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Convicts have fundamental right to conjugal relationship only for specific purpose, not as a matter of course: Madras High Court

With this, the Bench noted that the denial of conjugal relationship sought for a specific purpose may amount to denial of a fundamental right under Article 21.

However, the same cannot be a construed as right to having conjugal relationship as a course.

If leave for having conjugal relationship is recognized to be a right under Article 21 of the Constitution of India, the prayer of similar nature can be made by the accused or his/her spouse time and again to have conjugal relationship,” the Court said.

This observation came on the Bench’s concern that if the right is recognised as a fundamental right, convicts would make frequent applications without restraint.

Source: Barandbench

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