Conjugal rights for prisoners to be a reality in jails

CHANDIGARH: In a landmark ruling, with far reaching effects on rights of Indian prisoners, the Punjab and Haryana High Court today ruled that the “right to procreate“ of a convict falls within the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India. Unlike other countries, till now conjugal rights are not allowed for prisoners in India. In a first, Justice Surya Kant has ruled that prisoners have the right of conjugal rights and artificial insemination (in alternate).However, which category of convicts to allow these rights is the prerogative of the concerned State government.

“Such a right (right to procreation while incarcerated), however, is to be regulated as per the policy established by the State which may deny the same to a class or category of convicts as the aforesaid right is not an absolute right and is subject to the penological interests of the State,“ Justice Surya Kant today held.

The judgment was passed today on a petition demanding conjugal rights by a prisoner couple, held guilty of murder, lodged in Patiala Jail. (read box). The Court, however, declined right to procreation to the duo. For, the Court held that the circumstanc es which led to incarceration of the couple are “far grave in nature“.

In an exhaustive judgment, Justice Kant has directed Punjab to consti tute a Jail Reforms Committee to be Committee to be to headed by a former d High Court Judge.

The other members shall include a Social e Scientist, an Expert in Jail Reformation and Prison and Prison Management amongst others.

“The Jail Reforms Committee shall formulate a scheme for creation of an environment for conjugal and family visits for jail inmates and shall identify the categories of in mates entitled to such visits, keeping in mind the beneficial nature and reformatory goals of such facilities“, the order reads.

The Committee shall also evaluate options of expanding the scope and reach of `open prisons', where certain categories of convicts and their families can stay together for long periods, and recommend necessary infrastructure for actualizing the same.

It shall prepare a long-term plan for modernization of the jail infrastructure and also classify the convicts who shall not be entitled to conjugal visits. The Committee shall also determine whether couple in question, as a matter of policy be included in such a list.