• Randhir Singh Ranta

Children of incarcerated parents are frequently considered as "forgotten children" and "victims of justice" (Joan P., 20015). In India, children under the age of six are frequently placed into prison custody with their mothers (Robertson O., 2008). According to Greenfield and Snell, roughly 7 out of 10 women in India who are incarcerated have a kid under the age of 18. These vulnerable children endure numerous challenges, and their specific requirements necessitate special attention. As a result, the authors of this study attempted to investigate the phenomenon of parental incarceration and its impact on children of incarcerated parents in light of legal provisions designed to protect such children, as well as devise legal solutions to meet the needs of these children and their families. The writers conducted their research using a doctrinal approach and material from secondary sources. The article delves into a comparative analysis of the legal provisions made for children of detained parents in many nations throughout the world, including Australia, Canada, China, to identify the legal and social problems involved. The study then focuses on the legislative safeguards in place in India to protect such children. A constitutional perspective is also taken on the matter, and the need for a separate law in India to safeguard children whose parents are incarcerated is recommended. It is also proposed that certain elements of the Juvenile Justice Act of 2015 be extended to such children. The ultimate goal is to refocus the legal justice system's approach to incarcerated people's families.

RIGHTS OF CHILDREN OF INCARCERATED PARENTS: A CONSTITUTIONAL PERSPECTIVE

"RIGHTS OF CHILDREN OF INCARCERATED PARENTS: A CONSTITUTIONAL PERSPECTIVE", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 3, page no.618-626, March-2018, Available :http://www.jetir.org/papers/JETIR1803365.pdf

"RIGHTS OF CHILDREN OF INCARCERATED PARENTS: A CONSTITUTIONAL PERSPECTIVE", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 3, page no. pp618-626, March-2018, Available at : http://www.jetir.org/papers/JETIR1803365.pdf