In a historic judgment, the Punjab and Haryana high court has held that prisoners in jail also have the right to have sex with their legal partners as long as they are married and want to have a child.
Justice Surya Kant of the high court has passed these orders and said: "A society which is currently involved in academic and intellectual debates on 'gay-rights' or the recognition of 'third-gender', cannot shy away nor can it keep concealed under the carpet the pragmatic concept of conjugal visits of the jail inmates," the court observed. "To say it differently, time has come and before it is too late, the stake-holders must sit together and deliberate upon this crucial subject and take a holistic view."
Justice Surya Kant denied Jasvir Singh and Sonia’s plea to resume their conjugal life for the sake of progeny but enlarged the scope of the petition in larger public interest.
The couple were awarded the death penalty for kidnapping and killing a 16-year-old boy of a rich Hoshiarpur family for a hefty ransom and are currently lodged in the Central Jail, Patiala.
Justice Kant held that right to life and personal liberty under Article 21 of the Constitution includes the right of convicts and jailbird to have connubial visits or artificial insemination as an option for the sake of progeny.
The court set certain conditions and permitted the state to regulate conjugal and family visits in jail by law. (siasat.com 7 Jan 2015)
Justice Surya Kant of the high court has passed these orders and said: "A society which is currently involved in academic and intellectual debates on 'gay-rights' or the recognition of 'third-gender', cannot shy away nor can it keep concealed under the carpet the pragmatic concept of conjugal visits of the jail inmates," the court observed. "To say it differently, time has come and before it is too late, the stake-holders must sit together and deliberate upon this crucial subject and take a holistic view."
Justice Surya Kant denied Jasvir Singh and Sonia’s plea to resume their conjugal life for the sake of progeny but enlarged the scope of the petition in larger public interest.
The couple were awarded the death penalty for kidnapping and killing a 16-year-old boy of a rich Hoshiarpur family for a hefty ransom and are currently lodged in the Central Jail, Patiala.
Justice Kant held that right to life and personal liberty under Article 21 of the Constitution includes the right of convicts and jailbird to have connubial visits or artificial insemination as an option for the sake of progeny.
The court set certain conditions and permitted the state to regulate conjugal and family visits in jail by law. (siasat.com 7 Jan 2015)
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