RIGHTS OF CHILDREN OF INCARCERATED PARENTS: AN ANALYTICAL STUDY
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Abstract
The recognition of the inherent dignity of the children is the foundation of freedom and justice which is protected by the rule of law. The Protection of Human of Human Rights Act, 1993 defines Human rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International covenants and enforceable by the Courts in India. The Universal Declaration of Human Rights provides that motherhood and childhood are entitled to special care and protection which includes the right to a standard of living adequate for the health and well-being. It also provides right to free education at least in the elementary and fundamental stage and the parents shall have choice of the kind of education given to the children. We are welfare State, having constitutional obligation to provide early childhood care and education for all children until they complete the age of six years. The fundamental rights provide for right to life and personal liberty to such children. There are certain rights of the arrestee as well as convicted person which have been, well recognized as a fundamental right. They have right to take care of their children while under incarceration and they shall not be deprived of parenting right of their children. The children of incarcerated persons shall enjoy all human rights and other rights which are enforceable by courts in India. They shall be treated with equal social protection like other children. The children of incarcerated parents are being neglected and victimized. Our legal framework confers rights on such children to be protected from such neglect and victimization which is required to be enforced in true letter and spirit. In this research paper the author’s scheme is to analyze human rights, constitutional and other rights of children of incarcerated parents which are guaranteed by the Constitution or embodied in the International covenants as well as in various statutes and are enforceable by courts in India.
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