Growing up behind bars

Many of Bangladesh’s prisons are home to an overlooked and vulnerable group of children who have committed no offence but spend their earliest years behind bars alongside their incarcerated mothers.

These infants and young children often remain with their mothers because they are breastfeeding, too young to be separated, or have no suitable caregiver outside prison.

Rights advocates warn that many face significant health and developmental risks stemming from overcrowded facilities, inadequate nutrition, limited healthcare and unsuitable living conditions.

The issue returned to national attention on 15 June when the High Court directed the authorities to submit, within two months, a report on the number and condition of children living with their imprisoned mothers across the country.

The court also issued a rule asking why the government should not be directed to ensure their safety, welfare and healthy development.

Legal experts say Bangladesh already possesses a framework to protect such children, but implementation remains weak.

Supreme Court lawyer Rakib Ahmed told The New Nation that the Children Act, 2013 recognises the rights of children living with imprisoned parents.

“The missing part is enforceable rules: who counts the children, who checks their health, who monitors day-care centres, and who decides whether prison or alternative care is in the child’s best interest,” he said.

“The High Court’s June 2026 order may become a turning point. But rights groups say a report alone will not be enough.

Bangladesh needs a national registry of children living in prisons, mandatory health screening, prison-based child protection officers, functional day-care spaces, regular paediatric visits, and alternatives to custody for pregnant women and mothers of infants where legally possible.”

According to the latest data from the World Prison Brief, Bangladesh’s prisons held 78,894 inmates as of 29 November 2025, despite an official capacity of 43,157, leaving facilities operating at nearly 183 per cent occupancy.

Women accounted for approximately 1,986 prisoners, or 2.5 per cent of the total prison population. More than 73 per cent of inmates were awaiting trial or on remand.

The Child Rights Advocacy Coalition in Bangladesh (CRAC) estimates that at least 304 children were living with their mothers in 68 prisons across the country.

The organisation has stressed that prisons are not suitable environments for children and has called for specific regulations to safeguard their physical and psychological development.

The reality of prison life can be particularly harsh for young children. One example is 10-month-old Mahida, who lived with her mother in a condemned cell in Habiganj prison.

The child reportedly shared a cramped 10-by-10-foot room with limited access to natural light and water, constant artificial lighting and no separate food allocation.

In another case, a 46-day-old infant was taken to Kashimpur Central Jail with her mother in April this year after a Dhaka court rejected bail petitions.

Defence lawyers said the mother had recently undergone a caesarean section and was struggling to care for her breastfeeding child.

Nusrat Sharmin, Assistant Professor of Psychology at Gopalganj Science and Technology University, said children in prison should be treated primarily as children rather than as extensions of their mothers’ sentences.

“The state should treat these children as children first, not as extensions of prisoners,” she told The New Nation.

“Every child in prison needs vaccination tracking, growth monitoring, nutrition support, clean sleeping space, safe water, and referral access to public hospitals.”

While Bangladesh’s prison laws provide for healthcare, food and accommodation for inmates, child rights advocates argue that clearer implementation mechanisms are urgently needed.

Section 89 of the Children Act, 2013 classifies children living with imprisoned mothers as disadvantaged children and allows the government to provide special protection and care.

International standards reinforce these obligations.

The UN Bangkok Rules state that children living in prison with their mothers should receive continuous healthcare and developmental support, while UNICEF emphasises the importance of nutrition, protection, early learning and responsive caregiving during early childhood.

For rights advocates, the High Court’s intervention offers an opportunity to bring these often-forgotten children into public view and ensure that their welfare receives the attention it deserves.