Even prisoners have a fundamental right to sexual relations with and have kids from their spouses, a jailed undertrial today told Delhi High Court while seeking interim bail to consumate his love marriage.
"Except the right to free movement and profession, no other fundamental right is suspended even during imprisonment, although such other rights may only shrink to some extent because of the fact of imprisonment itself when compared to a free person outside jail," the counsel for the accused, who is in jail since 2008 in murder case, told Justice Mukta Gupta.
Vikas Padora, counsel for accused Sandeep Tyagi, also cited various case laws on the fundamental rights of prisoners.
Citing one of the judgements, the lawyer said "sex is an important part of any prisoner's life. It should be understood that a normal adult person will feel the urge to have sexual relationship with his wife and if prisoners are not granted some liberty, they may commit offences like sodomy inside prisons."
Earlier, the court had issued a notice to Delhi government on the plea of Tyagi, a former CRPF employee, that he be granted interim bail for 45 days "to consummate his marriage and attain fatherhood as the right to become parent/father/mother should be read as part and parcel of Article 21 of the Constitution."
He got married on February 1, 2008 but was embroiled in a kidnap-cum-murder case on October 25 same year and since then he is in a jail here.
Tyagi, 28, has said his wife is living alone as their love marriage was not approved by their parents and a child would help her in leading a happier life.
He had also said he could not consummate the marriage and plan their children.
