Details

Technical Note

Educator Copy

A note on Imprisoned Mothers and Their Children in Pakistan

Sikander Ahmed Shah


INDUSTRY :

AREA : Corporate Law

ORGANIZATION : Aurat Foundation

LENGTH : 22

LUMS No : 10-004-2006-2

PUBLICATION YEAR : 2006

DESCRIPTION

KEYWORDS:

Constituional,Legislative,Administrative,Prison Rules,Imprisoned Mothers,Imprisoned Children,Monitoring,Incarceration,Criminal/Hudood Laws


DESCRIPTION:

This paper highlights the relevant laws (Constitutional, Legislative, Administrative Prison Rules) and their judicial interpretation, where applicable, that relate to imprisoned pregnant women, mothers and suckling children in jail. After a comprehensive analysis of laws and court judgments inclusive of those rendered by the Islamic Federal Shariat Courts, it will be determined whether any special accommodations are mandated for the affected women and their babies. Some queries that will be addressed are: Whether there is mitigation or suspension of jail sentencing of the affected women, and is bail readily available for such women? What is the nature of medical/essential facilities provided to the imprisoned women and their children and the legal provisions if any that ensure the practice of these facilities? Is the health, diet of the mothers/children monitored? The paper will most essentially determine to what extent the law provides for the welfare of children in prison and whether this welfare is in any sense determinative for courts when adjudicating on cases relating to continued incarceration of women under Criminal and Hudood Laws. 


LEARNING OBJECTIVES:


SUBJECTS COVERED:

Law