Jodhpur: Reaffirming that solemnization of marriage between two consenting adults is an intrinsic facet of the right to life and personal liberty under Article 21, the Rajasthan High Court permitted a murder convict lodged in an Open Air Camp to marry a fellow convict who is presently out on bail.
A Division Bench of Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar was hearing an application filed by Moola Ram, who was convicted under Sections 302, 201 and 404 IPC and has been in custody since 16 February 2017. He sought permission to marry Miss Seema inside the Open Air Camp at Mandore, Jodhpur.
The applicant submitted that permitting the marriage would further his rehabilitation and reformation, relying on the Rajasthan High Court’s earlier decision in Nand Lal, which recognised the importance of family life and the rights of prisoners under Article 21.
The State placed before the Court a report confirming that the applicant and Miss Seema were in a live-in relationship and intended to marry. It also informed the Court that there was no objection to the marriage, provided the decorum and sanctity of the Open Air Camp were maintained.
Accepting the submissions, the Court observed that the institution of marriage finds recognition across all major religions and cultures and has constituted a foundational unit of society.
It further reiterated that the right to procreation survives incarceration and is protected under Article 21.
Allowing the application, the Bench directed that the marriage be solemnized inside the Open Air Camp. It permitted up to 21 family members, including those performing the rituals, to attend the ceremony, while authorising prison authorities to regulate the event and impose conditions necessary to maintain the camp’s decorum.
The Court also directed that all expenses of the marriage shall be borne by the applicant and disposed of the application accordingly.