MADURAI
The amicus curiae appointed by the Madurai Bench of the Madras High Court to suggest rehabilitation measures for prisoners’ children has said that prisoners, particularly women and their children, need regular psychosocial support.
A Division Bench of Justices S. Vimala and T. Krishnavalli, while hearing a case on the vulnerability of children whose parent/parents was/were convicted in murder case, appointed advocates Henri Tiphagne, T. Lajapathi Roy, KPS Palanivel Rajan and N. Dilip Kumar as amicus curiae in the case.
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The amicus curiae, in a report submitted to the court, said that almost 90 % of the children with incarcerated mothers were unable to secure even two square meals a day. Also, contact between children and such parents was most often not possible. Children had to take leave from school to meet their parent in prisons, as there are no interviews on Sundays.
The report pointed to the absence of child-friendly interview halls. The children who get to meet their parent cannot even touch, kiss or offer a hug during the visit. At times, the incarcerated parent does not have the opportunity of meeting the children. This takes a toll on the mental health and well being of the prisoner, the report said.
Pointing to the vacancies in key posts in prisons, the report said that though every prison in the State had a position of a psychologist, a social worker, two counsellors and one welfare officer, in most of them the positions were lying vacant due to non-appointment.
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Another major lacuna in the scheme of things pointed out by the report was that the children who lived in prison along with their mothers did not have access to regular nutritious food, snacks, milk and a periodic care of a paediatrician to monitor their physical and mental growth. Also the children did not have access to crèches with child-friendly accessories.
The report also said that most mothers in prisons were not found to be engaged in work, which would bring remuneration to them. Most prisoners who had older children expressed a desire to be provided with advice on higher education for their wards. The report suggested child scholarship programmes for all needy children so that they could pursue their studies without break. The report also sought employment opportunities for prisoners so that they could save money. Exclusive telephone facilities for parents to communicate with their children and vice-versa would be helpful, the report said.
The amicus curiae suggested that the State allocate sufficient resources to establish regional homes with special facilities exclusively for children of incarcerated persons. These homes should be established and run by the government, the report said. The case has been posted for hearing on November 8.
The court was hearing the case of Subbaiah of Thoothukudi who had appealed against the life sentence imposed on him by the Mahila Court, Thoothukudi, which had found him guilty of murdering his wife. The High Court Bench set him at liberty after the accused had already spent two and a half years in prison. The court took cognisance of the fact that the dying declaration in the case was produced before the lower court after the final report was filed. The court had also appreciated the lower court for being sensitive enough to refer the children of the accused and the deceased to the Child Welfare Committee.
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