Supreme Court of India · 2006-04-13
R.D. Upadhyay vs State Of A.P. & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1946
- Court
- Supreme Court of India
- Petitioner
- R.D. Upadhyay
- Respondent
- State Of A.P. & Ors
- Bench
- C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court emphasized the need for special provisions for children living with their incarcerated mothers, citing Articles 15, 21, 21A, 24, 39(e), 39(f), 42, 45, and 46 of the Constitution of India. The Court held that the welfare and development of these children must be prioritized, as they are innocent and suffer due to their mothers' legal circumstances. The judgment mandates the State to ensure that the rights and needs of these children are met, reinforcing the principle that the best interest of the child is paramount.