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.