Cannot allow conjugal visits inside jails, DG Prisons tells Delhi HC

In response to a PIL seeking to secure conjugal visits for inmates and convicts, the Director-General Prisons, Delhi Government (DG Prisons) has informed the Delhi High Court that such visits inside a prison cannot be allowed..The DG Prisons has argued that although the maintenance of conjugal relations is a fundamental right, it is not unfettered and is regulated by the procedure established by law i.e. the Delhi Prison Rules..“the answering respondent has no dispute with the well-established principle of law that even convicts and other prison inmates have substantial rights, albeit restricted in certain aspects, enshrined under Article 21 of the Constitution of India..”, it is stated..The averments form part of a short affidavit submitted by the DG Prisons to the High Court in a PIL filed by Advocate Amit Sahni (petitioner)..Apart from seeking to declare conjugal visits in prison as a fundamental right of the prisoner and his/her spouse, the petitioner has also challenged the validity of Rule 608 of the Delhi Prison Rules, 2018 which allows an “interview” in the presence of a prison officer insofar as meeting with one’s spouse was concerned..In its affidavit filed through Additional Standing Counsel, Sanjoy Ghose, DG Prisons has informed the Court that the Prison Rules already provide for several measures to enable the inmates to maintain family and social ties. These measures include parole, furlough, interim bail, bail, suspension of sentence, interview etc..Certain practical concerns are also raised in the affidavit with respect to allowing conjugal visits in prisons..“There are at present 1200 visitation undertaken on a daily basis in Tihar Jail alone. Allowing conjugal visits in prisons at this time may not be feasible in light of limited infrastructure available as well as in view of security concerns of visitors and the overarching atmosphere and circumstances prevalent in a prison..”.DG Prisons further refutes the petitioner’s assertion that conjugal visits could generate positivity among prisoners and push them towards reformation on the ground that there was no study to support the claim..The matter is being heard by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar.