The court ruled that denying conjugal rights will adversely affect the rights of his wife.
A 15-day parole to a life-term convict to father a child has apparently caused a flood of such petitions in Rajasthan. The parole order, granted by the High Court in April, has now been challenged in the Supreme Court by the state government. A bench led by Chief Justice of India NV Ramana has agreed to hear the matter.
"The order has opened flood gates. Many convicts are applying for parole on the same ground," the state government has told the top court in its petition.
On April 18, the Rajasthan High Court gave parole to Nand Lal -- who is in Ajmer Central Jail -- after his wife approached the court, seeking that she be allowed to have a child. Citing "want of progeny" she appealed that her husband be granted parole.
In her plea, she said she has been deprived of her right to have progeny, even though she has not committed any offence and has not been given any punishment.
The court ruled that denying conjugal rights to the prisoner in this case will adversely affect the rights of his wife. "She should not be forced to live in a condition wherein she has to live without her husband and not have any children for no fault of hers".
In the order, the bench of justices Farzand Ali and Sandeep Mehta quoted various religious texts and socio-humanitarian aspects as well as the fundamental right of a couple to have progeny.
In 2019, a convict was given a month's parole by the Punjab and Haryana High Court on the same ground. The convict had argued that right to conjugal visits and procreation is part of the right to life and liberty granted under the constitution.