Constitution of India, Article 226 – Habeas Corpus – Parole – Conjugal Rights
MADRAS HIGH COURT
(D.B.)
Before : – C.T. Selvam and Mrs. S. Ramathilagam,JJ.
H.C.P. No. 2447 of 2018. D/s. 26-11-2018.
P. Muthumari – Petitioner/Wife of Detenu
Versus
Home Secretary (Prison), Home Department, Secretariat, Fort St. George, Chennai. – Respondents
Parole – Conjugal rights – Prisoner’s wife has right to have conjugal relation.
For the Petitioner : – M. Mohamed Saifulla for P. Muthamizh Seelvakumar, Advocates.
For the Respondents : – R. Prathap Kumar, Additional Public Prosecutor.
Constitution of India, Article 226 – Habeas Corpus – Parole – Conjugal Rights – Petitioner’s husband is a life convict – In view of case reported in Meharaj v. The State and Ors., Man is a social animal, needs a family as well as a society to live in – Man needs both to share his emotions and feelings – Being human beings, prisoners also would like to share their problems with their life partner as well as with society – Just because, they are termed as prisoners, their right to dignity cannot be deprived – In view of psychologists and psychiatrists believe that the frustration, tension, ill feelings and heart burning can be reduced and a human being can be better constructed of they are allowed conjugal relationship even rarely – Conjugal visit leads to strong family bonds and keep family functional rather than family becoming dysfunctional due to prolonged isolation and lack of sexual contract – Therefore, petitioner’s husband/life convict entitled to two weeks parole with conditions.
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