The Delhi High Court, in a recent ruling, asserted that the right to life encompasses a convict’s right to procreate. Justice Swarana Kanta Sharma granted a four-week parole to a 41-year-old murder convict serving a life sentence, allowing him to pursue parenthood with his 38-year-old wife through certain medical procedures. The court emphasized that a convict should not be considered a lesser citizen solely due to incarceration. In this specific case, where time constraints could hinder the couple’s ability to conceive after the sentence, the fundamental right to have a child was deemed not surrendered in favor of the state.
The court clarified that it wasn’t addressing the parole issue for maintaining conjugal relationships but rather focusing on a convict’s fundamental right to undergo necessary treatment for parenthood according to jail rules. While acknowledging that the right to procreation is not absolute, the court emphasized the need to consider various factors, including the prisoner’s parental status and age. It advocated for a fair and just approach to maintain a delicate balance between individual rights and broader societal considerations.
In this particular case, the petitioner, imprisoned for 14 years, sought parole to protect his lineage. The court, recognizing the urgency of the situation, directed the release of the petitioner for four weeks on parole, subject to specified conditions. The ruling underscored the importance of addressing the nuanced aspects of individual rights within the context of incarceration.
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