An Analysis Of The Legal Services For Women Prisoners And Their Children In Indian Prisons
By Dr. Sameera Khan, Aligarh Muslim University.*
The patriarchal culture in the Indian society has led to normalisation of gender bias, especially against women. They are subjected to social, economic and moral discrimination on regular basis. It is also a major hurdle for women prisoners in India. It denies them a fair and just trial. They do not have adequate facilities in prisons and their children also suffer due to the lack of enforcement of the rights. The laws for protection of women prisoners and their dependents are good on paper but not adequately implemented. Therefore, certain changes need to be made in order to ensure that their rights are protected and the Constitutional Principles are not violated.
The purpose of this policy brief is to analyse the availability and condition of legal framework for women prisoners. It will address the issues faced by women prisoners which include maternity facilities, hygiene issues, health problems and the impact on their children. The remedies available will be analysed. Suggestions for removing the blank spaces in the existing system of prison administration and prisoner’s rehabilitation will be provided.
Keywords: Women Prisoners, Children, Under-trial, Legal Aid, Covid-19, Social Welfare, Health Risks.
* The author has completed her Doctorate of Law from Department of Law, Aligarh Muslim University, Aligarh.