Madras High Court Judge Inspects Puzhal Prison, Requests State To Consider Extending Conjugal Rights To Prisoners

The judge has requested the Government of Tamil Nadu to consider implementing the scheme of Conjugal right to prisoners similar to what has been enforced in the State of Punjab and Haryana.

“The Government of Tamil Nadu is requested to consider implementation of the scheme for extending 'Conjugal Rights' to the prisoners, which is effectively in force in the State of Punjab and Haryana,” the judge said.

Conjugal rights are the prisoners’ rights to be allowed to see their partner and relatives. A conjugal visit is a scheduled period during which a prison or prison inmate is allowed to spend several hours or days in private with a visitor, usually their legal spouse. The generally accepted basis for allowing such visits in modern times is to maintain family relationships and improve the chances of a prisoner’s subsequent return to life after being released from prison.

In January 2022, a full bench of Madras High Court had ruled that denial of conjugal rights as a course may amount to denial of fundamental rights guaranteed under Article 21 of the Constitution. However, the bench also clarified that it should not be construed to be a fundamental right as a course.

Among other things, the judge also focused on the facilities available in the prison and directed that additional halls be provided or existing halls be expanded for the Lawyers and visitors to keep a conducive atmosphere.

The court also noted that no toilet facilities were available for women visitors and women lawyers nearby the Visitors Hall and the existing ones for the Men was inadequate and unclean. Thus, the judge directed that additional toilets be provided and the ones available are properly cleaned.

“No Toilet facilities are presently available for women visitors and women lawyers nearby the Visitors Hall. Existing Toilet facilities provided for male in the Visitors' Hall is most unclean and inadequate. Adequate number of toilets are to be provided for women visitors and women lawyers. Additional toilets are to be provided for male visitors and male lawyers and all the toilets are to be properly cleaned and maintained by the Prison Authorities,” the judge said.

The Judge also directed the Government to consider and sanction required funds for construction of additional toilets immediately and to arrange for supply of Phenyl and other cleaning materials for the maintenance of Toilets, Kitchens and Common area in prison complex.

The court also highlighted that the children under six years of age, who were staying along with the women prisoners be given adequate Milk, biscuits, and health drinks etc and asked the prison authorities to ensure that children do not suffer for want of nutritious food and other facilities. The judge also asked the children to be provided with play schools, entertainment area etc to protect their mental health and well-being.

The judge also asked the Secretary to the Government, the Department of Health and Family Welfare (Tamil Nadu) to ensure supply of medicines to the prisoners without any delay or interruptions.

The judge also ordered against using excess force inside the prison and said that the Prison Authorities were expected to use a parental approach while treating and punishing the prisoners.

The judge also highlighted that presently 38 prisoners were languishing in prison for whom bail had been granted but were not released from prison for want of production of sureties. Since the Apex Court has ordered that persons are to be released on furnishing own bond, the Judge said that necessary steps are to be taken immediately to file modification petitions before the Court concerned for securing necessary orders.

The judge also asked the State to consider issuance of interim orders allowing Foreign nationals lodged in prison to contact their relatives and near and dear ones.