“Right to life” and “personal liberty” guaranteed in Indian Constitution also includes rights of convicts or jail inmates for conjugal visits or artificial insemination in the alternative

The petitioner in the instant case stated that immediately after about 5 months of marriage, the petitioner's husband was accused of committing murder and was convicted and sentenced for life for the offence of murder.

Husband of the petitioner was in custody for seven years. The Petitioner who is a legally wedded wife of the convict and is aged about 25 years claimed that because of this separation with her husband, they could not be blessed with a child. Petitioner is looking for her treatment for infertility and arrangements for livelihood.

The petitioner prayed that even though her husband is a life convict still his fundamental right guaranteed under Art. 21 of Constitution of India may be enforced and he should be entitled to get a leave of about 90 days for the purpose of conjugal visits and to take care of the infertility problem by providing medical treatment to the petitioner so that she may beget a child. Her husband shall also make arrangements for her livelihood.

According to the report by the Indian Society for Assisted Reproduction, 10-14 % of the Indian population suffers from infertility. According to an estimate, this amounts to roughly one in every six couples in urban India.

The problem of infertility faced by the petitioner and for which she needs medical attention as also the arrangement of her livelihood are certainly family-related problems of the petitioner.

The right to have a conjugal visit or artificial insemination in the alternative is included under ‘right to life’ subject to regulatory procedure as may be provided by law. Medical check-ups and treatment of petitioners for infertility are an essential part of this right and without allowing the husband of the petitioner to get his wife treated for such purpose, the concept of this right shall remain only a hollow and shallow concept.

Prayer of the petitioner seeking to treat her medical conditions of infertility and looking for a conjugal visit of her husband is covered under ‘sufficient cause’ in broad categories laid down by Supreme Court which qualify as a ground to consider the case of husband of petitioner for grant of ‘Parole’ or ‘Furlough’.

Authorities were hence directed to consider the representation of petitioner for grant of ‘parole’ or ‘furlough’ to her convict husband.

Appearing Counsel/s : Mr.Bajarangi Lal, Mr.Ganesh Sharma, Mr.Sheo Shankar Prasad