LEGAL PROTECTION OF CHILDREN OF INCARCERATED PARENTS-A MODERN DAY NECESSITY

ABSTRACT Children of imprisoned parents are often considered as forgotten children and ignored victims of justice (Joan P., 20015). In India, children younger than 6 years are often brought to remain with mother inside the prison custody (Robertson O., 2008).According to Greenfield and Snell,approximately 7 in 10 women under correctional sanction in India have a child who is under the age of 18.These vulnerable children face tremendous difficulties and special needs demand attention. Therefore, in the present study, the authors have attempted to explore the phenomenon of parental incarceration and its impact on children of incarcerated parents in the light of the legal provisions made for protection of such children; and to devise legal solutions towards meeting the needs of these children and their families.The authors have used a doctrinal method of research and utilized material from secondary resources. The article traversesthe conceptualization of the issue, identifies the legal and social challenges involved and delves into a comparative study of the legal provisions made for children of incarcerated parents in various countries of the world, including Australia, Canada, China, England, France, Japan, Singapore, Sweden, and Switzerland. The article then orients itself at the legal provisions present in India for protection of such children. A constitutional perspective is also taken on the issue and exigency for a separate legislation for the protection of children of incarcerated parents in India is proposed. Certain provisions of the Juvenile Justice Act, 2015 are also proposed to be extended to such children. The ultimate goal is to reorient the approach of the legal justice system towards the families of incarcerated persons.