"Right To Marry Facet Of Article 21": Rajasthan HC Allows Wedding Between Two Life Convicts In Open Jail

The Rajasthan High Court on July 15 permitted the marriage between two life convicts holding that the solemnisation of marriage between two consenting adults is an intrinsic facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution.

Court allowed the wedding to be solemnised inside an open jail, where the groom (Moola Ram) is lodged, while the bride (Seema), also a life convict, is presently out on bail.

A division bench of Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar passed the order on an application moved by Moola Ram, who was convicted for Murder.

The applicant has been in custody since February 16, 2017, and was admitted to the Open Air Camp at Mandor, Jodhpur after being found eligible under the prescribed norms.

The application stated that the applicant wished to marry Seema, another life convict who has since been released on bail.

His counsel argued that permitting the marriage would further the objectives of rehabilitation and reformation while enabling the couple to settle down and build a family.

Reliance was placed on the Rajasthan High Court's decision in Nand Lal v. State Department of Home & Ors., which recognised the significance of conjugal rights, procreation and the reintegration of prisoners into society.

The State placed before the court a report dated July 13, 2026, confirming that the applicant and Seema were in a live-in relationship and intended to solemnize their marriage.

On a specific query from the bench, the Public Prosecutors submitted that such a marriage could lawfully take place within the open jail and that the State had no objection, provided the ceremony was conducted while maintaining the decorum and sanctity of the prison premises.

Accepting the submissions, the bench observed: "Solemnization of marriage between two consenting adults is an intrinsic facet of right of life and personal liberty guaranteed under Article 21 of the Constitution of India. The institution of marriage finds recognition across all major religions and cultures and has constituted a foundational unit of society".

Court also referred to its earlier decision in Nand Lal, where it had observed that the purpose of parole is to facilitate a prisoner's re-entry into mainstream society and recognised the importance of protecting the rights of an innocent spouse.

The earlier judgment had also discussed the constitutional protection available to prisoners under Article 21 and referred to judicial precedents recognising that the right to procreation survives incarceration.

Taking note of the factual matrix of the case and the State's no-objection, the bench permitted the marriage to be solemnized inside the open jail.

It directed that up to 21 family members, including those performing the marriage rituals, be allowed to enter the prison premises at a time to be fixed by the authorities.

Court further left it open to the prison authorities to permit additional guests, if considered appropriate, impose conditions necessary to maintain discipline and decorum, and clarified that all expenses of the ceremony would be borne by the applicant.

The application was disposed of accordingly.

Case Title: Moola Ram v State Of Rajasthan

Order Date: July 15, 2026

Bench: Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar