The debate around conjugal visits for prisoners
- The State of Punjab has furthered the cause of right to life and personal liberty of prisoners by allowing conjugal visits for inmates.
- It is expected that this initiative will lead to strengthening of matrimonial bonds and also ensure good conduct of prisoners.
Conjugal rights
- Rights created by marriage - right of husband or the wife to the company of spouse.
- In the context of prisons
- Allowing a prisoner to spend some time in privacy with his spouse within the precincts of a jail.
Pros
- Psychological health benefits for prisoners
- Preservation of marital ties
- Reduction in homosexuality and sexual aggression within prisons
- A fundamental right of the spouses of the prisoners
Prisoner rights
- Internationally recognised through the:
- UN Standard Minimum Rules for the Treatment of Prisoners
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- Include conjugal visits.
Judicial views
- Sunil Batra vs Delhi Administration (1979, SC)
- Visit to prisoners by family and friends are solace in isolation
- Jasvir Singh vs State of Punjab
- High Court held that the right to conjugality is available to prisoners under Article 21, subject to restrictions.
- Meharaj vs State (2022)
- Madras HC observed that there have to be differential standards in enforcement of Article 21 for law abiders and law violators.
- Held that prisoner would still be eligible to avail leave for conjugal visits if there are ‘extraordinary reasons’ such as ‘infertility treatments.’
Punjab model
- Average time for conjugal visits
- two hours
- allowed once every two months
- Visiting spouse to furnish a proof of:
- marriage
- medical certificates - free from HIV or any other STDs, COVID-19 or any other infectious diseases
- Not extended to:
- high risk prisoners
- terrorists
- child abuse
- sexual offenders
- death row convicts
- prisoners who suffer from HIV