A petition has been filed in the Delhi High Court asserting that having private conjugal visitation, away from the supervision of prison officials, should be considered a fundamental right. Numerous countries already permit conjugal visits.

In a recent court hearing Anuj Aggarwal, the additional standing counsel for the Delhi government has informed the Delhi High Court that the Director General of Prisons has sent a proposal to the state's home department regarding the rights of prisoners to request conjugal visits. The government has stated that the proposal will also be transmitted to the Union Ministry of Home Affairs for the issuance of required directives. 

A bench consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula has given the city government a six-week timeframe to update the court on the progress following its recommendation.

The bench was presiding over a petition filed by advocate Amit Sahni, who was seeking court orders for the Delhi government and the Director General (Prisons) to facilitate the required arrangements in correctional facilities for conjugal visits by inmates' spouses.

The public interest litigation (PIL) initiated by this matter led to the high court issuing a notice to the relevant authorities in May 2019. The PIL sought the court's intervention to overturn the state's prison rule requiring the presence of a prison officer during prisoner-spouse meetings.

 Additionally, it requested the court to recognize conjugal visits as a "fundamental right" for prisoners. According to the petition, even though the majority of prisoners fall within the "sexually active" age group, they are being denied the opportunity for conjugal visitation.

The petition argues that prisoners should not be refused private meetings with their spouses based on the existing provisions of parole and furlough in the Indian penal system. Additionally, it pointed out that these options are not accessible to undertrial inmates. The petition emphasizes that conjugal visits are essential not only for upholding the fundamental human rights of the incarcerated individuals but also for the well-being of their spouses, who are suffering despite not being in the wrong themselves.

The petition mentioned that several research studies have indicated that conjugal visits can lead to a reduction in the occurrence of prison riots, sexual offenses, and homosexual behavior. Furthermore, they can contribute to the rehabilitation and promotion of good behavior among prisoners.

The high court has scheduled a future hearing for the case on January 15th of the upcoming year.