Source: The Hindu 

Introduction  

The Delhi Government is reassessing a proposal to permit conjugal visits for prisoners in the city’s jails. 

• The move has come after a pilot project in Punjab was suspended a few months after it’s launch. 

What are Conjugal Visits? 

• Conjugal visits are also referred to as ‘private family visiting’. 
• These involve allowing prisoners to spend private time with their legal partner or spouses, including intimate relations, within the confines of a prison. 
• Conjugal visits often serve as an effective instrument of rehabilitation as they focus on the long-term recovery of the inmates. 
• Conjugal visits carry psychological health benefits as they provide a platform to build and sustain meaningful relationships between inmates and their families. 
• They contribute to the preservation of marital ties by allowing inmates and their spouses to maintain their roles as husband and wife.
  

What was the Scheme in Punjab for Conjugal Visits?  

• In September 2022 the Ludhiana Central Jail introduced ‘Parivar Mulakat (Family Visit)’ programme which allowed inmates to have face to face meetings with loved ones in specially designated rooms on it’s premises. 
• Punjab was the first state to provide for the same. 
• Jails participating in the scheme have been asked to set up a room with a bed and an attached bathroom to allow privacy to the couple. 
•  However, shortly after it was introduced the same was suspended due to various concerns including security concerns. 
• One of the reasons for the same is when women avail the facility it is not feasible to conduct thorough body check. This makes it challenging to ensure that no prohibited items are concealed.

What are the Legal Precedents Regarding Conjugal Visits? 

• It has been established by legal precedents that prisoners have a right to conjugal visits. 
• In 2014, the Punjab and Haryana High Court allowed a couple lodged in jail to have sex within the prison precincts in order to bear a child. 
• It held that “right to procreation survives incarceration”. 
• On 1^st November 2018 the Madras High Court had permitted a life convict to go on two weeks’ parole following a plea by his wife that it was her right to have conjugal relations. 
• In July last year, Justice S.M. Subramaniam of the Madras High Court requested the Tamil Nadu government to consider allowing prisoners to have conjugal relations with spouses within the prison precincts. 
• In Sheela Barse v. Delhi Administration (1978), the Supreme Court held that it is an onerous duty of the Court to ensure that during detention and subject to Constitution, the detenue does not suffer from any torture.

What is the Law on Conjugal Visits in Other Countries? 

• United States of America 
  • Conjugal visitation is permitted in several U.S. states but not in federal prisons, with programs varying in rules and restrictions. 
  • The first conjugal visitation program began at Mississippi State Penitentiary in 1918, initially for Black inmates, and later expanded to include all prisoners. However, it was eventually discontinued. 
  • Visits typically take place in designated areas, such as cottages or modular homes on prison grounds, and allow interaction with close family members for extended durations. 
  • Several states, like Mississippi and New Mexico, have closed their programs, citing operational or policy challenges. 
• Europe 
  • Conjugal visits are supported by the European Convention on Human Rights, particularly Articles 8 and 12, which protect the right to private and family life and the right to marry and found a family, subject to national laws. 
  • The European Court of Human Rights allows states a wide margin of discretion in implementing conjugal visit policies, and it does not mandate such visits under the Convention. 
  • Many European countries, including Spain, France, Sweden, and Denmark, permit conjugal visits, with Spain offering monthly visits and Sweden allowing visits lasting up to nine hours.

Conclusion 

Conjugal visits in jails have been touted as an important part of Article 21 which is right to life and personal liberty. Conjugal visits are a matter of policy for each State to decide. While it is an important right, it’s implementation is something that concerns the authorities and is an issue of concern.