India: A prison in Punjab where prisoners can have sex with their spouses
Recently the prisoners of Indian Punjab have been given a facility which is causing much debate.
Gurjeet Singh, the first inmate to take this facility, said that a prison is a prison. A prisoner in any prison feels lonely. Lives in depression but last few days when my wife came to visit me in prison and we were allowed to spend few hours in solitary here. It was an extraordinary help for me.
Gurjeet Singh is accused of murder and is 60 years old and is lodged in Gondwal Jail in Tarn Tarn district of Punjab.
Gurjeet is grateful to the Punjab government for this facility. In fact, Punjab has become the first state to allow husband and wife to meet in solitary confinement inside the jail.
After this law, inmates in jail will be able to meet their husband or wife in isolation. During this meeting they may also establish physical relations.
Physical contact is now allowed
Gurjit says that we are married, marriage is a sacred bond of love. So now that the government is giving married couples a personal meeting in jail, we should take advantage of it.
Earlier in Punjab, prisoners were not allowed to have physical contact with any visitors. They were ordered to talk on the phone or keep their distance. Meanwhile, there was a glass wall between them.
Punjab Special Director General (Prisons) Harpreet Sidhu told BBC that there is no point in punishing the spouse who is not in jail. We want to de-stress the prisoners and ensure their reintegration into society. So we decided to allow prisoners to meet their partner in solitary confinement in Punjab jails. This is the principal pilot undertaking of its sort in the country.
On September 20, the facility was launched in the first three jails. By October 3, this facility has been restored in 17 out of 25 jails in the state.
He said that sex between couples is a necessity. It is allowed in prisons in many countries. We also noticed that there are many court orders, which support such a move.
Officials say the project was a hit. In the first week itself, 385 applications were received from prisoners for permission to visit their spouses.
Joga Singh, 37, is accused of cheating and is in jail.
He said in a conversation with the BBC that I had not met my family for many months. This was bothering me inside but because of this plan I was allowed to visit my wife alone inside the prison. It filled me with energy.
Room arrangement for meeting
We visited a jail in Gondwal Sahib. Like every prison, there is a double clearance security system i.e. one has to pass through the second gate after the main gate.
Went inside and saw that a room has been made on the first floor for the convenience of the prisoners meeting their husbands or wives. The room also has a double bed and a washroom. A table, two chairs, a small stool, a jug full of water and two glasses are also placed.
Prison superintendent Lalit Kohli told the BBC that when husband and wife meet, the room is locked from the outside. Couples are allowed to stay inside for two hours.
Meanwhile, if they feel any need, they can ring the bell there. Like any other jail superintendent, Kohli has the right to allow or reject such a meeting between husband and wife.
Condoms are also provided to couples during this visit.
Kohli says a prisoner's record of good behavior is paramount in allowing such visits. Currently, only husband and wife are allowed such a meeting.
As per rules, all exit points and windows are closed during this time.
Not just for sex
The Punjab government in its notice referred to the dictionary to explain the meaning of married life and said that married couples can have sex during their visit in jail.
Jail officials say such visits are aimed at strengthening family ties.
This will promote better behavior of the inmates and also avoid the negative effects of prison and may increase the chances of rehabilitation of the inmates.
Such meetings are allowed in many countries, the government notice said.
They include many countries including America, Philippines, Canada, Saudi Arabia, Germany, Australia, Brazil, France.
These countries have special rules for such meetings. Harpreet Singh says that there is no such rule in India at present.
Often inmates and their families have been going to court with petitions to release them on parole to maintain their married relationships.
This year, the court rejected such a plea by a woman. The woman had demanded the release of her jailed husband on parole. Her significant other was in prison blamed for homicide.
The Haryana government had also constituted a Jail Reforms Committee under the leadership of Justice HS Bhalla in 2021 to frame norms for providing such facilities to prisoners.
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Which inmates cannot avail this facility?
Jail officials said that all the 18 accused in the Sidhu Musewala murder case are lodged in Gondwal Sahib Jail. It is considered to be the most secure prison in the state.
However, these officials said that gangsters and more dangerous prisoners are not allowed to meet their spouses in such meetings.
According to the rules, high risk prisoners, gangsters and terrorists will not get this facility. Child molesters, sex offenders and those accused of domestic violence will also not get this facility.
Detainees who have TB, HIV, physically sent infections will likewise not get this consent. In such a case, a clearance must be obtained from the jail doctor.
The people who have carried out any wrongdoing in prison during the most recent three months will likewise not get this office. Prisoners who have not been on duty for three months have also been deprived of this facility. Those who do not behave well and break the jail discipline will also not get this facility.
According to this rule, preference will be given to prisoners who have been in jail for a long time. Preference will also be given to those having one child. Those eligible for parole are placed at the bottom of the priority list as such prisoners are allowed to go home once every six months.
Criticism of facilities in prisons
Criticism has also started on the facilities provided by the Punjab government to the prisoners.
Sidhu Musewala's mother Charan Kaur has also been among the outspoken critics of the 'excessive facilities' given to prisoners.
After Deepak Tinu, one of the accused in this murder case, escaped from jail, he said that 'Punjab government is providing facilities to gangsters in jails.'
Deepak was a close associate of Moseswala murder case accused Lawrence Vishnoi. Charan Kaur, while meeting the inmates in the jails, pointed out the 'bed' arrangement.
But with this new step of the Punjab government, there is an atmosphere of happiness among the prisoners and their families.
Gurjeet Singh, who was the first to get this facility, said that it should be restored in this way not only in all the jails of Punjab but also in the jails of other states. This will be a big step towards reforming prisons.