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(Guest)

Whether prisoner have right to procreate in jail?

Whether prisoner have right to procreate in jail?

 
 For the reasons assigned above, I sum up my conclusions and answer the questions as formulated in Para 9 of this order, in the following terms.-

i. Question - (i) Whether the right to procreation survives incarceration, and if so, whether such a right is traceable within our Constitutional framework?
Yes, the right to procreation survives incarceration. Such a right is traceable and squarely falls within the ambit of Article 21 of our Constitution read with the Universal Declaration of Human Rights.
ii. Whether penological interest of the State permits or ought to permit creation of facilities for the exercise of right to procreation during incarceration?
The penological interest of the State ought to permit the creation of facilities for the exercise of right to procreation during incarceration, may be in a phased manner, as there is no inherent conflict between the right to procreate and incarceration, however, the same is subject to reasonable restrictions, social order and security concerns;
iii. Whether 'right to life' and 'personal liberty' guaranteed under Article 21 of the Constitution include the right of convicts or jail inmates to have conjugal visits or artificial insemination (in alternate)?
'Right to life' and 'personal liberty' guaranteed under Article 21 of the Constitution include the right of convicts or jail inmates to have conjugal visits or artificial insemination (in alternate). However, the exercise of these rights are to be regulated by procedure established by law, and are the sole prerogative of the State.
iv. If question No. (iii) is answered in the affirmative, whether all categories of convicts are entitled to such right(s)?
Ordinarily, all convicts, unless reasonably classified, are entitled to the right to procreation while incarcerated. Such a right, however, is to be regulated as per the policy established by the State which may deny the same to a class or category of convicts as the aforesaid right is not an absolute right and is subject to the penological interests of the State.

Equivalent Citation: 2015CriLJ2282, 2015(1)RCR(Criminal)509
IN THE HIGH COURT OF PUNJAB AND HARYANA
C.W.P. No. 5429 of 2010 (O&M)
Decided On: 29.05.2014
Appellants: Jasvir Singh and Ors.
Vs.
Respondent: State of Punjab and Ors.
Hon'ble Judges/Coram:Surya Kant, J.
 

https://www.lawweb.in/2015/09/whether-prisoner-have-right-to.html



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