Consider parole plea for treatment to conceive child: SC

One-liner: The SC has asked the authorities in Rajasthan to sympathetically consider the request for parole by a couple, serving a life term in an open jail in the state, for undergoing medical treatment to conceive a child.

Plea by couple: A bench passed the order on a plea filed by the couple against May last year's verdict of the Rajasthan HC which had dismissed their petition for emergent parole for having IVF treatment.

SC observation: The apex court observed that the issue which arises for its consideration is whether the petitioners were entitled to be released on parole as the 45-year-old woman is required to take medical treatment to conceive a child.

Life convicts: The petitioners are life convicts and presently they are lodged in an open-air camp, in Durgapura, Jaipur, Rajasthan, where they live together for a quarter. It is an open jail, the bench noted in its Feb 10 order.

Open jail: It said since the 45-year-old woman is receiving treatment from a hospital in Udaipur, the authorities are ready and willing to shift the petitioners to an open jail there.

Pass orders within 2 weeks: "It goes without saying that if the petitioners pray for such transfer, appropriate orders shall be passed within two weeks," the bench said. The top court also granted them the liberty to apply for parole.

Entered into wedlock on parole: In its order, the HC had noted the woman has two children from the previous marriage and that the petitioners entered into wedlock while on parole.

Bottom line: The HC observed emergent paroles, under the Rajasthan Prisoners Release on Parole Rules, 2021, can only be granted in emergent cases involving humanitarian consideration.  

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