DELHI HIGH COURT: CONVICT HAS FUNDAMENTAL RIGHT TO PARENTHOOD AND PROSECUTION, INCARCERATION DOES NOT MAKE HIM LESSER CITIZEN

The Delhi High Court in the case Kundan Singh v. The State Of Govt. Of NCT of Delhi observed and has ruled that the convict has the right to parenthood and procreation and such an individual does not become a lesser citizen only due to the incarceration.

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The bench headed by Justice Swarana Kanta Sharma in the case observed and has stated that while, Judiciary in Bharat, has always stubbornly refused to hold that prisoners have no fundamental rights, this Court following the same tradition as handed over by judges of the Hon’ble Apex Court and this Court respectfully takes the intent to interpret the constitutional rights in favour of upholding and including new situations and the challenges holds that right to parenthood and procreation is fundamental right of a convict while considering the pecuniary facts of the matter.

The court in the case observed that though the human right of personal liberty of a convict has to be surrendered in favour of the safety of the State and for establishing rule of law, thus, the convict in the case cannot be denied the protection of fundamental right to life, which will also include right to have a child.