Not practical to permit conjugal visits for prisoners in jails, authorities tell HC
New Delhi: Prison authorities have told the Delhi High Court that it is not practical to permit conjugal visits for prisoners as rules do not provide for such facility and there is limited infrastructure available.
The Director General (Prison) said it grants temporary leave to prisoners in the form of parole and furlough for maintaining family and social ties and the purpose of conjugal relation can be served during such period.
A bench of Chief Justice D N Patel and Justice C Hari Shankar listed the matter for February 26 for further hearing.
The response was filed on a PIL seeking conjugal visitation rights for prisoners.
Petitioner Amit Sahni, a lawyer and social activist, has claimed in his plea that conjugal visits in jail should be treated as a fundamental right of prisoners and their spouses.
The prison authorities, in its affidavit filed through Delhi government additional standing counsel Sanjoy Ghose, said conjugal visits inside prison cannot be allowed due to the nature of confinement.
"A prisoner can avail parole' furlough or interim bail for maintaining family and
conjugal rights. In addition to this, prisoners are allowed interviews with spouse, other family members, friends and counsel, hence social contacts are maintained," it said.
The authorities denied the claim made in the plea that allowing of conjugal visits can help in curbing the menace of sexual crimes in Delhi since the petitioner has failed to explain how a sexual crime committed outside the prison has any relation with conjugal visits in prison as a solution to the menace.
It said that in Delhi, spousal meetings within the prison premises are allowed in terms of provisions of the Delhi Prison Rules 2018 but are monitored for safety and security of the prisoners, visitors and prisons.
In accordance with the established policy, the right to procreation is desirable, however, not practicable in the present prison scenario and the same is being regulated as per procedure established by law, it said.
