New Delhi: The National Human Rights Commission (NHRC) has issued an advisory on the Protection of Human Rights of Female Inmates and their Children, calling for a sensitive, gender-responsive approach to the needs of women in custody and children living with or separated from them.
The advisory has been sent to nine Union Ministries, Chief Secretaries and Administrators of all States and Union Territories, and Directors General of Police across the country. The Commission has urged the authorities concerned to implement its recommendations and submit Action Taken Reports (ATRs) within two months detailing progress.
The NHRC has stressed that protecting women prisoners and their children requires more than basic custodial safeguards. It has highlighted the need for humane prison conditions, maternal and child healthcare, mental health support, access to justice, preservation of family relationships and opportunities for rehabilitation and social reintegration.
NHRC Identifies 10 Priority Areas for Action
The advisory sets out ten broad areas for authorities to address the rights and welfare of women prisoners and their children.
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These include:
- Pre-admission, arrest and entry into the prison system: Addressing safeguards and procedures applicable when women enter custody.
- Admission records and child documentation: Maintaining appropriate records and documentation concerning women prisoners and their children.
- Health, medical care and mental health services: Ensuring attention to physical health, maternal healthcare and psychological well-being.
- Living conditions, hygiene and welfare: Addressing prison conditions and the specific needs of women inmates, alongside sensitisation.
- Children living with or separated from prisoners: Protecting children’s welfare and ensuring that their best interests remain central to decisions affecting them.
- Communication and family contact: Facilitating communication, visits and the preservation of family ties.
- Prison administration, legal aid and access to justice: Strengthening administrative safeguards and access to legal assistance.
- Gender-responsive facilities during court production: Addressing the facilities and welfare measures required when women inmates are taken to court.
- Rehabilitation and social reintegration: Supporting preparation for release and reintegration into society.
- Foreign national inmates: Addressing the particular circumstances and requirements of women prisoners who are foreign nationals.
The advisory covers different stages of the custodial process, from arrest and admission to prison life, court appearances and post-release support.
Focus on Maternal Healthcare and Children’s Rights
The NHRC has emphasised that women prisoners and their children constitute a particularly vulnerable group whose circumstances require specific attention.
Its recommendations call for adequate maternal and child healthcare, improved living conditions and appropriate welfare measures. The advisory also highlights the importance of protecting children who live with their mothers in prison as well as those who are separated from imprisoned parents.
The Commission’s approach places children’s best interests alongside the rights and needs of women inmates. It also calls for measures that preserve family connections and support access to healthcare and justice.
Nine Union Ministries and State Authorities Asked to Act
The advisory has been circulated to nine Union Ministries, as well as the Chief Secretaries and Administrators and the Directors General of Police of all States and Union Territories.
The NHRC has urged these authorities to examine the recommendations relevant to their responsibilities and take the necessary steps towards implementation.
The requested Action Taken Reports are intended to inform the Commission about the progress made in responding to the advisory.
Key requirements include:
- Review and implementation of the advisory’s recommendations by the authorities concerned.
- Attention to the ten identified areas covering custodial safeguards, healthcare, family contact and rehabilitation.
- Submission of Action Taken Reports within two months.
- Reporting on progress made towards implementing the recommendations.
Rehabilitation and Reintegration Beyond Prison
The advisory also addresses the circumstances women face as they prepare to leave prison and return to society.
By including rehabilitation, post-release support and social reintegration among its ten priority areas, the NHRC has extended its focus beyond conditions inside correctional facilities.
The inclusion of foreign national inmates also recognises that prison administration must account for the distinct circumstances of different groups of women in custody.
The recommendations collectively emphasise a rights-based and gender-responsive approach to prison administration, with attention to the welfare of both women inmates and their children.
NHRC Seeks Progress Reports Within Two Months
The Commission has asked all authorities concerned to submit their Action Taken Reports within two months, enabling it to track progress on the advisory’s recommendations.
The advisory is intended to guide authorities in addressing the specific needs of women prisoners and their children through appropriate custodial safeguards, healthcare, legal support, family contact and rehabilitation measures.
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