INFANTS incarcerated along with their convicted mother with little to no access to child development services, says aplenty about the jail system in Bangladesh. The issue came to light following a public interest writ petition filed before the High Court on December 17 seeking the status of a 10-month-old infant languishing in a condemned cell with her mother. On October 26, the Women and Children Repression (Prevention) Tribunal awarded a death sentence to an infant’s mother in a murder case. The High Court, in a commendable move, asked the government to explain in four weeks why rules should not be framed for the mental and psychological development of children detained along with their mothers in 68 prisons across the country. The court has also ordered the ministries concerned to submit a report in four weeks about the status of children and the existing facilities for them living under such circumstances. According to the Department of Prisons, a total of 304 children under the age of 4 have been staying in different jails with their convicted mothers. The general lack of initiative is suggestive of the jail authority’s indifference towards the wellbeing of the prison population.

Legal aid organisations as well as women with experience of incarceration have often raised concern about the unfriendly prison system and the fact that they don’t have access to basic sanitation and hygiene services. Occasionally, there are also reports on the sufferings of pregnant women in jail. In public discussions on jail reform, women have talked about their struggles to access safe water, clean bathrooms, and maintain menstrual hygiene. These women’s children join them if they are too young to live separately or if there are no family members to take care of them outside. The children spend the first six years of their lives within the prison walls and then leave to stay with relatives or end up in a government shelter. In some cases, the prison has a child care centre and education programme, but it is uncertain whether children in condemned cells have access to the centre. There are also allegations that the special meal allocated for these children often does not reach them. Clearly, children growing up in this environment suffer for no fault of their own.

The government must, therefore, take the court directive seriously and submit the report about the status of children with convicted mothers in prison in due time. The authorities must immediately consider formulating rules for such a child population growing up in jail and ensure their mental and general wellbeing. At the same time, the government must pay attention to the particular needs of women, which include access to gynaecological care, maternal health care, and menstrual hygiene, among other things.