HC disposes of PIL over facilities for jailed women's kids

The Gujarat High Court today disposed of a suo motu PIL seeking basic facilities for children of jailed women as well as for mentally-challenged prisoners, lodged in 15 prisons across the state, after the state government filed a submission in this regard.
A two-judge bench of the high court, comprising acting Chief Justice V M Sahai and Justice R P Dholaria, disposed off the PIL after the state government in its affidavit said that it has been providing all primary facilities to 42 children of the jailed women and also to 231 mentally-challenged prisoners, including under-trials and convicts.
The government said it was complying with the Supreme Court guidelines in this regard.

The apex court guidelines state that a child shall not be treated as an undertrial/convict while in jail with his/her mother. Such a child is entitled to food, shelter, medical care, clothing, education and recreational facilities as a matter of right.
"231 persons suffering from mental illness, who are lodged in 15 jails of Gujarat, have been given treatment either in the respective prison or in special mental branch of Ahmedabad civil hospital as per the stage of their illness," the government said in the affidavit.
"Besides, 42 children of women convicts have been given all the basic facilities, like education and health-care. They are certainly not being treated as convicts or under-trials," it added.

The apex court had directed all the high courts in the country to examine the situation of children of undertrial or convicted female prisoners, who have to live with their mother in the prisons.
The apex court had also directed the state high courts to ensure medical and other primary facilities for the mentally-challenged jailed persons.
Following these directions, the high court had taken suo motu cognisance of the issue.