Landmark judgment reinforces marriage as a fundamental right under Article 21, allowing prisoners to wed within camp premises under stipulated conditions.
In a significant ruling, the Rajasthan High Court has reaffirmed the right to marriage as an intrinsic facet of the right to life and personal liberty under Article 21 of the Indian Constitution. The court permitted the solemnization of marriage between two consenting adults, including prisoners, within the premises of an open air camp under specific conditions.
The judgment was delivered in the case of Moola Ram, a convict serving time in an open air camp, who sought permission to marry Miss Seema, another convict currently out on bail. The petitioner argued that denying the right to marry within the camp would infringe upon fundamental rights guaranteed by the Constitution.
The court, comprising Justices Dr. Pushpendra Singh Bhati and Praveer Bhatnagar, considered precedents such as the Supreme Court's ruling in D. Bhuvan Mohan Patnaik v. State of Andhra Pradesh and the Punjab High Court's ruling in Jasvir Singh v. State of Punjab, which upheld the right to procreation and conjugal visits for prisoners as part of their fundamental rights.
The judgment also referenced the Rajasthan Prisoners Release on Parole Rules, 2021, which allows for parole in emergent cases, supporting the notion that marriage can take place within open air camps under controlled conditions.
The court emphasized that marriage, a foundational societal unit recognized across religions and cultures, should not be denied to prisoners, provided the sanctity and decorum of the open air camp are maintained. The ruling permits family members, up to 21 in number, to attend the ceremony, with the possibility of increasing the number based on the authorities' discretion.
The court outlined specific guidelines for the marriage, including the requirement for the applicant to bear all related costs and the authority's liberty to impose necessary conditions to maintain camp decorum.
This landmark judgment is seen as a step towards recognizing the rehabilitation and reintegration of prisoners into society, allowing them to exercise fundamental rights and maintain family ties even during incarceration.
Bottom line:-
Solemnization of marriage between two consenting adults, including prisoners, is an intrinsic facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Marriage within an open air camp can be lawfully conducted under specific conditions.
Statutory provision(s): Article 21 of the Constitution of India, Rajasthan Prisoners Release on Parole Rules, 2021, Section 11
Moola Ram v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2942479
