Little stars with hope

According to a recent survey it has been noted that there are 17 children incarcerated in Central Jail Karachi

Stars like Faizan, Nauman and Bismaand many more who are incarcerated; their eyes had one question, what’s beyond these huge walls? What’s that noise? While the world outside celebrates different events these innocent souls remain caged and are not aware of any of it. Sleeping with the “HOPE” that one day they will wake up to a normal life, where a child is at liberty to play as much as he wants, to demand for new clothes, toys and food. The thought that keeps disturbing them is that “do theyhave a normal life”? Since they are not like a free bird to roam on their own, they are controlled by people who are neither blood relatives nor teachers but they have to listen them.

There are so many unsolved queries in mind and the foremost among them is “WHY”? Why they have been caged for months or years, why they are confined, when they desire to go beyond these boundaries and explore the normal world and live a normal life. These unsolved questions have led to many problems such as mentalpain, stress and anti-social behavior. This prison has caused so much harm that they cannot even answer simple questions, they are not able to answer and tell their names. Why do they fail to answer such simple question, maybe because they do not have any identity anymore or, perhaps they do?

According to a recent survey it has been noted that there are 17 children in Central Jail Karachi, the overall number across Pakistan is around 200. As per the data collected through survey where some of the mothers of these incarcerated children averred that, which is correct to say as per “Section 401 CrPC” but this power is exercised rarely. One of the women (mother of 5 children) begged to send her children to a welfare institute so they could have a better life. It is pertinent to mention that none of the women in Central Jail Karachi are convicted but due to the flawed system, they have been in jail for 5 years or more now.

Incarcerated children are the collateral damage, they do not fall in the category of offenders, they are not suspect but nevertheless are incarcerated and not spoken of at any forum. The issue is, “do they have an opportunity to be heard”? Does the right guaranteed under Article 10-A of Constitution of Pakistan is so restrictive that it doesn’t cover the children? During early childhood they are incarcerated for the offence they didn’t even commit.

Under Pakistan’s Prison Rules “women prisoners shall be allowed to keep their children with them in prison till the age of three years.” The provinces of Punjab, Sindh, and Khyber Pakhtunkhwa are exempt from the general rule and women prisoners are “allowed to keep their children with them in prison till they attain the age of six years.” However, according to a statement by a Pakistani children’s rights organization, in practice

It is reported that there are some children who stay up to ten years. Cases in which women have killed their husbands or relatives of their husbands cannot find anyone outside to look after their children when their children reach six years, and the prison authorities tend to have a lenient view regarding the stay of children; therefore children even of 10 years age are reported as staying with mothers in prisons.

Female prisoners are permitted to keep children with them in Jail until the age of 6 as per the law, but children above 6 are seen to be incarcerated in Jail with mothers, same in the case of Juvenile system. The Assistant Superintendentof central Jail Karachi stated that “once they reach a certain age i.e. Six years, we send them to a welfare organization or to relatives if any. It is suggested that these children should be send to a welfare organization and the same was accepted by most of the mothers. It is an admitted fact that children have specific requirements in different development stages of their lives, fulfillment of which are crucial for the formulation of healthy values, attitudes and behaviors as productive adults As these innocent children don’t have basic facilities such as medical treatment let alone other rights and privileges.

These little stars are the future of Country but would they be able to make their very own future, the answer is not known. Imagine a child whose entire childhood had passed in a prison. He/she has languished in a prison cell and perhaps, at some point, became the cell mate to some notorious and hardened criminals. The repercussions of spending childhood in a prison is beyond one could comprehend. Someone who has spent their entire childhood in a prison would struggle with leading a normal life. Because, who knows what awaits when they get out of the prison? Multiple challenges await them in the world outside. According to research, children who have both a father and mother incarcerated exhibited significant increase in depression and anti-social behavior.

They shall never be treated as prisoners once they get released from prison. It is necessary that their environment shall be as normal as the world outside the prison. The question whether children are to accompany their mothers or parent must be based on individual assessments and the best interest of child. Now is the time to ponder on the issue and take the step that include amending the rules because the rights of little stars shall not be neglected at any cost.

The writer is a practicing lawyer and currently working in a law firm namely, (Shahid Anwar Bajwa and Co).

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