Contrary to popular belief in Pakistan, just like other humans, prisoners also have rights. One of those rights is to have conjugal visits.
But despite a decade-old court order, it remains a pipe dream for the incarcerated population of Sindh.
Conjugal rights are granted to prisoners who are married to allow them to meet their spouse during their detention.
In conjugal visits, due regard is given to their privacy by letting them spend time in a room.
In Sindh’s context, following an order of the Supreme Court regarding prison reforms and conjugal rights, a notification was issued by the home department back in 2010.
It stated that the spouse of a prisoner would be allowed to meet them either during the day or at night, once every three months.
However, 13 years later, the notification has not resulted in any change.
The special rooms that were supposed to be built to ensure conjugal rights are nowhere near construction.
Intizar Khoso, whose brother has been in Larkana Jail for the past eight years, says that the disregard for prisoner’s rights was evident from how his brother was being treated.
“He has been serving time for a crime he did not commit and during this period we have requested the jail officials multiple times to let him meet his wife but they shoo us away with the excuse that there is no such arrangement in the jail,” he said.
He added that the family has to pay the officials between Rs2,000 to Rs 3,000 for regular visits.
Officials at the home department told the Express Tribune, on the condition of anonymity, that the plan to build separate rooms had not received any funding.
“Our department asked for the requisite funds to ensure conjugal rights in the 2011-2012 budget but the finance department never released these funds. Therefore, the 2010 notification has not been implemented,” said an official.
The Express Tribune also spoke to Dr Ghulam Sarwar Jamali, former additional inspector general (IG) for Sindh, regarding the lack of implementation of the Supreme Court’s conjugal rights order.
He said that it was not a major concern.
“The actual issue is the lack of jail reforms over the years and the number of prisoners languishing in jails without having had a trial,” remarked Dr Jamali.
He added that the Karachi Central Jail had a capacity of 2,400 prisoners but housed around 5,000 prisoners.
“Building rooms for conjugal rights should not be the priority. Besides, how many rooms can you build in a jail when it is already overcrowded? The government’s focus should be on implementing the court orders which call for immediate jail reform,” suggested Dr Jamali.
Sindh Home Secretary Dr Saeed Ahmed Magnejo, when asked about Dr Jamali’s suggestions and the disregard of conjugal rights, said that the department remained committed to upholding the rights of prisoners.
“We will present a new scheme for conjugal rights and request funding in the upcoming budget. Hopefully, it will be accepted and we will make headway in this regard in the coming year,” reassured Dr Magnejo.
The Express Tribune also reached out to the IG Jails, Kazi Nazir, multiple times to get his thoughts on providing a space for conjugal visits but did not hear back from him.
Iqbal Detho, a human rights activist who was recently became the chairperson of the Sindh Human Rights Commission, said that conjugal rights are recognized the world over. They are part of the prison reforms that help mold the behaviour of prisoners, he said.
“Conjugal visits are the inherent right of married couples. Their interpersonal relationships play pivotal role in improving psychological disorders of prisoners. It must be implemented in Pakistan,” he said.
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