R.D. UPADHYAY versus STATE OF A.P. AND ORS.

Citation: [2006] 3 S.C.R. 1132 · Decided: 13-04-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
R.D. UPADHYAY 
,-
v. 
STATE OF A.P. AND ORS. 
APRIL 13, 2006 
B 
[Y.K. SABHARWAL, CJ., C.K. THAKKER AND 
P.K. BALASUBRAMANY AN, JJ.] 
Children of women prisoners lying in jail-lnspite of several legislative 
c 
and policy measures in furtherance of rights of child, such children found to 
require additional protection-In this light, necessary directions issued to 
..... 
ensure minimum standards in prison regarding pregnancy; child birth; age 
till which children could be kept there; food clothing, medical care and shelter; 
education and recreation; and diet-All States and Union Territories directed 
to comply with the directions and amend suitably jail Manual and/or relevant 
D Rules, Regulations, instructions etc.-State Legal Services Authorities directed 
to take necessary measures to periodically inspect jails to monitor compliance 
of directions-Courts dealing with cases of women prisoners whose children 
are in prison wilh their mothers, directed lo give them priority and decide 
them expeditiously. 
E 
Main issue before the Court in present proceedings was issue of 
directions for the development of children who are in jail with their 
mothers, who are in jail either as under trail prisoners or convicts. It was 
noted that several legislative and policy measures had been taken over the 
years in furtherance of the rights of the child. However, on the basis of 
F various affidavits submitted by various State Governments and Union 
Territories, as well as the Union of India, it became apparent that children 
of women prisoners who are living in jail required additional protection. 
While some States had taken certain positive measures to look after the 
interests of these children, but a lot more was found to be required to be 
done in the States and Union Territories for looking after the interest of 
G children. In this light, it became necessary to issue directions to ensure 
minimum standards were met by all States and Union Territories vis-a-
vis the children of women prisoners living in prison. Accordingly the Court 
-
issued following directions: 
H 
1132 
- '\ 
R.D. UPADHYAYv. STATE OF A.P. 
1133 
1. A child shall not be treated as undertrial/convict while in jail with A 
his/her mother. Such a child is entitled to food, shelter, medical care, 
clothing education and recreational facilities as a matter of right. 
[1154-C-D) 
2.1. Before sending to jail a women who is pregnant, the concerned 
authorities must ensure that the jail in question has the basic minimum B 
facilities for child delivery as well as for providing prenatal and post natal 
care for both, the mother and the child. [1154-D-EJ 
2.2. When a woman prisoner is found or suspected to be pregnant 
at the time of her admission or at any time thereunder the lady Medical 
Officer shall report the fact to the superintendent. As soon as possible, C 
arrangement shall be made to get such prisoner medically examined at 
the female wing of the District Government Hospital for ascertaining the 
state of her health, pregnancy, duration of pregnancy, probable date of 
delivery and so on. After ascertaining the necessary particulars, a report 
shall be sent to the Inspector General of Prisons, stating the date of D 
admission, term of sentente, date of release, duration of pregnancy, 
possible date of delivery and so on. [1154-E-G) 
2.3. Gynaecological examination of female prisoners shall be 
performed in the District Government Hospital. Proper pre-natal and post 
natal care shall be provided to the prisoner as per medical adivce. 
E 
[l154-H; 1155-A) 
3.1. As far as possible and provided she has a suitable option, 
arrangements for temporary release/parole (or suspended sentence in case 
of minor and casual offender) should be made to enable an expectant 
prisoner to have her delivery outside the prison. Only exceptional cases F 
constituting high security risk or cases of equivalent grave descriptions 
can be denied this facility. (1155-B) 
3.2. Births in prison, when they occur, shall be registered in the local 
birth registration office. But the fact that the child has been born in the 
prison shall not be recorded in the certificate of birth that is issued. Only 
the address of the locality shall be mentioned. [1155-C) 
G 
3.3. As far as circumstances permit, all facilites for the naming rites 
of children born in prison shall be extended. [1155-D) 
4.1. Female prisoners shall be allowed to keep their children with 
them in jail till they atta

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