Delhi sets ball rolling for conjugal rights to prisoners

Tribune News Service

New Delhi, October 14

The Delhi Director General (Prisons) has submitted a proposal on conjugal visitation rights of prisoners to the Arvind Kejriwal-led AAP government for its consideration, the Delhi High Court has been told.

A Bench led by Chief Justice Satish Chandra Sharma, which is seized of a PIL on the issue, has granted six weeks to the Delhi Government to inform it about its stand on the contentious issue.

The Bench, which also included Justice Sanjeev Narula, on October 9 listed the matter for further hearing on January 15 next year.

The Delhi Government counsel told the High Court “that the proposal shall be forwarded to the Ministry of Home Affairs, Union of India, for the issuance of necessary instructions”.

In September 2022, Ludhiana Central Jail introduced the “Parivar Mulaqat” programme, which allows inmates to have face-to-face meetings with their loved ones in specially designated rooms within the prison premises. Such facilities have since been introduced in some other jails in Punjab.

Holding that “the right to procreation survives incarceration”, the Punjab and Haryana High Court had in 2014 allowed a couple lodged in a jail to engage sexually within the jail premises to have a child.

Contending that conjugal visitation rights were a “fundamental right”, advocate Amit Sahni has filed a PIL seeking directions to the Delhi Government and the DG (Prisons) to make necessary arrangements in jails for conjugal visits by spouses of prisoners.

The High Court had in May 2019 issued a notice to the authorities on the PIL that sought setting aside the state’s prison rule that mandates the presence of a jail officer during a prisoner’s meeting with his/her spouse. Sahni wanted the HC to declare conjugal visit a “fundamental right” of prisoners.

Despite most prisoners being in the “sexually active” age bracket, they were denied conjugal visitation, the petitioner said, adding that “one should not overlook the plight of the spouses of those incarcerated who suffer the punishment of denial of conjugal relationship without having done any wrong.”

Various researches have shown conjugal visits reduce frequency of prison riots, sexual crimes and homosexual conduct while moving prisoners towards reformation and good behaviour, Sahni contended. “Despite courts taking a progressive approach and various countries allowing conjugal visits considering it an important human right and also in the light of studies backing conjugal visits as a factor to cut down crimes in jail and reform the inmates, the Delhi Prison Rules, 2018, are totally silent on the issue,” the PIL said.

‘Fundamental right’: PIL in High Court

• Contending that conjugal visitation rights were a “fundamental right”, advocate Amit Sahni has filed a PIL in the Delhi High Court
• Sahni has sought directions to the Delhi Govt to make necessary arrangements in jails for conjugal visits by prisoners’ spouses

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