Sweeping changes recommended in scheme to assist children with jailed parents

New delhi: Noting that the current scheme for providing financial assistance to the children of parents who are in jail was unsatisfactory, inaccessible, and lackadaisical, the Delhi Commission for the Protection of Child Rights (DCPCR) has recommended a slew of amendments to the Financial Sustenance, Education and Welfare of Children of Incarcerated Parents, 2014.

The design and formulation of the scheme, particularly its narrow eligibility criteria, unreasonable, rigid grounds of revocation, amount of financial support available were found to be defeating the intent and purpose of the legislation, which is to provide support and succour to these children, the DCPCR said while making the recommendations.

As per DCPCR, the current design of the scheme allows its application only if both the parents are arrested and in jail or if the only surviving parent is in jail. However, children with single parent incarceration are equally vulnerable, given the high social and economic cost of incarceration. Therefore, children with any one or both parents in jail should be eligible for financial assistance under the scheme.

DCPCR Chairperson, Anurag Kundu said, "Commission is of the considered opinion that the Scheme needs to be amended to address the challenges and ensure the children of the incarcerated parents do not suffer and can grow socially, emotionally and academically."

According to recommendations the five-year residency criteria under section 4(b) should also be deleted. Proving residency of five years can be intimidating particularly for families belonging to the economically weaker section. If the parents of the children happen to be residing in Delhi at the time of arrest, children should be eligible under the scheme.

"The eligibility criteria under section 4(d) requiring the annual income of the incarcerated parent from all sources to be under Rs 2,00,00 be dropped and the scheme be made agnostic of the income limit as there is a very high degree of likelihood of loss of employment necessitating the financial assistance for the children," DCPCR said.

The Commission also recommended increasing allowance for the first child to Rs 4,000 a month and then Rs 3,500 per child for each subsequent child. "In case a child is placed with a fit institution, then such a child will not be entitled to receive additional financial assistance," the Commission wrote.

As per the Commission, section 6(B) should be amended to include reimbursement of tuition fees by the Government. An additional sub clause 6(C) be added to attribute responsibility on DCPO to ensure children receive assistance under section 6(B) and continue their education for the academic year. They shall also ensure that children get admitted to the nearest government school if the family cannot afford the fee further.

As per the child rights body, instead of immediately revoking the assistance when an incarcerated parent is released from jail, it should be made available for at least three months after the release of the incarcerated parent. However, assistance in terms of fee waiver should continue till the end of that academic session, March 31, to prevent any educational disadvantage to the child.

Anurag Kundu said, "These children are some of the most vulnerable and therefore it becomes our duty to do whatever we can for them. The amending scheme would be a good beginning point."