Prisoner's Conjugal Rights :Any Policy Framed Based On 2015 Judgment? P&H High Court Asks Haryana Govt

A Division Bench of Punjab & Haryana High Court consisting of Justice Rajan Gupta and Justice Karamjit Singh has issued notice to the State of Haryana seeking response of the State regarding enforcement of rights to have matrimonial relation with her husband during incarceration as claimed by petitioner.

The Court also asked the Additional Advocate General of Haryana if any policy has been made to implement the observations in the 2015 judgment in Jasvir Singh v State of Punjab which recognized prisoner's conjugal rights.

The petitioner submitted that she was married in 2016 and after 04 months of her marriage, her husband was initially arrested in case under Sections 302, 307, 34 of Indian Penal Code and under Section 25 of the Arms Act. He was held guilty and convicted by the Additional Sessions Judge, Gurugram against which her husband had preferred an appeal before Punjab & Haryana High Court which is stated to be pending.

She further said that her husband was also convicted under Sections 302, 120-B of Indian Penal Code and under Section 25 of the Arms Act by the Additional Sessions Judge, Gurugram in 2020 also. Appeal against second conviction is also stated to be pending before Hon'ble High Court of Punjab & Haryana.

It is the case of petitioner that she had moved an application for parole for purpose of consummation of matrimonial relation in November, 2020. However, her application was rejected by the jail authorities. Accordingly, she has approached the High Court contending that she has constitutional right to maintain conjugal relation with her husband and not allowing her to exercise her right violates Article-21 of Constitution of India.   The counsel for petitioner has contended that the right to procreation is alive even during incarceration. Same can be traced to Article 21 of the Constitution read with the Universal Declaration of Human Rights.

The Division Bench on consideration of contentions raised by petitioner has passed following orders in the case CRWP 2526/2021:

"x x x x x x x x x x x x x

It appears that in judgment reported as Jasvir Singh @ another Vs. State of Punjab & others 2015(1) RCR (Criminal)509 a question was framed whether penalogical interest of the State permits or ought to permit creation of facilities for the exercise of right to procreation during incarceration and whether said right is termed as 'right to life' and 'personal liberty' guaranteed under Article-21 of the Constitution.

Notice of motion for 26.03.2021

Mr. Vivek Saini, Additional Advocate General, Haryana who has advance copy of the petition accepts notice on behalf of the official respondent(s). A query has been put to him whether any Policy has been framed by the State Government in light of the judgment in Jasvir Singh's case (supra). He submits that he shall seek instructions from Additional Chief Secretary (Home) and apprise the court. Let his affidavit be filed on or before the next date of hearing.

The State has been called upon to place policy, if any, framed by the State Government in light of the judgment Jasvir Singh's case (supra) for conjugal relationship even during incarceration.  

Also Read : Prisoner Has Right To Conjugal Visits, Says Madras HC; Allows Leave To Lifer For Fertility Treatment [Read Order]