The Madras High Court by an order dated November 26, 2018, in the case of P. Muthumari v. The Home Secretary (Prison) & Ors. observing that the “conjugal visits leads to strong family bonds” has granted two weeks’ parole to a life convict for the purpose of conjugal visit.
A Bench comprising of Justice C.T. Selvam and Justice S. Ramathilagam was hearing a petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to grant parole for two months to the petitioner's husband, Perumal a life convict currently lodged in Central Prison, Cuddalore.
The Additional Public Prosecutor had submitted before the court that since the petitioner’s husband is an under trial prisoner in two cases, the jail authorities are precluded from granting him leave under Section 35 of the Tamil Nadu Suspension of Sentence Rules, 1982.
The court, however, allowed the petition, relying on the judgment in the case of Meharaj v. The State and Ors., in which the Madurai Bench of the Madras High Court had recognised the importance of conjugal visits, observing, “The psychologists and psychiatrists believe that the frustration, tension, the ill feelings and the heart-burnings 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.
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 contact.”
The court posted the matter on January 2, 2019, for reporting compliance.