The Delhi High Court in the case Amit Sahni v. Govt of NCT, Delhi And Anr. observed and has asked the Delhi Government in order to respond to a public interest litigation filed wherein seeking conjugal visitation rights for the prisoners who are lodged in various jails in the national capital.
The Division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula in the case observed and has granted six weeks time to the counsel appearing for the Delhi Government wherein seeking instructions in the petition.
The court in the case stated that the learned counsel appearing for the respondent No 1 prayed for six weeks time for seeking further instructions in the said matter.
The PIL filed was moved by Advocate Amit Sahni wherein seeking the declaration that the conjugal visit is a fundamental right of the prisoner and his or her spouse.
Therefore, he also seeks direction on the Delhi Government and Director General of Prisons in order to make necessary arrangements to provide conjugal visitation rights to the prisoners in the matter.
It has also been challenged by Sahni the validity of Rule 608 of Delhi Prison Rule, 2018, wherein it is stated that the interview with a prisoner shall take place in the presence of a prison officer, particularly in a situation when the meeting is with a spouse or lawful partner.
The petition filed stated that because of the relevance of conjugal visits which needs to be decided from the view point of the spouse of the prisoner as despite being free, thus, they suffer lack of intimacy in the marriage of them and consequent denial of rights. Adding to it, it has been stated before the court that such conjugal visits can reduce frequency of prison riots and sexual crimes while moving prisoners towards the reformation and good behaviour.
It has also been submitted before the court by Sahni that the denial of a conjugal visit to a prisoner is also denial of basic human right to the spouse who is punished without any wrongdoing. Accordingly, the court listed the matter to be next heard on October 09, 2023.
