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april 2006

Supreme Court of India · 2006-04-13

R.D.UPADHYAY vs STATE OF A.P

Citation / case number
SC 1994/13797
Court
Supreme Court of India
Petitioner
R.D.UPADHYAY
Respondent
STATE OF A.P
Author
Y.K. SABHARWAL,C.K. THAKKER,P.K. BALASUBRAMANYAN
Bench
Y.K. SABHARWAL,C.K. THAKKER,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court emphasized the need for special provisions for the welfare and development of children living with their incarcerated mothers, citing Articles 15, 21, 21A, 24, 39(e), 39(f), and 42 of the Constitution of India. The Court held that the best interest of the child must be a primary consideration, and that the State has a duty to ensure that children are not subjected to harmful environments, including jails. The judgment calls for the implementation of measures to improve the conditions for these children, recognizing their rights and the State's obligations under constitutional provisions.

R.D.UPADHYAY vs STATE OF A.P · Niyam