Petition for Propagation of “OWN” species

My heart bled even as my friend made a mention about while we were strolling in the evening.

  • I have produced the whole article for Reader’s Benefit.

Death-row prisoner seeks conjugal rights

TNN, Mar 27, 2010, 05.17am IST

CHANDIGARH: In a first of its kind plea before the Punjab and Haryana High Court, a couple — awarded a death sentence and life term — has prayed for granting of conjugal rights within the prison so that they could give their family an heir. The couple has stated that the accused (husband) is the only son of his parents.

Jasvir Singh and Sonia had kidnapped a 16-year-old boy and killed him for a hefty ransom in Hoshiarpur in Punjab. They had committed the heinous crime within eight months of their marriage.

At present lodged separately in Central Jail, Patiala, the two were first awarded death penalty by the trial court under Section 364 A, 201, 120-B, India Penal Code, which was confirmed by the Punjab and Haryana High Court here.

However, the Supreme Court while upholding death sentence for Jasvir Singh converted the death sentence of Sonia into life imprisonment.

Submitting the plea through their counsel Gursharn Kaur Mann they said it was for the sole purpose of getting progeny, preservation of cell and propagation of species, the two most essential parts of right to life. Justice K Kanan observed during the preliminary hearing that a very good point had been raised in the writ petition filed under Article 226 of the Constitution.

The right to life, the counsel argued, was not confined to protecting yourself alone. Propagation of species was engrained in the right to life. Till the petitioners were living and one of them was not executed in line with the court orders, they had a right to life which included the right to propagate the species, of which sex life was a part of this right, it was further submitted by the counsel.

She also emphasized that in most advanced countries, the program of conjugal visitation had been implemented wherein the inmates and their spouses spent some personal time on prison premises, and may engage in sexual intercourse.

“Different countries like Brazil, Denmark, some states of the US, Canada, Australia, Russia, Britain allowed regulated conjugal rights which were running successfully,” the counsel added.

It had also been prayed that a doctor could check Sonia every month and the day it was discovered that she had conceived, the petitioners may be separated.

Justice Kanan has now issued notices to the Punjab home secretary, state prisons’ chief and the superintendent, Central Jail, Patiala for May 24, 2010, when the matter would be taken up again for further hearing in the light of the replies of the respondents, if available by then. The petition had been filed by Jasvir Singh and Sonia through former’s father Jarnail Singh.

This is what I have to say about this:

Granting Conjugal Rights may be just fine. Lets not separate them at all till the day of Sentence enactment.

They have taken somebody’s life away, how could they be granted the right to produce? Wasn’t the one killed somebody’s child, propagation of species & someone’s heir??

Three Aspects:

  1. Death Penalty is not the solution, neither is life Imprisonment. They should also not be abstained from getting intimate; instead, they should be forbidden to give birth or even adopt. They had the heart (or heartless maybe) to kill a teenage kid, what future would they award for their own child? Why was the other’s child’s blood not considered to be red? Life gone is life forgotten perhaps?
  2. What future would a child have whose parents have committed such an Unpardonable Crime? No sooner he would be born that he would be criticized by all & for no fault of his own. Have we really lost our Vision that we are unable to see the plight that innocent soul would go through after he is born?
  3. My heart cries as I write this. & I am crying actually. Please think that after this couple already having played with one innocent soul, isn’t now asking for yet another soul to put on the Sacrificing Alter? Just why are they bringing someone in this world just for the heck of it? Aren’t they behaving utterly selfish? Aren’t we too being by supporting it? What rights do we have to bear a child if we can give nothing towards his Life; worse, give Life full of shame & miseries? Are they authorized to be asking for a Progeny or even have a right to it? What humor!!
  • Once again, Conjugal rights may be fine.
  • The most appropriate punishment would be that they be both made to live either in Life Imprisonment or otherwise & all rights be taken to become parents.
  • They have displayed otherwise, now they should be MADE to LIVE with it.
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