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.
ORDER
C.T. Selvam,J. – The petitioner, who is the wife of Life Convict No. O.T.D.C. No. 2899 at Central Prison, Vellore, now the Life Convict is transferred to Central Prison, Cuddalore as Life Convict No. C.T. No. 16459, informs that her husband was granted parole by this Court for a period of one week between 29.04.2018 and 06.05.2018 under the orders in H.C.P. No. 835 of 2018 dated 28.04.2018. The petitioner presently seeks leave for her husband for the purpose of exercise of Conjugal rights.
2. We have heard Mr. M. Mohamed Saifulla, learned counsel for petitioner as also Mr. R. Prathap Kumar, Learned Additional Public Prosecutor for respondents.
3. Learned Additional Public Prosecutor submits that as the petitioner’s husband/Detenu is an under trial prisoner in two cases namely S.C. No. 512 of 2017 on the file of 3rd Additional District and Sessions Court, Tirunelveli and S.C. No. 115 of 2018 on the file of Principal District and Sessions Court, Pudukkottai, the jail authorities are precluded from granting leave to the detenu under Section 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.
4. The Madurai Bench of This court in the case of Meharaj v. The state and Ors. reported in, at paragraph Nos. 12 to 14 has observed as follows :
“12. Man is a social animal. He needs a family as well as a society to live in. The man needs both to share his emotions and feelings. Being human beings, prisoners also wound like to share their problems with their life partner as well as with the society. Just because, they are termed as prisoners, their right to dignity cannot be deprived.
13. Out of four theories of punishment, India has accepted the theory of reformation also. The concept of reformative theory is best, as it says that the human being to be reformed would become the productive member of the society. If that is to be done, prisons have to be transformed as homes for the purpose of giving training morally as well as intelligently, so that the prisoners are denuded of the qualities of a criminal. The psychologists and psychiatrists believe that the frustration, tension, the ill feelings and the heart burning can be reduced and a human being can be better constructed if they are allowed conjugal relationship even rarely. Therefore, while considering the merits and demerits of allowing conjugal visits or permitting leave for the purpose of artificial insemination, the advantages are more than the disadvantages.
14. Conjugal visit leads to strong family bonds and keep the family functional rather than the family becoming dysfunctional due to prolonged isolation and lack of sexual conduct.”
5. Being in agreement with the observations herein above reproduced, we consider it appropriate to grant leave to the petitioner’s husband/Life Convict namely, Perumal @ Pethaperumal for the purpose stated by the petioner for a period of two weeks i.e. from 10.00 a.m. of 15.12.2018 to 10.00 a.m. of 29.12.2018,subject to the following conditions:-
(i) The Life Convict, viz. Perumal @ Pethaperumal(husband of the petitioner), now confined at the Central Prison, Cuddalore, is granted two weeks leave from 10.00 a.m. of 15.12.2018 to 10.00 a.m. of 29.12.2018, for the purpose of Conjugal Visit.
(ii) The Superintendent of Prison, Central Prison, Cuddalore, is directed to pass appropriate orders in releasing/permitting the detenu/Life Convict namely Perumal @ Pethaperumal, granting him two weeks leave for the aforesaid purpose.
(iii) The Jail Authorities are directed to release the Life Convict viz., Perumal @ Pethaperumal (Husband of the petitioner), on production of a copy of this order;
(iv) It is patently made clear that the Life Convict Perumal @ Pethapermual should be granted leave for period of two weeks from 15.12.2018 i.e. from 10.00 a.m. of 15.12.2018 to 10.00 a.m. of 29.12.2018 and he should be brought back to the Central Prison, Cuddalore by 1.00 p.m. on 29.12.2018, without fail.
(v) The Jail authorities, during the two weeks period of leave, as mentioned above, shall provide adequate and proper escort to the Life Convict, Viz., Perumal @ Pethaperumal, in order to ensure his safety and security and the expenses for escort shall be borne out by the State Government.
6. With the above said observations/directions, the present Habeas Corpus Petition stands disposed of,
7. Post the matter on 02.01.2019 for reporting compliance.
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