Devaneyan said that though infrastructure at the institutional homes was important, focus must be on the holistic growth of the child. The child must be ensured nutritious food and regular health check-ups, he said and added that those employed at such homes should be trained accordingly.
Touching upon the need for a follow up mechanism, Child Rights Activist T.R. Parvathavarthini said there should be transparency to ensure the benefits reach the children. Implementation can be achieved through monitoring mechanism, she said.
Joint secretary, Indian Council for Child Welfare, Tamil Nadu, Valli Annamalai, said that institutionalisation of the children should be the last resort for them. Family members, particularly the immediate kin could offer the best support to children in such cases. The counselling should be imparted to both child and the family for them to overcome the trauma. Foster care could also be explored as a rehabilitation measure for such children, she said.
Founder of Sakthi-Vidiyal, C. Jim Jesudas called for a regular assessment of the child protection units. He also opined that the extended families would be a best support to such children. Commenting on the monitoring mechanisms of the homes, he said in the past poor performing homes were asked to be closed down following periodical assessment.
