Teesha
The Gauhati High Court noted that there are number of women prisoners with children below six years who continue to languish in jails amid the second wave of the COVID-19 Pandemic after having been declared foreigners.
The children were also lodged in the jail with their mothers since the Jail Manual permits children less than 6 years to stay with their mothers in jail.
The High Court previously sought the State Government’s response to give details of the mothers, declared foreigners in jail with their children below 6 years.
The Court also asked the government to give the persons eligible to be released from jails in the view of pandemic and as per the guidelines of the Supreme Court.
A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak ordered thus:
“Learned State counsel has given certain details of persons who are in jail and having children. These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail. Learned State counsel shall give the details of all such persons who have been declared as foreigner and the period for which they have been put in jail to Mr. J. Payeng within 48 hours.”