COMPARATIVE STUDY ON HUMAN RIGHTS PERSPECTIVE OF CHILDREN OF PRISONERS IN INDIA: AN OVERLOOKED STORY OF VULNERABILITY

Abstract

The children are subject to direct relationship with the State under the roof of Fundamental Rights enshrined under the Constitution of India. The children of prisoners are taken into prior consideration involved in a dispute before it settled through the State intervention. The children are victimized due to incarceration of their parents and as per law of the land they are being subjected to discriminated treatment likewise up to a certain age, children are allowed to accompany their mother prisoners inside the prison whereas rests are living in the community without any shelter of care and protection been initiated under State intervention. The human rights of the children of incarcerated parents are deprived due to various socio-legal and economic factors leaves them in a state of trauma, stigma, material hardship, rights violation, etc. The status of the children of prisoners in India somewhere gives a clear pitch of our national instruments which failed to keep uniformity with the international instrument. The vulnerability of children of incarcerated parents are adequately covered under UNCRC and been subjected to cover under state protection from any abuse, violation, discrimination, etc. This research paper would focus upon the line of comparison between the existing international and national instruments to encompass protection to the children of prisoners. The current study would pursue in covering the pivotal role of Judiciary in protecting the human rights of the children of prisoners and its efficacy in taking a step towards their protection, growth and development.