Life Convict Gets Leave To Try For Baby. It's His Right, Says Court

Chennai: A 40-year-old man serving a life sentence has been granted two-week leave by a court in Tamil Nadu so that he and his wife can have a child. "The convict's wife's legitimate expectation to have a child cannot be declined," said the Madras High Court, granting the convict leave for "the purpose of procreation".

The man had been denied parole earlier. Rejecting the state government's concerns, the court said "for extraordinary reasons, prisoners should be given leave".  A policeman in plainclothes is likely to escort the prisoner, who has been in jail for 18 years.

In response to a petition by the convict's 32-year-old wife, Justices S Vimala Devi and T Krishna Valli said, "preliminary investigation has found that there was a possibility of the prisoner having a child." They also said the leave could be extended by two more weeks after medical treatment.

The couple has no children and the wife had requested temporary leave for her husband to help in infertility treatment.

"Providing for release of prisoner for the purpose of procreation of child with available law can be done. It can be interpreted as a request covered under extraordinary reason," they said.
The court directed the state government to have a committee examine how conjugal visits can be permitted in jails, as it is in many other countries.

The judges noted that the centre had passed a resolution that said conjugal visits are a right, not privilege, and prisoners should be entitled to have their wish.

Conjugal visits, the judges said, "help prisoners maintain their relationship with their families, reduce recidivism and motivate and an incentive to good prisoners."

Reforming prisoners is part of the correctional mechanism in criminal justice, they added.
"The right of prisoners to conjugal visits has been recognised in a few countries. If prisons are overcrowded the government should find solution for such problems," they said.

The state government had opposed the convict's leave arguing that his life is in danger and the rules don't allow such requests.
"We are happy, we struggled for 18 years," said a relative of the convict.