The Delhi High Court has sought a response from the Delhi Government on a public interest litigation (PIL) that seeks conjugal visitation rights for inmates held in various prisons within the national capital.
A division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, has granted a period of six weeks to the counsel representing the Delhi Government to procure instructions on the matter. The case has been scheduled for further hearing on October 9, 2023.
In the PIL filed by Advocate Amit Sahni, it is requested that conjugal visits be recognized as a fundamental right for prisoners and their spouses. The petitioner is also seeking a directive to the Delhi Government and the Director General of Prisons to make the necessary arrangements to facilitate conjugal visitation rights for incarcerated individuals.
Sahni further challenges the legitimacy of Rule 608 as outlined in the Delhi Prison Rule of 2018. This rule stipulates that prisoner interviews must occur in the presence of a prison officer, even in situations involving a meeting with a spouse or lawful partner.
The plea contends that the significance of conjugal visits should be evaluated from the perspective of the prisoner’s spouse. Despite their freedom, these spouses endure a lack of intimacy in their marriages and a consequent denial of their rights.
The plea goes on to assert that such conjugal visits have the potential to decrease the occurrence of prison riots and sexual offenses, while simultaneously promoting prisoner rehabilitation and improved conduct. Sahni also submits that withholding conjugal visits from a prisoner amounts to the denial of a basic human right for the spouse, who is being penalized without any wrongdoing.
