The court established that the rights of children residing with incarcerated parents must be prioritized, necessitating comprehensive support systems to ensure their education and holistic development.

JUDGMENT :

(Ajay Bhanot, J.)

Ref: Criminal Misc. Correction Application No. 2 of 2025

Heard.

Correction application is allowed.

Necessary correction has been incorporated in the order dated 20.01.2025. The correct order shall read as under:

The judgement is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction

1. Rights of children who get confined to jail with their parents consequent to rejection of bail of the latter arise for consideration in this case (apart from other grounds for bail).

II. Submissions of learned counsels for the parties

2. Shri Rahul Upadhyay, learned counsel for the applicant made the following submissions:

i. The applicant’s daughter who is 5 years of age is residing with her in prison after her incarceration. The rights of the applicant’s child flowing from Article 21-A of the Constitution of India read with other beneficial legislations are being violated on account of her confinement in prison.

ii. The prison does not have requisite support systems to ensure the holistic growth of the minor child as contemplated in the aforesaid provisions of law.

iii. In view of the above the jail stay will cast a shadow on the child’s life and mar her future.

iv. The applicant is entitled to bail on this ground alone.

Submissions on behalf of State

3. Shri Ashok Mehta, learned Additional Advocate General assisted by Shri Paritosh Kumar Malviya, learned AGA-I made the following submissions:

I. The State Government have an unconditional commitment to provide a congenial environment and build adequate support systems as contemplated under the Constitution and in various beneficial legislations for children who reside in jail consequent to imprisonment of their,[their” is being used as a gender inclusive Pronoun in place of “his” or “her”. “Their” is used as a singular in such situations. [see : Time (Everything You Ever Wanted to Know About Gender-Neutral Pronouns)]parent.

II. The State Government shall make all endeavours to realize the fundamental rights of the said class of children as enunciated in holdings of constitutional courts and the rights vested