JODHPUR: A division bench of Rajasthan High Court in a significant decision granted 15 days parole to a life convict to allow him to perform conjugal relations with his wife to beget children. They observed that denial to the c-prisoner to perform conjugal relationship with his wife for the purpose of progeny would adversely affect the rights of his wife.
Justice Sandeep Mehta and Farjand Ali, while allowing the petition, observed, though there was no express provision in the Rajasthan Prisoners Release On Parole Rules, 2021 for releasing the prisoner on parole on the ground of his wife to have progeny it was yet considering the religious philosophies, cultural, sociological and humanitarian aspects, coupled with the fundamental right guaranteed by the Constitution of India and while exercising extraordinary power vested in it, this Court deems it just and proper to allow the instant writ petition.
As per reports in the Live Law the convicted prisoner named Nand Lal who was lodged at the Central Jail, Ajmer was undergoing imprisonment of around six years out of the sentence of life imprisonment awarded to him including remission. His wife had filed an application to the District Parole Committee to grant parole since he was of good behavior and requested 20 days parole. She stated that since she had not had children since their marriage and for want of progeny sought 15 days of emergency parole.As no order was passed by the Committee, the convict-prisoner filed a writ petition through his wife.
The bench observed that the right of progeny can be performed by conjugal association, this would also have an effect of normalizing the convict and also helps to alter the behaviour of the prisoner. The court opined that the purpose of parole is to let the convict re-enter the mainstream of society peacefully after his release. The wife of the prisoner has been deprived of her right to have progeny whilst she has not committed any offense and is not under any punishment, added the court. (Source: Live Law)