New Delhi
The Delhi High Court ruled that Indian law and prison rules do not allow parole for maintaining conjugal relationships, especially with a live-in partner. The court stated that there’s no fundamental right for a live-in partner to have a child with a convict, particularly if the convict has a legal spouse and children.
It must be noted that the current law does not permit parole for conjugal relationships, even with one’s legally wedded spouse, let alone with a live-in partner, Justice Swarana Kanta Sharma stated.
The court’s ruling came after denying parole to a man serving a life sentence who wanted release to consummate his marriage with a live-in partner. The man hadn’t disclosed that his live-in partner wasn’t his legal wife and that he was already married with three children.
The court explained that neither Indian law nor the Delhi Prison Rules support granting parole for maintaining conjugal relationships, especially when the convict already has a legally wedded spouse and children. Additionally, the convict’s live-in partner does not fit within the definition of family under the prison rules, which includes grandparents, parents, siblings, spouse, children, and grandchildren.
The court warned that allowing parole for conjugal reasons, especially when a convict has a legal spouse, could set a harmful precedent, leading to a surge in similar parole requests. The court emphasized it doesn’t comment on personal choices or relationships, respecting individual freedoms. This court does not mix law with individual morality or personal beliefs, it added.
