Two convicts serving life sentences in Jodhpur's open jail will get married. The High Court considered it a right to life under Article 21.
In its verdict, the court stated that the marriage of two adults with mutual consent is part of the right to life and personal liberty under Article 21 of the Constitution.
A division bench of Justice Dr. Pushpendra Singh Bhati and Justice Praveer Bhatnagar delivered the verdict on this significant case.
The court also acknowledged that such a marriage strengthens the process of rehabilitation for the convicts and their return to the mainstream of society.
The order was passed while disposing of a temporary sentence suspension plea by Mularam, a resident of Nagaur. Mularam has been serving a life sentence since February 16, 2017, and is currently at the Mandor Open Air Camp.
On behalf of Mularam, advocate Kaluram Bhati informed the court that he wishes to marry Seema Gadse Gulab.
Seema is also convicted in the murder of her husband and is currently out on a 40-day parole.
The plea stated that the marriage would strengthen the rehabilitation and reform process for both. This would enable them to lead a normal family life in the future.
In support, a previous decision of the Rajasthan High Court was cited, which considered the marital and procreation rights of prisoners to be within the scope of Article 21.
A report submitted by the state government confirmed the desire of both to marry and their live-in relationship.
Public prosecutors also stated that the government has no objection to a lawful marriage being conducted in the open-air camp under jail rules.
The division bench directed that a maximum of 21 family members from both sides, including the priest conducting the marriage ceremony, will be allowed to enter the open-air camp.
The final decision to increase the number of guests will be made by the camp administration. Prior notice of the wedding date must be given, and Mularam himself will bear the entire cost of the ceremony.
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