Author – Samira Rahman

The prisons in Bangladesh have many deficiencies. One of the most sensitive yet least-known shortcomings is the misery of the babies living inside prisons. Under current penal policies, children of incarcerated mothers can live with their mothers within the confines of prisons for up to six years. It has been reported that around 304 babies are living with their parents in prisons and these babies are deprived of a typical healthy family environment (Prothom Alo, 19 December 2023). These children can be called ‘victims of punishment drift’, since the negative consequences of legal punishment of their mothers are extending beyond the alleged individual offender and affecting their children who did not commit any crime. These children are often deprived of a nutritional diet, adequate clothing, day-care, pre-schooling, and entertainment facilities. In fact, the miseries of prison babies indicate a form of structural violence that is affecting physical and mental growth, hence reducing their human potential.

A recent report illustrated the plight of a child whose mother was imprisoned in the condemned cell of Habiganj jail. 10-month-old Mahida lived in a cramped cell with her mother and two others. The cell consisted of no windows, no mosquito repellents, and a high-power bulb that stayed on all day. Sharing one bucket of water with each cellmate, Mahida and her mother lacked adequate hygiene facilities. When this report circulated in newspapers, the high court issued a rule asking why there shouldn’t be regulations to ensure the physical and mental well-being of children in 2023. In reply to this, the Habiganj Jail Super submitted a report stating that there are already sufficient facilities being provided to the mentioned child and others. (The Daily Star, 23 January 2024)

There are instances of corruption and prison business inside these prisons, where the basic facilities that are supposed to be given to the children are withheld by the senior inmates for money. Brishti (pseudonym), a former inmate, reported how her child was given a single chicken neck a day whereas she was supposed to get adequate protein intake every day. She insisted that she did not know how to buy the favors of senior inmates at that time. Another prisoner was served with bitter gourd for dinner, who had a seven-month-old child with her (The Daily Star, 20 October 2017).  An NGO teacher of Cox’s Bazar Central Jail said that the prison babies suffer from malnutrition as they don’t get enough protein and carbohydrates. A female detainee in Chittagong Central Prison said that they don’t get winter clothes for their children. (Jugantor, 23 January 2018)

Besides these violations of basic human rights, children can also be subjected to considerable mental trauma. According to psychologists, they can grow up thinking that they themselves, along with their mothers, are criminals. They also witness violent quarrels among other prisoners and hear slang, which can have an adverse effect on their behavior. After getting out of prison, some are transferred to orphanages. However, many of them might struggle to blend in with mainstream society, as our society is still obsessed with the punishment of criminals rather than rehabilitation. Detained prisoners and their families are perceived as bad human beings even before their crimes are proven.  The IG Prisons agreed that these children do not get counselling facilities or enough guidance that is needed to reintegrate into society. There is a lack of governmental and non-governmental initiatives regarding this issue (BBC Bangla, 26 June 2017).

The children are kept in overcrowded prisons where the population is two and a half times their capacity. It is to be noted that out of 100 prisoners, more than 81 are under-trial prisoners. This means that a large number of detainees are prisoners whose crimes have not been proven yet. There are also instances of arresting children along with their parents, even when they are not accused of any crime. On 7 February 2023, 15 members of the same family were detained in Kurigram prison, where 5 of them were little children. As there were no family members to take care of these kids, they were forced to serve a prison sentence along with their parents (Bangla Tribune, 14 March 2023). What’s more alarming, there are 168 children of Bangladesh living in West Bengal prisons whose mothers were arrested for trespassing. The Bangladesh government has not yet taken any measures to bring those children back. (The Daily Star Bangla, 26 July 2017)

The prison children of Bangladesh, however, do get some facilities. Among 68 prisons, only 10 have schools and day care centres, which are run by Bangladesh Shishu Academy and Oporajeyo Bangladesh. Besides having access to pre-schooling facilities, Shishu Academy sometimes arranges art and sports competitions. On special occasions like Eid, they get new clothes.

Insights into Laws Regarding Prison Babies

In the Writ Petition No. 2316 of 2012, the High Court Division issued a rule stating that there shouldn’t be any children inside jails.  Even when a child is convicted, she/he is supposed to be sent to a rehabilitation centre. So, it goes against the law to keep prison babies with their mothers in jail. But it also raises a moral dilemma- should a child be separated from its mother at such a young age?  And if not, then should little children be allowed to share cells with hardened criminals in such overcrowded and unhealthy prison systems?

In England, there are separate mother and baby units in prisons where a nurturing environment is offered, and women prisoners experience an increased level of attachment with their children, which lessens the rates of recidivism among prison mothers. Having access to separate rooms, gardens, arts and crafts activities, and other entertainment facilities, the prison babies have a better living standard. The Supreme Court of India issued some specific guidelines, such as ensuring a brief respite from custody for the delivery of pregnant mothers, providing adequate recreational, educational, food, clothing, medical care, and other basic facilities to prison children. In Finland, a child welfare authority has to first approve and supervise the whole process of keeping a child in prison. This country transitioned its MBUs into ‘family prison units’ and the authority of overseeing the well-being of these babies is not placed on the prison authority, but the National Institute for Health and Welfare. There are also child welfare workers assigned to those places.

Ireland’s prison laws state that a mother can keep the child up until 2 years old, and upon the transfer of the babies, the parents or guardians can get a monthly payment for the welfare of the children known as ‘child benefit’. Another Scandinavian country, Sweden, has several open prisons where children, along with their mothers, can live in dormitory-style buildings. The inmates of these rehabilitative prisons have much more freedom, and they can easily access family visits under monitoring, entertainment, and educational facilities, etc.

According to section 89 of the Shisu Ain 2013, (the Children Act, 2013) of Bangladesh, ‘the child dependent on the parents imprisoned or living in the prison with the imprisoned mother’ is referred to as ‘disadvantaged children’. Section 84 focuses on alternative care of the child, stating that these children are either supposed to be reintegrated with their parents or extended family and if that’s not possible, to any social care institute. Section 86 states that the National Child Welfare Board shall determine the most appropriate means of alternative care. However, no such policies and specific regulations were determined specifically for prison babies. While the focus is on alternative care, no section of the Children Act established the needs and rights of pregnant mothers and their infants living in prisons. The Rule issued in 2013, after Mahida’s case came to light, addressed this specific limitation. The government agencies just submitted a report, and nothing came of it.

Conclusion and Avenues for Reform

Apart from the central prisons, the day care and pre-school facilities are not available in Bangladeshi prisons. In the absence of proper laws, no one can be held accountable for violating laws. Below are some policy recommendations on what can be some reforms-

1. The pregnant and the female convicts with children below six years old should be released on probation by the sentencing court under the Probation of Offenders Ordinance, 1960.

2. Female prisoners with children below six years should be released on bail immediately by the Court passing the sentence after being notified by the Jail Super.

3. A specialized mother and baby unit can be established in all women prison where the mothers, along with their ‘disadvantaged children’, will be transferred from other jails.

4. An open prison can be established where children can freely roam around along with their mothers, having access to necessary facilities for their well-being.

5. The Shishu Ain 2013 (Children Act, 2013) must be amended to include provisions that will make it mandatory for prison officials to provide disadvantaged children with appropriate food, clothing, pre-schooling, day care, and entertainment facilities.

6. Ensuring proper pre- and post-natal care for pregnant mothers in jail.

It is to be noted that Bangladesh is a signatory to the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC provides generally that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” The current and previous governments of Bangladesh have so far not succeeded in putting the interests of these disadvantaged children first before determining the policies concerning their care. No human beings should suffer for the alleged crimes committed by their parents, let alone innocent children. It is the state’s responsibility to formulate proper laws and ensure the proper physical and mental growth of prison babies.

Reference:

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