Children

Accompanying
Mothers in Jail
A Research Study

Author: Sarah Javeed

Save the Children envisions a world in which every child attains the right to survival,
protection, development and participation.

Our mission is to inspire breakthroughs in the way the world treats children, and to
achieve immediate and lasting change in their lives.

Copyright: 2011 Save the Children Sweden

Design: MicroArts Pvt Ltd.
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Author: Sarah Javeed
Edited & Reviewed by: Mariam Jamal
Published by: Save the Children Sweden
Pakistan Programme Office
P.O. Box 307, F-8 Markaz Islamabad
Confinement does not guarantee prosperity
but un-restricted oppurtunities do.
 Children Accompanying Mothers in Jail

TABLE OF CONTENTS
Message of the Country Director
Message of the Country Director............................................ 2
Executive Summary
Executive Summary.................................................................. 3
1.0 Background
1.0 Background......................................................................... 7

2.0 A Research Study

2.0 A Research Study................................................................ 9
2.1 Objectives of the Study........................................................................ 9

2.2 Study Methodology.............................................................................. 9

3.0 Findings of the Study

3.0 Findings of the Study......................................................... 11

3.1 Demographic and Socio-Economic Characteristics of Mothers and

Children...................................................................................................... 11

3.2 Mothers' Legal Status and Reasons for Imprisonment.................... 12

3.3 Existing Situation and Needs of Children in Prisons........................13

4.0 Conclusion and Recommendations
4.0 Conclusion and Recommendations................................. 17
Annexure
Annexure 1
1............................................................................... 19

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 Children Accompanying Mothers in Jail

Message of the Country Director

Message of the Country Director

Every year scores of children walk into the bleak environment of the jails, obliviously
holding the hands of their mothers and just like that the four walls of the jails become
their new home. On the other hand, there are also examples of those children who have
never known a home other than the cell in which they were born to their imprisoned
mother.

These children neither have the right to choose the environment in which they grow nor
do they have the freedom to socialize to acquire life skills having acquaintance with
which is the right of every child.

Keeping this state of affairs in mind, Save the Children Sweden initiated a research with
the key objective of identifying the principle needs of children who accompany their
mothers in prisons of Khyber Pakhtoonkhwa (KPK). Save the Children Sweden hopes
to make use of the findings of this study to assist the Provincial Human Rights
Department of KPK to formulate interventions that will alleviate the plight of these
innocent children.

There are a number of individuals who have played a pivotal role in materializing this
research. First and foremost I extend heartfelt gratitude to Mr. Khuram Gondal, Senior
Programme Manager Child Protection and Child Rights Governance, Save the Children
Sweden. His technical support and overall supervision of the process deserves immense
appreciation.

It is hoped that the lessons and the learning that have been derived through the course
of this research will go a long way by understanding the issues pertaining to children
accompanying their mothers in jail and resolve this dilemma on priority basis.

Ghulam Qadri
Country Director
Save the Children Sweden - Pakistan Programme

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 Children Accompanying Mothers in Jail

Executive Summary
Executive Summary

Pakistan has a total of 97 prisons with the authorized capacity of 41, 873, while in
actuality the population of these prisons is 92013 (as on 31.12.2008). Amongst these 97
prisons, there are no jails for women or special jails for hardened criminals, terrorists and
militants. General conditions in the prisons show a deplorable state of basic services,
such as, clean drinking water, health, hygiene, sanitation and food. Overcrowding
inevitably adds to the already unhygienic conditions, as many of the prisons do not have
proper sewerage systems. The segregated portions within the prisons for women
prisoners present an even worst example of the fundamental right with respect to the
inviolability of human dignity. It is not only the women inmates who are confined to live
in such conditions but also their infant children, some of whom are given birth in the
same congested premises.

In view of the prevailing situation of prisoners in most parts of Pakistan, and in

particular the plight of vulnerable groups like women and children, it is of utmost
importance to address their needs on urgent basis. It is a recognised 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 behaviours as
productive adults.

Accordingly, Save the Children Sweden conducted a study in this regard with the
primary objective of identifying the various needs of children accompanying their
mothers in prisons of Khyber Pakhtoonkhwa (KPK). The findings from the research
will assist the Provincial Human Rights Department of KPK and Save the Children
Sweden to formulate interventions that can improve the conditions of these children
and facilitate in up lifting their plight.

According to the information compiled by the KPK Human Rights Department, 33

women were in 9 prisons of various parts of the Province, who had one or more infant
(less than one year old) or child living in jail with them. A total of 47 children were with
their mothers amongst the 33 recorded imprisoned mothers. Out of these, 24 women
had 1 child accompanying them in prison followed by 4 with 2 children, 3 with 3 children
and 1 mother in Bannu who had 5 children living with her in jail. These children who
were living with their mothers were quite young ranging from 4 to 13 years in majority of
the cases. The youngest child was less than one year old.

These women had been imprisoned for a variety of causes ranging from drug trafficking

20
3
 Children Accompanying Mothers in Jail

To murder of their husbands, assistance in terrorist activities to zina (adultery), theft,

sexual abuse and kidnapping. All the respondents belonged to lower income brackets,
mostly housewives, with the exception of a few who were engaged in some kind of
skilled-based income generating activity such as tailoring or domestic help.

As for the condition of children themselves, majority of them had been with their
mothers since their imprisonment, while 3 had been born in the facility. Children and
infants were mostly not provided any special diet, such as, milk on a regular basis except
in Peshawar Jail, where milk, biscuits and candies were provided to the children daily.

There were no specific medical services for women or children. There was only one
male doctor available in case someone required medical attention while only in six cases
the respondents claimed that there was a female doctor in addition to the male doctor.

There was no concept of any leisure or recreational activities specifically for children.
Either the children played with one another or just hung around their mothers or the jail
premises allocated for the women.

In addition to the indifferent attitude of the prison staff, these women and their children
were also more or less neglected by their families. The visits by family members were
either quite seldom and irregular or no visits at all.

Finally, most of the mothers wanted some kind of improvement in fulfilling certain
needs of their children especially in context of additional food requirements, clothes
and medicines.

In view of the above findings, it has been concluded that the dismal state of affairs
demands immediate attention to improve the plight of the children who accompany
their mothers in jails. First and foremost the dietary requirements as well as other basic
needs like hygiene and proper clothing need to be addressed.

Moreover, there is a definite need to ensure the provision of and improvement in basic
services, such as, health and education for these children as well as for their mothers.

Similarly, child friendly spaces should be introduced exclusively for children, where they
can play and also be amongst other children rather than being over-exposed to other
adult inmates.

Local human rights NGOs should be encouraged to provide services in prisons for
women and children, and contact should be established with those already engaged in

4
 Children Accompanying Mothers in Jail

such programmes to further expand and scale up their activities with the women and
children.

Jail authorities and staff members should be provided sensitization and awareness
sessions pertaining to gender and child rights issues with focus on addressing the
everyday needs of the children in a compassionate and proactive manner.

The Jail Manual needs to be reviewed in the context of the actual needs of the prisoners
especially of women and children. Rules like age of the child accompanying mother in
prison as well as addressing needs of infants and children with mothers should be
addressed specifically.

Finally, reintegration of children living in prisons with their mothers in the mainstream
society is another subject which should be addressed as these children spend years in
confinement and might be unable to cope with regular life out of prison either when
separated from their mothers at some point in time or when the mother's sentence has
ended.

20
5
 Jails are not meant for confinement that deprives
children of their basic rights to survival, development,
protection and participation.
 Children Accompanying Mothers in Jail

1.0 Background
1.0 Background

Pakistan has a total of 97 prisons with the authorized capacity of 41,873, while in reality;
the prisoners' population is 92,013 (as on 31.12.2008). Amongst these, in 97 prisons,
there are no jails for women or special jails for hardened criminals, terrorists and
militants1. General conditions in the prisons show a deplorable state, with lack of basic
services like clean drinking water, health, hygiene, sanitation and food. Majority of the
prisons in Pakistan are faced with the problem of housing inmates far exceeding the
number than what each of them was designed for. This overcrowding adds to the
already unhygienic conditions, as many of the prisons do not have proper sewerage
systems. The segregated portions within the prisons for women prisoners present an
even worse example of the violation of the fundamental rights with respect to the
inviolability of human dignity. It is not only the women inmates who are confined to live
in such conditions but also their infant children, some of whom are given birth in the
same overcrowded premises. 2

Table-1 shows a breakdown of the prisons in the country province-wise, their designed
capacity and the actual number of inmates.

Table-1: Number of Prisons According to Provinces and Actual Population

Province Prisons Authorized Total

Accomodation Population
Punjab 32 21,527 59,965
Sindh 21 9,860 18,086
KPK 22 7,938 8,873
Balochistan 11 1,845 4,113
Northern Areas 5 173 430
Azad Kashmir 6 530 546
Total 97 41,873 92,013

1
Fasihuddin, Pakistan Society of Criminology, 2008
2
Athar Minallah, Overcrowded Prisons, Seventh ACPF World Conference, Crime Prevention and Criminal Justice,
New, Delhi, November 1999

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 Children Accompanying Mothers in Jail

Table-2 shows the number of prisons and their legal status province-wise.

Table-2: Legal Status of prisoners according to provinces and gender

Under Juvenile Foreigners Drug Users/

Trial Convicted Condemned Traffickers
Province
M F M F M F M F M F M F
Punjab 34,406 447 11,440 303 5,567 169 991 8 350 - 6,108 176

Sindh 13,100 95 1,729 6 228 1 382 1 552 38 1,901 53

KPK 3,059 71 2,552 11 177 2 284 - 35 6 2,579 97

Balochistan 1,144 4 1,686 14 159 - 91 - 220 - 794 1

Northern Areas 351 - 27 - 2 - - - - - 50 -

Azad Kashmir 377 15 73 - 53 - 3 - 3 - 22 -

Total 52,437 632 17,507 334 6,186 172 1,751 9 1,160 44 11,454 327

The laws dealing with the establishment and management of prisons are outdated. The
Prisons Act was enacted in 1894; the Prisoners Act in 1900; the Penal Code in 1860 and
the Code of Criminal Procedure in 1898. The Jail Manual, which consists of rules
enacted in 1978 under the provisions of the Prisons Act, is not appropriately drafted. It
fails to take into account the modern philosophy of rehabilitation with regards to
incarceration. Many of the provisions of the manual are self-contradictory and simply
cannot be enforced. 3

Pakistan has a written Constitution, which guarantees fundamental rights. Article 9 of

the Constitution guarantees that no person shall be deprived of life and liberty, while
Article 15 provides for freedom of movement, subject to any reasonable restriction
imposed by law in public interest. The justification for withdrawing certain rights
enjoyed by free citizens is to prevent them from either harming themselves or others.
However, while the withdrawal of certain rights is essential for this purpose, this does
not deprive them of their fundamental rights nor does it entitle others to treat them in
an inhuman and degrading manner. When a person is confined, in accordance with the
law, the conditions of the confinement ought to meet the requirements as are desired for
the treatment conforming to the norms of humanity and for the purpose of upholding
the dignity, as declared inviolable under Article 14 of the Constitution. 4
3
Anees Jillani, Daily DAWN, State of Prisons in Pakistan, December 2009
4
Athar Minallah, et al

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 Children Accompanying Mothers in Jail

2.0 The Research Study

2.0 The Research Study

2.1 Objectives of the Study

The primary objective of this study is to identify the various needs of children
accompanying their mothers in prisons of KPK. The findings from the research will
assist the Provincial Human Rights Department of KPK and Save the Children Sweden
to formulate interventions that can improve the condition of children living in prisons
with their mothers.

2.2 Study Methodology

Sample Size
According to the information compiled by the KPK Human Rights Department, 33
women were in 9 prisons of various parts of the Province, they had 1 or more infant
(less than one year old) or child living in jail with them. A total of 47 children were with
their mothers amongst the 33 recorded imprisoned mothers. Table-3 gives details of the
various 9 jails according to the number of mothers and children.

Table-3: Jails according to Districts, Mothers and Children

No. District-wise Prisons No. of Mothers No. of Children

1 Central Jail, Peshawar 6 7

2 Sub Jail, Charsadda 2 2
3 District Jail, Mardan 2 4
4 Temergrah 3 4
5 Central Jail, Haripur 9 10
6 Mansehra 3 3
7 District Jail, Swabi 1 1
8 Dagar (Buner) 5 10
9 Bannu 2 6
Total 33 47

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 Children Accompanying Mothers in Jail

Data Collection
Information was collected through a semi-structured open-ended questionnaire, with
the imprisoned mothers as the primary respondent. The questionnaire focused on the
demographic characteristics and socio-economic conditions of the respondents, the
situation of their children who were accompanying them especially in the context of
basic needs like food, education, health, recreation etc any influence due to the social
environment in prisons, and finally, mothers' expectations in terms of the needs of their
children during their stay in prisons.

The survey was conducted by researchers from the Human Rights Department KPK
with prior permission from the concerned Jail Authorities to visit the mothers in each
prison. The collected information was manually collated for the analysis purposes.

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 Children Accompanying Mothers in Jail

3.0 Findings of the Study

3.0 Findings of the Study

The findings of the research have been divided into three main sections, while the final
section deals with the conclusions and recommendations that emerge from the main
findings. These sections are as follows:

1. Demographic and socio-economic characteristics of mothers and children

2. Main reasons for imprisonment and current legal status of mothers
3. Existing situation and needs of children

3.1 Demographic and Socio-Economic Characteristics of Mothers and

Children

Majority of the interviewed mothers were currently married (26), four had been
imprisoned on charges of murdering their husbands while three were separated due to
various reasons. Most women were in young age bracket of 15 to 30 years.

Table-4 shows details of the age groups of the mothers.

Table-4:Age Groups of the Interviewed Mothers

Age Groups of Mothers Number of Mothers

15 to 20 years 3
21 to 25 years 9
26 to 30 years 12
31 to 35 years 2
36 to 40 years 4
41 to 50 years 3
Total 33

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 Children Accompanying Mothers in Jail

A high number of the respondents were illiterate (29) while only 4 who had received any
kind of elementary education (3 primary and 1 middle or 8th grade).

Although 24 women had only 1 child accompanying them in prison, (followed by 4 with
2 children, 3 with 3 children and 1 mother in Bannu who had 5 children living with her in
jail) most of the women had more than one child, who was left behind with the family
when she was imprisoned

As most of these women were in young age brackets (as shown in Table-4), the children
they had left behind were also quite young ranging from 4 to 13 years in majority cases,
while the youngest child accompanied by the mother in jail, was generally between 1 to 5
years of age. Only 8 mothers had children with them who were over 5 years and less than
9 years.

Out of the 47 children with their mothers in 9 jails, 24 were boys and 23 were girls. It is
significant to mention here that according to the Jail Manual, a child above 5 years of age
is not permitted to live with the mother while she is in prison. But this rule does not seem
to be practically observed in many cases as the imprisoned mothers did not have proper
support system that could take the responsibility of their children during the mother’s
imprisonment. (Annexure-I gives detail of age and gender of children living with their
mothers in prisons).

according to the Jail Manual, a child above 5 years of age is

not permitted to live with the mother while she is in prison.
But this rule does not seem to be practically observed in
many cases as the imprisoned mothers did not have proper
support systems that could take the responsibility of their
children during the mother's imprisonment.

3.2 Mothers' Legal Status and Reasons for Imprisonment

There were very few interviewed women who had been in prison for more than 1 year. A
total of 5 had been in the prison facility for less than a month, while 20 had been there

12
 Children Accompanying Mothers in Jail

for less than a year. The maximum term served so far had been 5 years by 1 woman.
Seven respondents said that they had previously been in some other prison facility
before being transferred to the present, for the remaining 25 this had been the only
prison so far.

Table-6 provides further detail on the number of years of the mothers in the prison.
Table-6: Mothers' Duration in Prison

Number of Mothers Number of years

5 Less than 15 days

20 Less than a year
3 1 year
5 3 years and more
33

A total of 23 respondents were still under trial and 10 had been convicted.
Unfortunately, as majority of these women were illiterate, they were unable to provide
accurate information about their exact legal status. Of the 33 respondents, 9
respondents claimed that they still did not have any lawyers and had not met anyone so
far concerning their case(s). Probably, many of those respondents who said they did not
have a lawyer included those who had already been convicted. Only 14 respondents had
private lawyers and 3 had been provided lawyers by the State.

There was quite a variation in the type of charges and cases against the interviewed
respondents. A total of 11 women had been charged with drug trafficking, 4 had
murdered their husbands, while 4 women in Buner Jail had been charged for assisting
the Talibans. Remaining charges ranged from Zana, theft, sexual abuse to kidnapping.

All the respondents belonged to lower income brackets, who were mostly housewives
(25), while 8 were engaged in some kind of an income-generating activity like tailoring
or domestic help.

3.3 Existing Situation and Needs of Children in Prisons

Majority of the children (30) had been with their mothers since her imprisonment, while
only 3 had been born in the prison facility. Also, 1 of the respondents was currently

13
 Children Accompanying Mothers in Jail

pregnant. In general, the conditions in all the visited prison facilities were quite dismal.
However, in case of children, such low level conditions had a much more significant
effect both in terms of physical and emotional requirements. Out of 33 mothers, 29 said
that their children were sharing food with them and no extra meals were provided for
the children. Even infants and young children were mostly not provided any special diet
like milk on regular basis. In 9 instances in prisons of Dagar, Swabi and Tamargragh,
there was no milk provided to the children. In Mansehra, milk was given to the children
twice a week (6 cases), in Haripur twice a month (2 cases), and in 1 prison facility, the
mother reported that the child got 2 kg milk in two months. Only in Peshawar Jail, the
mothers said that their children were given milk, biscuits and candies on daily basis.

Most of the children were either infants or between 1 to 2 years of age, and were not at a
school-going age, however, it is important to mention here that there were no education
services available. A total of 9 women in Haripur Jail reported that there was 1 class
room and 1 teacher available for their children, while in Peshawar, 4 mothers said that
their children were provided books and education facilities by an NGO.

Out of 33 mothers, 29 said that their children were

sharing food with them and no extra meals were provided
for the children. Even infants and young children were
mostly not provided any special diet like milk on regular
basis. In 9 instances in prisons of Dagar, Swabi and
Tamargragh, there was no milk provided to the children. In
Mansehra, milk was given to the children twice a week (6
cases), in Haripur twice a month (2 cases), and in 1 prison,
the mother reported that the child got 2 kg milk in two
months. Only in Peshawar Jail, the mothers said that their
children were given milk, biscuits and candies on daily
basis.
In context of health provisions in the prisons, yet again, there were no specific medical
services for women or children. Out of 33 women, 27 said that there was a male doctor
available in case someone required medical attention, and only in 6 cases, the
respondents claimed that there was a female as well as a male doctor. However, general
medicines were available in most cases and could be asked for through the prison facility
authorities. In 11 instances, the mothers complained that even medicines were not
available.

14
Although almost all the mothers wanted to keep their
children with them during their imprisonment, with
the exception of 3 women, 2 of whom felt that a
shelter home would be a better place for their
children and another woman had planned to hand
over her child to her sister-in-law for his betterment.
 Children Accompanying Mothers in Jail

There was no concept of any leisure or recreational activities specifically for children.
Either the children played with one another or just hung around their mothers or the jail
premises allocated for the women. However, television was available in 3 prison facilities
only where children were watching the same channels as adults i.e. news or soap operas.
In 12 cases, the mothers said that there was no television in their prison facility. Only in
Haripur Jail, there were swings and slides where the children went to play. In Peshawar
Jail, the NGOs sometimes provided toys and other play items for the young ones.

According to a significant number of mothers, there were no issues of drugs, violence

or abuse in their immediate environment, but many were still concerned about the well-
being of their children. A good number of mothers (23) felt that a prison was not the
right place for young children and worried about the future of their children. Although
almost all the mothers wanted to keep their children with them during their
imprisonment, with the exception of 3 women, 2 of whom felt that a shelter home
would be a better place for their children. Another woman had planned to hand over
her child to her sister-in-law for his betterment.

Despite the fact that 27 of the respondents reported that the jail authorities and their
staff members generally displayed an adequate behaviour towards the children, but
there was a general feeling of apathy on their part. Very few mothers said that any staff
member actually showed affection with the children. While 6 mothers complained of
negative attitude of some staff members with the children.

In addition to the indifferent attitude of the prison staff, these women and their children
were also more or less neglected by their families. A total of 15 mothers said that no one
had come to visit them during the time they had spent in prison. Even in the remaining
cases, visits were quite seldom and irregular. Majority were also not provided any
financial assistance from their families (23), only 2 received Rs. 200 every month by their
families, just 4 got Rs. 500 once, while 2 were receiving Rs. 1,000 to 2,000 per month.

Most of the mothers wanted some kind of improvement in fulfilling certain needs of
their children especially in context of additional food requirements, clothes and
medicines. While 3 wanted monetary assistance so that they could manage to fulfill
some needs of their children, 2 wanted education services and 1 felt that children should
be provided separate space to spend time rather than confined totally with the adult
inmates.

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 Children Accompanying Mothers in Jail

4.0 Conclusion and Recommendations

4.0 Conclusion and Recommendations

This study reveals the general conditions of children who are accompanying their
mothers prevailing in 9 prison facilities of KPK Province. The findings indicate that
there are no special provisions available for children in almost any of the jails, therefore,
these children are compelled to share the same services which are provided for their
mothers including food, bedding, health and recreation. Education facilities were also
hardly available for children and even in those instances where some kind of services
was provided; none of them were regular or according to acceptable standards or
requirements.

The recommendations that emerge from the findings of the study are as follows:

The dietary requirements as well as other basic needs like hygiene, clothing etc.
need to be addressed. Young children should be provided regular milk and other
additional snacks which are required for the healthy growth of a child;

There is a definite need to improve the basic services for children like health and
education. Even the female inmates need to be provided with specific health
services like the availability of a female doctor. In context of education services,
multi-grade teaching techniques should be introduced with formal school
curriculums that can enable these children to continue their education even in
the future;

Child-friendly spaces should be introduced exclusively for children, where

children can play and also be with other children rather than being excessively
exposed to other adult inmates;

Local human rights NGOs should be encouraged to provide services in prisons

for women and children, and contact should be established with those already
engaged in such programmes to further expand and scale-up their activities;

Jail authorities and staff members should be provided sensitization and

awareness sessions pertaining to gender and child rights issues with focus on
addressing the everyday needs of the children in a compassionate and proactive
manner;

17
Children Accompanying Mothers in Jail

There is a need to look into the behaviours and attitudes of the imprisoned
mothers with children to assess their emotional well-being to gauge whether they
are healthy enough to keep their children with them. For example, the mother
with 5 children in Bannu prison is imprisoned on charges of sexual abuse or the 4
women who had murdered their husbands due to various reasons. There is a
definite need to provide counseling services for such women and assist them in
their emotional well-being;

The Jail Manual needs to be reviewed in context of the actual needs of the
prisoners especially of women and children. Rules like age of the child
accompanying his/her mother in prison as well as addressing needs of infants
and children with mothers should be addressed in a practical manner;

Reintegration of children living in prisons with their mothers in the mainstream

society is another subject which should be addressed as these children spend
years in confinement and might be unable to cope with the regular life out of
prison either when separated from their mothers at some point in time or when
the mother's sentence has ended.

18
 Children Accompanying Mothers in Jail

Annexure 1
Annexure 1

Gender and age of children accompanied by the mothers in KPK Prisons

Age of Child Boys Girls

Less than one year 4 4

One to two years 9 7
Two to four years 5 5
Four to six years 3 4
Six to eight years 2 1
Eight to ten years 1 1
Ten and above years - 1
Total Children 24 23

Reasons for Imprisonment

Type of Crime Number of Respondants

Son kidnapped a girl and she was charged 1

Charged for husband’s crime 1
Kidnapping 3
Terrorism or assisting militants 4
Eloped with another man 1
Drug trafficking 11
Theft 2
Murdered husband 4
Zana/ Hudood 5 21

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 Save the Children Sweden
Pakistan Programme Office
P.O. Box 307, F-8 Markaz Islamabad