In a rare order, the Rajasthan High Court has allowed two life convicts to marry at the open-air prison in Mandore, Jodhpur, observing that the marriage of two consenting adults is protected under the right to life and personal liberty guaranteed by Article 21 of the Constitution.
The couple comprises a male convict serving a life sentence for murder and a female convict, who is also serving a life term for the murder of her husband. The court held that permitting such a marriage would further the objective of rehabilitation and help reintegrate convicts into mainstream society.
A division bench of Justice Dr Pushpendra Singh Bhati and Justice Praveer Bhatnagar passed the order while disposing of a petition filed by Moolaram, a resident of Nagaur, seeking temporary suspension of his sentence to solemnise the marriage. Moolaram has been serving a life sentence since February 16, 2017, and is currently lodged at the Mandore Open Air Camp.
According to his counsel, Advocate Kaluram Bhati, Moolaram wishes to marry Seema Gadse Gulab, who is serving a life sentence after being convicted of murdering her husband. Seema is currently out on a 40-day parole.
The petition argued that the marriage would aid the rehabilitation and reformation of both convicts, enabling them to build a stable family life after their release. It also relied on an earlier Rajasthan High Court judgment recognising the rights of prisoners to marry and procreate as part of the fundamental rights protected under Article 21.
In its report, the state government confirmed that both convicts wished to marry and acknowledged that they had been in a live-in relationship.
The public prosecutors informed the court that the state had no objection to the marriage being solemnised at the open-air camp, provided it was conducted in accordance with prison rules.
Observing that marriage is a fundamental social institution, the bench held that convicted prisoners cannot be deprived of the right to enter into a consensual marriage solely because they are incarcerated.
The High Court directed that a maximum of 21 family members from both sides, including the priest officiating the ceremony, would be permitted to enter the Mandore Open Air Camp for the wedding.
Any request to increase the number of attendees will be decided by the prison authorities. The court also directed the couple to inform the prison administration well in advance of the wedding date. All expenses related to the ceremony will be borne by Moolaram.
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