CONJUGAL RIGHTS OF PRISONERS
Journal Title: Bharati Law Review - Year 2018, Vol 0, Issue 0
Abstract
Conjugal rights of the prisoners mean the marital rights of the prisoners. Conjugal right is recognized inherent right of a married couple in society and encompass within itself the right of a couple to associate together, build a home together and enjoy all the privileges of an interpersonal relationship together including the right to have ‘sex’ and ‘procreation’. There is agreement disagreement about the value and desirability of allowing conjugal rights to prisoners. Those who advocate this concept say that this would help in solving the problem of homosexuality and would also help in molding the behavior of the prisoner. Those who do not agree with this point out that, factors like custody and security problems, single parenting, smuggling of contraband goods from outside etc. neutralize the positive effect. In India, the jurisprudence on the concept of conjugal rights is still in its infancy. There is no statutory law that discusses or confers conjugal rights to prisoners. In the absence of the same, the prisoners knock the doors of courts under Article 21 of the Constitution. The author in this article studies the decisions rendered by the courts in these cases along with the law prevalent in other jurisdictions regarding conjugal rights.
Authors and Affiliations
Dr. Shruti Goyal
Keywords
Related Articles
- EP ID EP403337
- DOI -
- Views 155
- Downloads 0
ACCESS TO MEDICINES: TRIPS AGREEMENT, DOHA DECLARATION AND INDIA’S IMPLEMENTING LEGISLATION
There is a conflict between international obligations relating to right to health and patent protection to pharmaceutical products. TRIPS Agreement mandates minimum protection to intellectual property rights which includ...
CHESS CLOCK: SAVING TIME IN DOMESTIC ARBITRATION
Arbitration has become the preferred mode of dispute resolution over the past few years, especially with respect to Commercial disputes. The primary object of the Act is speedy redressal and this was achieved by relaxing...
DE-REGISTRATION OF PUBLIC TRUSTS: A DISPUTABLE REVISION IN MAHARASHTRA PUBLIC TRUSTS (AMENDMENT NO. IX) ACT, 2016
The Maharashtra Public Trusts Act, 1950 is governing public trusts, whether religious or charitable, or both. Since beginning the main intention of this enactment is to protect every registered trust being perpetual enti...
STATUS OF MULTIPLE EMBRYOS AND CHILD BORN OF ASSISTED REPRODUCTIVE TECHNIQUES: NEED FOR REFORMATIONS IN LAW
With the development of science and technology, human reproduction has reached new dimensions and whatever one could not even think of five years back; has now become possible. Moreover, the concept of assisted reproduct...
EQUITABLE ACCESS TO JUSTICE: ACONSTITUTIONAL MANDATE
Access to justice has been held to be a fundamental right, the right to justice is also fundamental to the rule of law and so while drafting our Constitution we have made social justice an inalienable claim on the state....