HC grants two week parole to lifer for conjugal visit
TNN | Dec 1, 2018, 12.12 AM IST
Chennai: The Madras high court has permitted a life convict to go on two weeks’ parole on a plea by his wife saying it was her right to have conjugal relations.
“Conjugal visit leads to strong family bonds and keeps the family functional rather than the family becoming dysfunctional due to prolonged isolation and lack of sexual contact,” a division bench of Justice C T Selvam and Justice P Ramathilagam quoted from a recent Madurai bench order while granting parole to Perumal, 28, of Tirunelveli, who married Muthumari, 23, on May 2 this year while out on parole.
Perumal was arrested for murder in 2008 by the Manoor police, Tirunelveli. In 2010, an additional sessions court convicted him and sentenced him to life imprisonment. Initially lodged in Palayamkottai prison Perumal was later transferred to Vellore Central Prison and then to Cuddalore Central prison.
An appeal moved by Perumal challenging the conviction was dismissed by the high court and a second appeal is pending before the Supreme Court.
Muthumari recently approached the court claiming that her husband was eligible for emergency leave under the Tamil Nadu Suspension of Sentence Rules for a conjugal visit.
Further quoting from the Madurai bench order, the judges added that man was a social animal and he needed a family as well as a society to live in. Man needs both to share his emotions and feelings. Being human beings, prisoners also would like to share their problems with their life partner as well as with society. Just because they are termed prisoners, their right to dignity cannot be deprived.
Out of four theories of punishment, India had accepted the theory of reformation also. If that is to be done, prisons have to be transformed as homes for the purpose of giving training morally as well as intellectually, so that the prisoners are denuded of the qualities of a criminal, the order added.
“Psychologists and psychiatrists believe that the frustration, tension, ill-feelings and heart burnings can be reduced and a human being can be better constructed if allowed conjugal relationship even rarely,” the court said. 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, it added.
TNN | Dec 1, 2018, 12.12 AM IST
Chennai: The Madras high court has permitted a life convict to go on two weeks’ parole on a plea by his wife saying it was her right to have conjugal relations.
“Conjugal visit leads to strong family bonds and keeps the family functional rather than the family becoming dysfunctional due to prolonged isolation and lack of sexual contact,” a division bench of Justice C T Selvam and Justice P Ramathilagam quoted from a recent Madurai bench order while granting parole to Perumal, 28, of Tirunelveli, who married Muthumari, 23, on May 2 this year while out on parole.
Perumal was arrested for murder in 2008 by the Manoor police, Tirunelveli. In 2010, an additional sessions court convicted him and sentenced him to life imprisonment. Initially lodged in Palayamkottai prison Perumal was later transferred to Vellore Central Prison and then to Cuddalore Central prison.
An appeal moved by Perumal challenging the conviction was dismissed by the high court and a second appeal is pending before the Supreme Court.
Muthumari recently approached the court claiming that her husband was eligible for emergency leave under the Tamil Nadu Suspension of Sentence Rules for a conjugal visit.
Further quoting from the Madurai bench order, the judges added that man was a social animal and he needed a family as well as a society to live in. Man needs both to share his emotions and feelings. Being human beings, prisoners also would like to share their problems with their life partner as well as with society. Just because they are termed prisoners, their right to dignity cannot be deprived.
Out of four theories of punishment, India had accepted the theory of reformation also. If that is to be done, prisons have to be transformed as homes for the purpose of giving training morally as well as intellectually, so that the prisoners are denuded of the qualities of a criminal, the order added.
“Psychologists and psychiatrists believe that the frustration, tension, ill-feelings and heart burnings can be reduced and a human being can be better constructed if allowed conjugal relationship even rarely,” the court said. 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, it added.
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