Society

Should inmates be accorded conjugal rights?

Prison is extremely tough and most times unbearable. No one wishes to experience it.

In order to improve the situation for prisoners, some human rights campaigners in the country have been calling for the introduction of conjugal visits to inmates. These calls seem to be gaining momentum now.

Inmates at Mzimba Prison say their meals have not changed
Inmates at Mzimba Prison say their meals have not changed

A conjugal visit is an arranged visitation during which a prisoner is allowed to spend some time in private with a legal spouse where they engage in sexual activity.

Alfred Munika, regional team leader for Paralegal Advisory Services Institute (Pasi), an organisation borne out of a programme of penal reform and fights for prisoners’ rights, among others, observes that in countries where this is practiced conjugal rights for inmates are recognised as a basis for preserving and maintaining family bonds as well as enhancing prisoners’ of re-adapting quickly to life after prison.

He explains: “Conjugal visits tend to check habitual relapse into crime and it allows a relationship on an emotional breakdown to be maintained throughout the jail period hence the family gets restored,”

However, he says, the county’s current laws do not allow conjugal rights because they are one of several limited rights to those in conflict with the law.

“But there was a proposal to the Special Law Commission recently on the review of the Prisons Act so that it should have a provision of conjugal rights at least once a month. This was proposed as one way of reducing the spread of HIV and Aids; to prevent spouses of prisoners from indulging in sexual activities while the other party is incarcerated. This suggestion was floated, but consultations on the review of the Prison Act are still going on and we aren’t sure whether or not the actual Bill will incorporate that provision,” says Munika.

He further says the challenge in the implementation of the idea would come in form of infrastructure as well as people’s perception.

“When the argument was put forward it was convincing, especially when you look at the HIV and Aids part of it. But if one argues that prisoners need these rights because they spend so much time without having sex with their spouses then it doesn’t obtain. The other challenge will be how to convince people to embrace this idea because it would be deemed to be in conflict what people consider normal practice,” he says.

Chief Commissioner of Prisons Kennedy Nkhoma firmly dismisses the idea.

He says: “Let’s not confuse things with alien cultures because they won’t help us in any way, we should maintain the status quo because it brings dignity. I should state clearly that the country’s laws which give us the mandate to run prisons, don’t allow this provision. According to Section 89 of the Prisons Act prohibits that and it’s punishable by law. We can’t allow it in any case and the laws won’t allow this. Spouses can come to prisons to see their loved ones, but no sexual intercourse is entertained within prison walls.”

Nkhoma says allowing the argument to materialise will kill the whole essence of being in prison which is to rehabilitate a person.

“Why should an inmate be given such a privilege? As a matter of fact, it would be unfair to our officers because you can’t keep an officer or prison warden guarding or watching a couple having sexual intercourse,” he says.

According to him, the Prison Act spells out that when a prisoner is talking to or meeting any outsider they have to be in the sight and hearing of a prison officer.

“So how can this happen? Except under very exceptional circumstances, I feel this is unbecoming. In fact, when a judge hands a prison sentence to a convict, it means he’s convinced beyond doubt that the person needs to be separated from the society and this includes  sexual partners,” adds Nkhoma.

A former convict who preferred to go by the name Nyengo thinks the privilege should be accorded to keep prison rape or homosexual acts down.

“I believe it would bring order in prisons because it would incentivise inmates to work hard in prison. Inmates would always be put in check so as not to infringe on any regulations which might disqualify them from having such visits,” says Nyengo. n

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