Shivangi Prakash-
Published on: August 11, 2021 at 10:27 IST
Uttarakhand High Court will look into the Constitutional question of a prisoner’s right to procreate while confined.
The application of a POCSO convict sentenced to 20 years in prison for a short-term bail to create a family was heard by a Bench of Chief Justice RS Chauhan and Justice Alok Kumar Verma.
During the hearing, High Court stated that it would look into the rights of a child born out of such a union, where he would be devoid of a father, as well as the rights of the prisoner’s wife.
Further, the Bench even addressed the dilemma of balancing these rights with those of bachelors, noting that one cannot be denied of their rights for not being married.
Given the nature of the prisoner’s offence, the High Court had already rejected the prisoner’s bail petitions twice. Following denial of two previous bail applications, the prisoner’s wife submitted a short-term bail appeal through Counsel Himanshu Pal.
The prisoner had been in prison for the previous seven years and had been sentenced to 20 years of serious imprisonment. The wife said that her spouse was detained only three months after their wedding, depriving them of starting a family.
The application was tagged with a Public Interest Litigation (PIL) on jail rules that were being heard by the Court.
The Court directed advocate JS Virk, Amicus Curiae, and the counsel for the petitioner, advocate Shaifali Singh, to apprise the Court regarding policies related to this issue in international territories.
Also Read: SC Reserved Order on Medha Patkar Plea seeking interim release of prisoners in Pandemic
