Woman wanting a baby gets Rajasthan HC nod for 15-day parole for husband
The division bench observed that there are no clear rules for the birth of a child during parole, but having children for the purpose of preserving the lineage was recognized through religious philosophy, Indian culture and various judicial pronouncements.
FollowA bizarre case of parole has come to the fore in Rajasthan. The Rajasthan High Court has given parole to a man serving a life sentence based on a plea filed by his wife seeking to bear a child. A division bench of judges Sandeep Mehta and Farjand Ali granted 15-day parole to Nandlal, a resident of the Bhilwara district.
Wanting to bear a child from her incarcerated husband, the woman had approached the collector and sought parole. But after the collector did not take action on her plea, the wife approached the High Court.Â
Upon listening to the wife's contention, the court, on humanitarian grounds, ordered the husband to go on parole for 15 days. To note, Nandlal had got 20-day parole about eleven months ago.Â
Nandlal married shortly before he was sentenced. He has been serving a life sentence in Ajmer jail since February 6, 2019. He was given his first parole in May last year. Meanwhile, due to Coronavirus and other reasons, Nandlal's meeting with his wife and family could not be possible for almost two years.Â
His wife approached jail officers and the collector with her application. She approached the jail officials with a lawyer a few days ago and said that she wanted to become a mother. She urged them to let her husband out on parole for a few days so that her right could be fulfilled. When there was no response from the jail officials, she reached the collector and submitted her application. The collector, too, did not take it seriously and kept it pending.Â
Tired of waiting for a response, the woman went straight to the High Court and presented her side in front of the judge. She said that her husband unintentionally committed a crime and that he was not a professional criminal. She also claimed that her husband had been strictly following all the prison rules.Â
The division bench observed that there are no clear rules for the birth of a child during parole, but having children for the purpose of preserving the lineage was recognized through religious philosophy, Indian culture and various judicial pronouncements. The judges gave the example of Rig Veda and Vedic hymns and also called the birth of a child a fundamental right.Â
After hearing both sides, the court ruled that the couple had not had any problems since their marriage to date. According to Hindu philosophy, conception is at the top of the 16 sacraments, so it can be allowed.
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