Author Name:   vlr0790

Mere conviction should not decline conjugal rights of a prison, an observation through human rights approach

Conjugal visit

Punishment means suffering someone for committing wrongs; for that reason he may be confined into a jail either because they have been found guilty of committing a crime or because they are waiting to be tried for a crime.

According to Reformative punishment theory an offender commits a crime when there arises conflict between his character and the motive. One may indulge into committing a crime either because the temptation of the motive becomes stronger or because the restrain imposed by character becomes weaker. When that human being becomes tempted he takes law into his hands and commits a crime.

In India, conjugal visit is not permitted except at Punjab, 2015 as per the verdict of Justice Surya Kant.

 A conjugal visit is a scheduled period in which an inmate of a prison or jail is permitted to spend several hours or days in private with a visitor, usually their legal spouse. The generally recognized basis for permitting such visits in modern times is to preserve family bonds and increase the chances of success for a prisoner's eventual return to life after release from prison. Additionally, they serve as an incentive to motivate inmates to comply with the various day-to-day rules and regulations of the prison, and to avoid any infringement which might disqualify them from having a conjugal visit.
 Justice V.R. Krishna Iyer in Sunil Batra Vs. Delhi Administration., 1978, held that “Convicts are not by mere reason of the conviction denuded of all the fundamental rights which they otherwise possess.”
This research paper aims to undertake and cover up that issue by way of literature review which intends to strengthen the character of the offender so that he may not become an easy victim of his own temptation. 
Justice Surya Kant made it clear that ordinarily all convicts, unless reasonably classified, are entitled to the right to procreation while incarcerated

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