‘Progeny key to preserving lineage’: Rajasthan

The Rajasthan High Court has granted 15-day parole to a person serving a life sentence for homicide, endorsing the plea of the convict for need of progeny. In its order, the court docket has cited spiritual texts, observing that ‘for a married woman, completion of womanhood requires giving birth to a child’.

The double bench of Justices Sandeep Mehta and Farzand Ali handed the order on April 5 whereas listening to the petition of 1 Nand Lal, 34, of Bhilwara district, who’s at the moment lodged within the the Ajmer Central Jail.

“In December last year, we had approached the Ajmer Collector, who is the chairman of the district parole committee. We had sought parole for Lal as his wife has not begotten any issue from their wedlock and thus, for want of progeny. But after no order was passed by the committee, we approached the high court,” mentioned KR Bhati, the counsel for the petitioner.

In its order, the court docket mentioned that having progeny for the aim of preservation of lineage has been recognised by spiritual philosophies, the Indian tradition and numerous judicial pronouncements.

“As regards the right of convict is concerned, connecting the same with Hindu philosophy, there are four Purusharths, object of human pursuit which refer to four proper goals or aims of a human life. The four purushuarths are Dharma (righteousness, moral values) Artha (prosperity, economic values), Kama (pleasure, love, psychological values) and Moksha (liberation, spiritual values, self-actualization),” the court docket mentioned.

The court docket added that when a convict is in jail, he/she has to carry out three of the 4 purusharths — Dharma, Artha and Moksha — alone, nevertheless, so as to pursue the fourth (Kama), the convict depends on his/her partner in case he/she is married.

“At the same time, the innocent spouse of the convict is also deprived to pursue the same. 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 as for a married woman, completion of womanhood requires giving birth to a child. Her womanhood gets magnified on her becoming a mother, her image gets glorified and becomes more respectful in the family as well in the society,” the court docket order mentioned.

The court docket added that the spouse of the petitioner shouldn’t be disadvantaged to dwell in a situation whereby she has to endure residing with out her husband after which with out having any kids.

The court docket additionally referred to non secular texts from Hinduism, Judaism and Islam in its order.

The court docket additional added that the suitable of progeny will be carried out by conjugal affiliation and the identical has an impact of normalising the prisoner.

“In view of the fact that the spouse of the prisoner is innocent and her 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. 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,” says the court docket order.

Rajasthan Additional Advocate General Anil Joshi mentioned that the state authorities had objected to the petition on the grounds that the principles don’t have a provision to grant parole for need of progeny.

“The purpose of parole is to let the convict to re-enter into the mainstream of the 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 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,” mentioned the court docket order.

The court docket mentioned that Article 21 of the Constitution ensures that no individual shall be disadvantaged of his life and private liberty besides in response to process established by regulation. It contains inside its ambit the prisoners additionally, mentioned the court docket in its order.

“As an upshot of the observations made herein above, we are of the considered view that though there is 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; yet considering the religious philosophies, cultural, sociological and humanitarian aspects, coupled with the fundamental right guaranteed by the Constitution of India and while exercising extra ordinary power vested in it, this Court deem it just and proper to allow the instant writ petition (sic),” mentioned the court docket, granting parole to the convict prisoner.

The court docket mentioned in its order that Lal shall be launched on emergent parole for a interval of 15 days from the date of his launch supplied he furnishes a private bond within the sum of Rs 50,000 together with two surety bonds of Rs 25,000 every to the satisfaction of the Superintendent, Ajmer Central Jail on ordinary phrases and situations.

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