High Court Seeks Delhi Govt’s Stand On PIL Seeking Conjugal Visitation Rights For Prisoners

The Delhi High Court has asked the Delhi Government to respond to a public interest litigation seeking conjugal visitation rights for the prisoners lodged in various jails in the national capital.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula granted six weeks’ time to Delhi Government’s counsel to seek instructions in the plea and listed it for hearing on October 09.

“Learned counsel for the respondent No.1/ GNCTD prays for six weeks’ time to seek further instructions in the matter. He is granted six weeks time. List on 09.10.2023,” the court said.

The PIL has been moved by Advocate Amit Sahni seeking a declaration that conjugal visit is a fundamental right of the prisoner and his or her spouse. 

He has sought a direction on the Delhi Government and Director General of Prisons to make necessary arrangements to provide conjugal visitation rights to the prisoners.

Sahni has also challenged the validity of Rule 608 of Delhi Prison Rule, 2018, which states that the interview with a prisoner shall take place in the presence of a prison officer, particularly in a situation when the meeting is with a spouse or lawful partner.

“Because the relevance of conjugal visits should be decided from the view point of the spouse of the prisoner as despite being free, they suffer lack of intimacy in their marriage and consequent denial of rights,” the plea states.

It adds that such conjugal visits can reduce frequency of prison riots and sexual crimes while moving prisoners towards reformation and good behaviour. Sahni has also submitted that denial of a conjugal visit to a prisoner is also denial of basic human right to the spouse who is punished without any wrongdoing.

Title: AMIT SAHNI v. GOVT. OF NCT, DELHI AND ANR.

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