The Uttarakhand High Court will examine the Constitutional question regarding an incarcerated prisoner’s right to procreate..A Bench of Chief Justice RS Chauhan and Justice Alok Kumar Verma was hearing a plea by a prisoner's wife seeking short term bail so that they could start a family..The High Court during the hearing also expressed its intent to examine the scope of rights of a child born out of such a union where he would be deprived 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..The short term bail plea was filed through advocate Himanshu Pal by a prisoner’s wife after the rejection of two earlier bail pleas. The prisoner was sentenced to 20 years rigorous imprisonment and had been in prison for the last seven years. The wife submitted that it had only been three months to the wedding when her husband was arrested due to which they could never start a family..The Court tagged the application with a Public Interest Litigation being heard by the Court on jail rules. The same is set to come up for hearing on 31 August..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.
The Uttarakhand High Court will examine the Constitutional question regarding an incarcerated prisoner’s right to procreate..A Bench of Chief Justice RS Chauhan and Justice Alok Kumar Verma was hearing a plea by a prisoner's wife seeking short term bail so that they could start a family..The High Court during the hearing also expressed its intent to examine the scope of rights of a child born out of such a union where he would be deprived 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..The short term bail plea was filed through advocate Himanshu Pal by a prisoner’s wife after the rejection of two earlier bail pleas. The prisoner was sentenced to 20 years rigorous imprisonment and had been in prison for the last seven years. The wife submitted that it had only been three months to the wedding when her husband was arrested due to which they could never start a family..The Court tagged the application with a Public Interest Litigation being heard by the Court on jail rules. The same is set to come up for hearing on 31 August..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.
