Recently, Delhi High Court has asked the State Government for a response in connection to a public interest petition that advocates for conjugal visitation rights for the prisoners lodged in various jails in the national capital.

A sivision bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula has allotted a six-week period to the counsel representing the Delhi Government to acquire necessary information pertinent to the plea. The case has been scheduled for a hearing on the 9th of October. This public interest litigation has been initiated by Advocate Amit Sahni.

The objective behind this legal action is to establish the recognition of conjugal visits as an inherent right for prisoners and their respective spouses.

“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 plea demands that the Delhi Government, along with the Director General of Prisons, take appropriate measures to facilitate conjugal visitation privileges for inmates. Furthermore, Sahni challenges the validity of Rule 608 within the framework of the Delhi Prison Rules of 2018. This particular rule mandates that interviews involving prisoners must be conducted in the presence of a correctional officer. This requirement is applicable even when the meeting involves a spouse or a legally recognized 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.

The petitioner asserts that enabling conjugal visits could potentially decrease the incidence of prison riots and sexual offenses. Moreover, such initiatives could contribute to the rehabilitation and positive conduct of prisoners. Sahni also asserts that withholding conjugal visits from prisoners equates to depriving their spouses of basic human rights, without any justifiable cause.