Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Kundan Singh v. The State Govt. Of NCT Delhi, has held that convict has a fundamental right to parenthood and procreation.

What was the Background of Kundan Singh v. The State Govt. Of NCT Delhi Case?

• The petitioner is presently confined in Tihar Jail, New Delhi and is serving a life sentence.
• The petitioner was convicted for the offences punishable under the provisions of the Indian Penal Code, 1860 (IPC) and was awarded rigorous imprisonment for life by the learned Trial Court.
• The petitioner has already spent more than 14 years in prison, excluding the period of remission.
• A plea was moved by the petitioner seeking his release on parole on the ground that he had been married for the last three years and does not have a child so far. He wanted to undergo certain medical tests as he and his wife wanted to have a child through IVF procedure.
• The High Court granted parole for four weeks.

What were the Court’s Observations?

• Justice Swarana Kanta Sharma observed that though the human right of personal liberty of a convict has to be surrendered in favor of the safety of the State and for establishing rule of law, the convict cannot be denied the protection of fundamental right to life, which will also include right to have a child, in the peculiar facts and circumstances of a case.
• The Court also observed that the right to procreation and parenthood is a fundamental right of a convict and protected under Article 21 of the Constitution of India, 1950 (COI).
• The Court further held that the right to procreation is not absolute and necessitates a contextual examination. By taking into account factors such as the prisoner's parental status and age, a fair and just approach can be adopted to preserve the delicate equilibrium between individual rights and broader societal considerations.

What is Article 21 of the COI?

About:

• This Article states that no person shall be deprived of his life or personal liberty except according to a procedure established by law.
• This fundamental right is available to every person, citizens and foreigners alike.
• The Supreme Court of India has described this right as the Heart of Fundamental Rights.
• This right has been provided against the State only.
• Article 21 secures two rights:
  • Right to life
  • Right to personal liberty

Case Laws

• In Francis Coralie Mullin v. The Administrator (1981), Justice P. Bhagwati said that Article 21 of the COI embodies a constitutional value of supreme importance in a democratic society.
• In Kharak Singh v. State of Uttar Pradesh (1963), the Supreme Court held that by the term life, something more is meant than mere animal existence.
  • The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed.
  • The provision equally prohibits the mutilation of the body by amputation of an armored leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.