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That small children, otherwise outside the rigours of
law in any civilised setting, should suffer the
constricting surroundings of prisons for the sins of
their mothers is highly iniquitous. There can be no
two opinions on that score. The problem, peculiar to
the Third World, arises from the fact that when the
mother is convicted and sent to jail there is no one
else in the house to take care of her child. She has
no choice but to take the poor child with her. But
whether the solution of this injustice lies in
granting parole to the culprit, duly convicted by a
court of law, would not find universal acceptability.
A simple and, indeed, valid objection is that letting
off criminals would offend against the principle of
their getting just deserts to serve as a lesson to
them and check infractions of law by others.
The Punjab Minister of Jails, who has indicated that
the government would not hesitate amending the rules
to allow such women to go out of the jail on parole,
should not lose sight of this fundamental precept.
However, no one would disagree with him that mothers
and their children should have better living
conditions in jails. Those acquainted with the
miserable conditions in our jails would anyhow welcome
any move to make things better there. MPA Farzana
Raja, while asking a question on the plight of
children living with their mothers in jails, had
demanded proper arrangements for their education. She
had rightly pointed out that these children, having
spent years within the precincts of prisons, found it
hard to adjust themselves in society when they are
'released' with their mothers.
While the government might claim that the children are
in jails not for any of its faults, it cannot absolve
itself from the obligation of taking due care of this
valuable asset. Linked to this issue is the fate of
children born in jail. Literacy, rather education, is
a child's birthright, which in turn could become a
precious human resource for the country. Children need
companions of their age to play with, and playgrounds.
Should there be special homes funded by the government
or charitable trusts for such children to groom them
into normal citizens? The entire question needs to be
examined in detail before the authorities could decide
how best to tackle it. [Source: The National Editorial]
Posted on 2004-01-28
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