PRISONS ARE SIGHTS OF PUNISHMENT AND DETERRENCE. A prisoner does not enjoy every fundamental right. The prison industrial complex inherently curtails certain rights. But what about particular basic rights necessary for human existence?
Conjugal visitations are private, unsupervised meetings between the prisoner and his spouse within the jail premises, catching moments of sexual intimacy and emotional exchange involved in a marital tie. An old debate arises in this context – should the prisoner be allowed state-sponsored intimacy?
In 1982, scholar A. Goetting observed that conjugal association schemes globally are sporadic and patternless. Countries like Spain, Sweden, Norway, and Denmark had liberal policies, whereas the Netherlands, Switzerland, West Germany, and Yugoslavia preferred restrictions.
The United Kingdom and the United States federal prisons strictly prohibit conjugal visitations. Interestingly, some American states like California, Washington, and New York permit conjugal visitations, while others like Mississippi and New Mexico terminated their long-running scheme in 2014.
In the Asian landscape, Japan forbids conjugal visitations. On the other hand, the Philippines, along with other Islamic countries like Pakistan, Saudi Arabia, and Oman, recognise such visitations as a prisoner's right.
India allows visitations only in open prisons. However, the Punjab government inaugurated the ‘Parivar Mulakat’ scheme in 2022, allowing prisoners private time and space with their spouses. It was suspended later due to security threats.
Conjugal visits are encouraged by criminologists as a measure to combat the practice of sodomy among prisoners. However, such visitations pose risks of the spread of sexually transmitted diseases, smuggled contraband, and other security issues.
