Rajasthan High Court grants 15 days parole to convict so that he can father a child

The Rajasthan High Court has granted 15 days parole to her husband serving life imprisonment so that he can father a child.

Published: 08th April 2022 11:38 PM  |   Last Updated: 08th April 2022 11:38 PM   |  A+A-


For representation purposes


JODHPUR: Holding that a wife's sexual and emotional needs associated with marital life should be protected, the Rajasthan High Court has granted 15 days parole to her husband serving life imprisonment so that he can father a child.

A division bench of justices Farzand Ali and Sandeep Mehta granted this permission to Nand Lal, while quoting various religious texts and socio-humanitarian aspects as well as fundamental rights of a couple of having a progeny.

The court observed that there was no express provision in the Rajasthan Prisoners Release On Parole Rules, 2021 for releasing the prisoner on parole on his wife's plea to have a baby.

It, however, granted the relief stating "considering that wife's sexual and emotional needs associated with marital lives are affected and in order to protect the same, the prisoner ought to have been awarded cohabitation period with his spouse".

The interesting matter came up before the high court in a petition by convict Lal, serving the life imprisonment at Ajmer Central Jail, through his wife after the District Parole Committee of Ajmer kept his parole plea undecided.

Her ground for seeking parole as stated in the application was "she has not begotten any issue from their wedlock and thus, for want of progeny, she craves for 15 days emergent parole (sic)".

In its observation, the court stated that the couple has no issue since their marriage till date and having an offspring for the purpose of preservation of lineage, has been recognized through religious philosophies, the Indian culture and various judicial pronouncements.

"The wife of the prisoner has been deprived of her right to have progeny whilst she has not committed any offence and is not under any punishment. Thus, denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny, would adversely affect the rights of his wife," the court stated.

Citing religious scriptures, the court said that the right of having a progeny also finds mentioning in the religious scriptures and is mentioned in the literature available on various sites.

Referring to 'pitra-rin' according to Hindu mythology, it said this debt could only be paid by maintaining the continuity of life which is by giving birth to offsprings.

With these observations, the court ordered the release of Lal on parole for 15 days on furnishing a personal bond of Rs 50,000 along with two surety bonds of Rs 25,000 each.

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