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Human Rights Behind Bars: Evaluating Conjugal Entitlements In Indian Prisons




Niranjan Baghwar, National University of Study and Research in Law, Ranchi


ABSTRACT


This article explores the evolving jurisprudence surrounding conjugal rights for prisoners in India, emphasizing their recognition as an extension of the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. It examines key judicial decisions, international practices, and the pros and cons of granting conjugal rights to inmates. The analysis highlights the role of conjugal visits in prisoner rehabilitation, family bonding, and reducing undesirable behaviours in prisons. Recent developments and case law underscore the judiciary’s progressive stance, though challenges like overcrowded prisons and lack of explicit legal provisions persist. The article advocates for a structured policy to balance penological interests with human rights.


Keywords: Conjugal Rights, Prisoners, Article 21, Human Rights, Rehabilitation, Indian Judiciary, Family Bonds



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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