Tuesday, January 6, 2015

Right to procreation survives incarceration. High Court allows jail inmates to have sex with their partners


Researchers have found evidence that men evolved better navigation ability than women to engage in increased sexual activities because men with better spatial skills - the ability to mentally manipulate objects - can roam farther and beget children with multiple mates.

By testing and interviewing dozens of members of the Twe and Tjimba tribes in north-west Namibia, anthropologists showed that men who did better on a spatial task not only travelled farther than other men but also had children with more women.

"Navigation ability facilitates traveling longer distances and exploring new environments. The farther you travel, the more likely you are to encounter new mating opportunities," said Layne Vashro, the study's first author and Post-Doctoral Researcher in Anthropology from the University of Utah in the US.

"The Twe and Tjimba were good subjects for the study because they travel over distances of 120 miles during a year, navigating on foot in a wide-open natural environment like many of our ancestors," Vashro added.


The tribes have a comparatively open sexual culture.

"They have a lot of affairs with people they are not married to and this is accepted in their culture. Many men have children by women other than their wives," the authors said.

The findings showed that men travelled father than women and to more places than women.

Men reported visiting 3.4 unique locations across 30 miles per location on an average in a year, while women reported visiting only two locations across 20 miles, Vashro said.

"It looks like men who travel more also have children from more women - what you would expect if mating was the payoff for travel," he added.


The study was published in the journal Evolution and Human Behavior.
Justice Surya Kant of the high court has passed these orders while disposing of a petition filed by a couple - Jasvir Singh and Sonia - who are currently lodged in the Central Jail, Patiala. They were awarded the death penalty by a trial court for kidnapping and killing a 16-year-old boy of a rich Hoshiarpur family for a hefty ransom.

The duo had sought permission to stay together and resume their conjugal life for the sake of progeny. They wanted the court to order the jail authorities to make the necessary arrangements in this regard.

Jasvir had pleaded that he is the only son of his parents and that they had been arrested in the case within eight months of their marriage. The petitioners claim that their demand is not for personal sexual gratification.

The court however denied Jasvir's plea considering the heinous nature of the crime committed, but enlarged the scope of the petition in larger public interest. The judge held that right to life and personal liberty under Article 21 of the Constitution includes the right of convicts and jail inmates to have conjugal visits or artificial insemination as an alternative.


The court, however, held that these rights were to be regulated by law and were the sole prerogative of the state. For this, the court ordered the constitution of a jail reforms committee to be headed by a retired high court judge. The committee would formulate a scheme for creation of an environment for conjugal and family visits in jail. It will identify categories of inmates entitled to such visits.The reforms committee will also determine is couples, where both the husband and wife have been jailed should, as a matter of policy, be included in such a list. The decision would be taken keeping in view the risk to security, adverse social impact and multiple disadvantages to their child;
Committee has to make its recommendations within one year after visiting the major jail premises.

What the court said

* Right to procreation survives incarceration. Such a right covered by ambit of Article 21 of Constitution read with the Universal Declaration of Human Rights.

* The penological interest of the state ought to permit creation of facilities for the exercise of right to procreation during incarceration, may be in a phased manner, as there is no inherent conflict between the right to procreate and incarceration

Other members shall include a social scientist and experts in jail reforms and prison management.
In a historic verdict, the Punjab and Haryana high court has allowed jail inmates to have sex with their partners as long as they are married and want to have a child. The court, in an order made public on Tuesday, held that the right of convicts and jail inmates to have conjugal visits or artificial insemination for progeny was a fundamental right.



The court however denied Jasvir's plea considering the heinous nature of the crime committed, but enlarged the scope of the petition in larger public interest. The judge held that right to life and personal liberty under Article 21 of the Constitution includes the right of convicts and jail inmates to have conjugal visits or artificial insemination as an alternative.



"A society which is currently involved in academic and intellectual debates on 'gay-rights' or the recognition of 'third-gender', cannot shy away nor can it keep concealed under the carpet the pragmatic concept of conjugal visits of the jail inmates," the court observed. "To say it differently, time has come and before it is too late, the stake-holders must sit together and deliberate upon this crucial subject and take a holistic view."

No comments: