By Niyati Dhiman

The Allahabad High Court has directed the Uttar Pradesh State Government to submit a detailed affidavit regarding its policy for enrolling children of jail inmates in regular schools across the state. This directive came during the hearing of a bail plea filed by Rekha, who is currently incarcerated along with her five-year-old child.

During the proceedings, the Court inquired about the child’s education status. It was revealed that the child attends a creche school located within the jail premises, which is designed for the children of inmates. This led the Court to question whether the child’s educational needs were being adequately met in the confined environment of the jail. The bench of Justice Ajay Bhanot observed that the education and holistic development of children living in jails with their parents should not be restricted by the limitations of the prison environment.

The Director General (Prisons) and Principal Secretary (Women and Child Development) informed the Court that many children live with their incarcerated parents in prisons across the state. They further assured the bench that the state government is committed to the welfare of these children and is exploring options to enable them to attend regular schools outside the prison. The government also expressed its intention to formulate a scheme to facilitate the admission of such children to mainstream education, along with the necessary support systems for children in Child Care Institutions (CCIs).

The Court emphasized that the rights of children, particularly those who are in need of care and protection, must be upheld regardless of their circumstances. It cited the provisions of the Juvenile Justice (Care & Protection of Children) Act and the Right of Children to Free and Compulsory Education Act, as well as constitutional protections, in affirming the need to implement these rights fully. The bench observed that the law recognizes the importance of providing children with opportunities for education and development, irrespective of their living conditions.

In light of these discussions, the Court directed the relevant state departments, including the Principal Secretary for Women & Child Development, the Principal Secretary for Prisons, and the Director General of Prisons, to draft a comprehensive policy regarding the education of children in jails and present it to the bench. The matter has been adjourned for further proceedings, with the bail judgment scheduled for November 20.

Case Title: Rekha v. State of U.P.

Citation: 2024:AHC:154395

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