India's Child Rights Body Proposes Creches in Prisons for Children of Inmates

India's National Commission for Protection of Child Rights (NCPCR) has released a draft plan to help the estimated eight lakh children affected by parental incarceration. The proposal includes setting up creches inside prison complexes and ensuring regular contact between children and their imprisoned parents.

The draft standard operating procedure (SOP) on 'Care and Protection of Children of Incarcerated Parents' covers children living inside prisons with their mothers and those staying outside with guardians or in child care institutions. The NCPCR describes these children as one of the most invisible and underserved groups in India's child protection landscape.

What does the draft SOP propose for children living in prisons?

As of 2024, 1,397 children resided in Indian prisons, often in overcrowded, unsanitary conditions with limited access to nutrition, healthcare and recreation. The draft proposes that every prison housing children with their mothers should have an Anganwadi under Mission Saksham Anganwadi and Poshan 2.0, or an NGO-run creche, to create a 'normalising environment'.

The creche would sit outside the prison building but within the premises, with space for free movement and a play area equipped with age-appropriate toys. Children aged zero to six would receive education, recreation and proper diet.

What happens when a child turns six?

Once a child reaches six years, the mother can apply to the prison superintendent to place the child with a guardian or the remaining parent. If no such option exists or the mother refuses, the child goes before the nearest Child Welfare Committee (CWC) for rehabilitation. Authorities would help identify alternate caregivers 'willing and capable' of providing care.

For convicted mothers serving more than five years with no alternate caregiver, the draft favours foster care or placement with a 'Fit Person' over a child care institution (CCI), wherever suitable.

How would the plan maintain parent-child bonds?

The draft stresses regular interaction between incarcerated mothers and their children. The CWC, concerned CCI and prison superintendent would arrange meetings at least once a week, or whenever the mother requests. Where physical meetings are impossible, video calls, video conferences or telephone calls would be facilitated. When a prisoner is released, access to children placed in a CCI must be arranged.

What protections exist for children outside prisons?

For children staying outside, the draft proposes that police record dependent children's details in the arrest memo. If a child has no caregiver, the arresting officer must produce the child before the CWC within 24 hours of the parent's arrest. If declared a Child in Need of Care and Protection (CNCP), the child falls under institutional and non-institutional care under Mission Vatsalya.

The SOP also requires that children be informed when a parent is transferred to another prison, and that meetings take place in a separate room permitting face-to-face interaction and touch. Prison administration would facilitate physical, virtual or telephonic communication at least once a week.

Who is covered under the definition of CoIP?

The draft defines a child of incarcerated parents (CoIP) as any person below 18 years whose parent or primary caregiver is incarcerated, detained or in custody.

When will the final SOP be issued?

The NCPCR has invited suggestions on the draft until October 9, which will be considered before finalising the SOP.