High Court allows jail inmates to have sex with their partners

The Punjab and Haryana high court has allowed jail inmates to have sex with their partners as long as they are married and want to have a child. The court, in an order made public on Tuesday, held that the right of convicts and jail inmates to have conjugal visits or artificial insemination for progeny was a fundamental right.

Justice Surya Kant of the high court has passed these orders while disposing of a petition filed by a couple - Jasvir Singh and Sonia - who are currently lodged in the Central Jail, Patiala. They were awarded the death penalty by a trial court for kidnapping and killing a 16-year-old boy of a rich Hoshiarpur family for a hefty ransom.

The duo had sought permission to stay together and resume their conjugal life for the sake of progeny. They wanted the court to order the jail authorities to make the necessary arrangements in this regard.

Jasvir had pleaded that he is the only son of his parents and that they had been arrested in the case within eight months of their marriage. The petitioners claim that their demand is not for personal sexual gratification.

The court however denied Jasvir's plea considering the heinous nature of the crime committed, but enlarged the scope of the petition in larger public interest. The judge held that right to life and personal liberty under Article 21 of the Constitution includes the right of convicts and jail inmates to have conjugal visits or artificial insemination as an alternative.