Denial To Prisoner To Perform Conjugal Relation For Progeny Would Adversely Affect Rights Of His Wife
⚖️ Denial to Prisoner to Perform Conjugal Relations for Progeny – SC Perspective
📌 Legal Context
Right to conjugal relations in prison is a facet of fundamental rights recognized under the Indian Constitution.
A prisoner’s wife has reproductive rights, including the right to bear a child.
Denying a prisoner the ability to engage in conjugal relations solely for progeny may violate the rights of his spouse, even if the husband is incarcerated.
📌 Supreme Court’s Key Observations
Constitutional Rights Involved:
Article 21: Right to life and personal liberty.
Article 14: Right to equality.
Article 15/Article 21 (implicit): Right of spouse to marital relations and progeny.
Impact of Denial:
Complete denial of conjugal rights affects wife’s reproductive rights, which are constitutionally protected.
Courts have observed that prisons must balance security concerns with fundamental rights.
Court’s Reasoning:
While prisons can regulate conjugal access for security or safety, outright denial without reasonable justification is disproportionate.
Reproductive rights of the spouse cannot be ignored.
📌 Case Law References
Sharda v. Dharmpal (2003) 4 SCC 493
SC recognized the right to live with dignity and the right to make reproductive choices as part of Article 21.
Denial of conjugal rights without justification may violate personal liberty.
Sunil Batra v. Delhi Administration (1978) 4 SCC 494
SC emphasized that prisoners retain basic human rights.
Any restriction must be reasonable and proportionate, not arbitrary.
Reproductive Rights – Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
Right to reproductive choice is integral to right to privacy.
Denial of access to spouse for childbearing can adversely affect these rights.
Recent SC Guidance on Conjugal Visits (2020s)
Courts have held that denying conjugal access for the purpose of progeny is inimical to the wife’s rights.
Prisons must allow visits in a controlled and secure manner if requested for this purpose.
📌 Practical Implications
Prison authorities must balance security and fundamental rights.
Controlled conjugal access can be permitted for:
Maintaining marital bond,
Fulfilling reproductive rights of the spouse.
Arbitrary denial can be challenged in High Courts or Supreme Court under Article 32/Article 226.
✅ Key Takeaways
Prisoner retains human rights; denial of conjugal relations cannot be absolute.
Wife’s reproductive rights are constitutionally protected and cannot be ignored.
Courts require a proportional approach: security concerns vs. fundamental rights.
Judicial intervention ensures that prisoners’ families’ rights are not arbitrarily curtailed.
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