SC to hear plea against Rajasthan HC parole to life convict for procreation

The plea argues that Rajasthan HC order has opened the floodgates for parole applications on similar grounds

The Supreme Court on Monday decided to consider a plea by the Rajasthan government against a High Court order that granted 15 days parole to a man serving a life sentence to allow him to have a conjugal relationship with his wife for progeny.

A counsel representing the state government contended before a bench headed by Chief Justice N V Ramana that this order by the Rajasthan High Court had opened the floodgates for parole applications on similar grounds. “Many convicts are coming and applying for parole," the counsel added, urging the court to hear the matter.

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After hearing brief submissions, the apex court agreed to examine the plea next week.

The High Court had allowed the application filed by life convict Nand Lal through his wife. He had contended that his imprisonment had deprived his wife of her right to have progeny, even though she had not committed any offence and was not under any punishment.

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The High Court, in an order passed on April 5 this year, noted that the spouse of the prisoner was innocent and her sexual and emotional needs associated with marital life were affected. In order to protect the woman's rights, the court ruled that the prisoner should be allowed a cohabitation period with his spouse. “Thus, viewing from any angle, it can safely be concluded that the right or wish to have progeny is available to a prisoner as well, subject to the peculiar facts and circumstances of each case,” the High Court had observed.

The High Court had said in a case where the innocent spouse is a woman and she desires to become a mother, the responsibility of the state is more important because for a married woman, realisation of womanhood requires giving birth to a child.