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Should sex behind bars be allowed? by Jinendra Parakh

 Should sex behind bars be allowed?

 ” If a person commits any crime, it does not mean that by committing a crime, he/she ceases to be a human being and that he/she can be deprived of those aspects of life which constitutes human dignity “

Man is a social animal and he needs a family and society to live his life. Every human being is in need of a life partner from whom he/she can share their feelings, emotions and the physical contact between the two individual cannot be denied. One cannot be happy merely by eating, drinking, putting on clothes, and having a house in which to stay. A desire is not merely the desire for food and clothing, though it is primary in some way. There are other insistent desires called Kama, or vital wishes to be fulfilled, which are other pressures exerted by the biological personality, which, too, cannot be ignored, as they are  part of oneself. Those who have lived a totally isolated life, unconnected with human society for a long period, will know the working of this kind of feeling in oneself. Being human being prisoners also have the same feelings as each and every individual in the society have. Basically there are four theories of punishment constituting preventive, deterrent, reformative and retributive theory. The concept of reformative theory is best as it says all prisons should be transformed into residences where physical moral and intellectual training should be given in order to improve the character of criminals. The sexual frustration that dominates almost every interaction in a prison is responsible for a great many of the ills that plague prison life and drive prison culture. Now the question arises should prisoners be provided in India with conjugal rights. A right that would enable the prisoner to have sexual relationship with their spouse. But before making any such law let us first critically analyze the merits and demerits of providing such right


Every issue raised constitutes pros and cons and same is applicable to providing conjugal rights so the various cons of conjugal rights cannot be denied.



Raising problems is good if we come up with an adequate solution. After critically analyzing the problem we come to certain reasonable, logical and rational solution to these problems which ultimately harms us and our society.

Advocate Anand Grover, appointed amicus curiae (friend of the court) in the case, said, “Whether we like it or not, there is sex in jails. It is an issue which everyone wants to sweep under the carpet”. Justice Majumdar observed, “There may be physical needs. See whether a separate place can be given to a prisoner and his wife for a day or two. The government is spending crores of rupees to curb the AIDS menace in jails. Instead why don’t you take preventive steps”. Comments from the eminent personalities clearly states that the issue of allowing sex in prison should be taken in consideration immediately. However there is always a place for positive feedback and the concept apply here also.

“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”

― Nelson Mandela


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