Conjugal rights for prisoners can wait, make jails corrective institutions

High court orders granting of right to procreation and conjugal rights to prisoners

GN Bureau | January 7, 2015



Indian prisons are no longer the hellholes of the world and neither comfortable places. The jails are mostly crowded and brutality is almost a daily affair. Under these circumstances, another high court judgement to allow sex for the married couple and conjugal rights for the deserving prisoners is baffling.

The Punjab and Haryana high court this week allowed sex in prison, with certain riders. The court said the couple should be legally married and conjugal union would be allowed only for procreation.

Last January, the Maharashtra high court had asked the Maharashtra state government as to why can't the prisoners have sex in jails.

The Punjab and Haryana high court, in an order made public on Tuesday, backed the right of jail inmates to have conjugal visits. It said even artificial insemination for progeny was a fundamental right.

The verdict was delivered by justice Surya Kant. The orders were passed on a petition filed by Jasvir Singh and Sonia. They are lodged in Patiala jail and legally married. The couple had  sought court directions to the prison authorities to make 'the necessary arrangements' for their conjugal union

The judge held that right to life and personal liberty under Article 21 of Indian Constitution included the right of convicts and jail inmates to have conjugal visits or artificial insemination as an alternative.

As a result of this judgement, the prisons department will have to create the 'environment' for the conjugal and family visits in jail. It will also have to categorise the inmates entitled to such visits.

However, with overcrowded prisons and vastly stretched jail authorities, the feasibility of such arrangements looks improbable.

Capital’s Tihar Jail is notoriously crowded with nearly 10000 prisoners at any given day.  The jail also has various posts lying vacant.

The jail staff and the police have their hands full in monitoring the prisoners and escorting them to courts.

In fact, overcrowding is a massive problem in the jails of Uttar Pradesh, Madhya Pradesh and Chhattisgarh. Last year, the supreme court had ordered freedom for under-trials who had served half the term of their maximum punishment period possible in their cases.

Prisons reform is one area that both the government and rights organizations have tried to bring in few changes. What is needed is proper manual to bring behavioral changes in the prisoners so that when they come back to society, they do not pick up crime again.  The jails should become corrective institutions and not breeding grounds for hardened criminals, who remain a menace to the society. 

Hence, it will be a long time before conjugal rights are granted inside the jail.

Comments

 

Other News

Defence secretary reviews progress of aircraft carrier at Cochin Shipyard

Defence secretary Sanjay Mitra reviewed the Indigenous Aircraft Carrier (IAC) project at Cochin Shipyard Limited (CSL) on Jul 19. During the onboard visit, Mitra was given a briefing on the progress of the aircraft carrier construction by warship production superintendent Commodore Cyril Tho

Govt relaxes production sharing contracts of pre-NELP and NELP blocks, lowers ONGC burden

In order to boost domestic production of hydrocarbon resources, the centre has approved the policy framework for streamlining operations of production sharing contracts (PSCs) in pre-NELP (new exploration licensing policy) and NELP blocks. The policy framework includes special dispensation f

CSIR-NPL wants to develop petroleum certified materials with HPCL

In its bid to indigenously develop petroleum certified reference materials branded as Bhartiya Niredeshak Dravyas, CSIR- National Physical Laboratory (NPL) has signed a pact with Hindustan Petroleum Corporation Limited (HPCL). It will not only ensure maintaining highest standard quality ecos

31.67 GW of renewable energy capacity installed in last three years

A total of 31.67 GW of renewable energy capacity has been installed through implementation of various renewable energy schemes and programmes in the last three years in the country. Indian Renewable Energy Development Agency (IREDA) has conducted several following studies with foreign assist

An elastic plastic ban

For a ban that arrived with a bang, it seems to be fading away even before it could take effect. The Maharashtra government has backtracted to allow groceries and general stores to continue to use plastic for packaging after shopkeepers associations complained to state environment minister Ramdas Kadam. Al

BDL secures export order of $14.33 million

Bharat Dynamics Limited (BDL) has achieved 65 percent of its export target for 2018-19 FY after it bagged an export order worth $14.33 million for export of light weight torpedoes to a friendly country. BDL has a dedicated unit at Visakhapatnam exclusively for manufacture of underwater weapo

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter