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Synopsis

In a significant ruling, the Delhi High Court has affirmed that the right to procreation and parenthood is a fundamental right protected under Article 21 of the Constitution, even for convicts.

Justice Swarana Kanta Sharma emphasized that while this right is not absolute, its application should be context-dependent, considering factors such as the prisoner's parental status and age.

The court stressed the need for a fair and just approach to maintain a delicate balance between individual rights and broader societal considerations.

Court's decision reflects the consistent stance of the Indian judiciary, which has consistently rejected the notion that prisoners are devoid of fundamental rights. Justice Sharma, following this tradition, underscored the intent to interpret constitutional rights favorably in response to new situations and challenges.

The case in question involved Kundan Singh, serving a life sentence for murder, who sought parole after spending 14 years in jail. Singh, aged 41, and his 38-year-old wife expressed their desire to protect their lineage through procreation. Their request for parole, initially rejected, prompted Singh to approach the court.

While the Delhi Prison Rules, 2018, do not explicitly cite procreation of children and parenthood as grounds for granting parole, Justice Sharma asserted that this should not constrain a Constitutional Court from providing such relief.

Court maintained that if rules lack specific mention of a ground, a Constitutional Court has the authority to interpret and adjudicate a plea, considering the intent and context of the rules.

Justice Sharma concluded that Singh and his wife genuinely sought to preserve their lineage, deeming them entitled to parole. Accordingly, the court granted Singh parole for four weeks, subject to specified conditions.

This ruling underscores the judiciary's commitment to upholding fundamental rights, even in the unique circumstances of a convict seeking to exercise their right to parenthood. The decision signals a broader acknowledgment of the nuanced balance between punishment and reformation in the criminal justice system.

Case Title: Kundan Singh v The State Govt of NCT Delhi