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
