Rajasthan High Court Allows Convict Couple to Marry in Jail

In a landmark decision, the Rajasthan High Court has permitted a wedding between two convicts, paving the way for an unusual ceremony inside the Mandor Open Air Camp in Jodhpur. The groom, a 33-year-old murder convict serving his sentence at the camp, will marry a woman convict who is currently out on bail. The court emphasized that imprisonment does not extinguish fundamental rights, including the right to marry under Article 21 of the Constitution.

Marriage as a Constitutional Right

The court's ruling, delivered on July 15 by Justices Pushpendra Singh Bhati and Praveer Bhatnagar, underscored that marriage between consenting adults is an intrinsic part of the right to life and personal liberty. It directed prison authorities to facilitate the ceremony under specific safeguards. Advocates for the groom argued that allowing the marriage would aid his rehabilitation and help the couple plan their future together.

Open-Air Camp: A Unique Setting

The groom has been in custody since February 2017, following his conviction for murder, evidence tampering, and property misappropriation. He was transferred to the Mandor Open Air Camp after meeting eligibility criteria. Open prisons, governed by the Rajasthan Prisoners Open Air Camp Rules, 1972, operate on principles of self-discipline. Inmates are free to leave during the day and must return before evening roll calls. These facilities allow convicts to live with their families and earn a livelihood, making them distinct from traditional jails.

Legal and Social Precedents

The court relied on past judgments, including its 2022 ruling in Nand Lal v State Department of Home, which affirmed that prisoners retain their constitutional rights, including family relationships. It also referenced the Punjab and Haryana High Court’s decision in Jasvir Singh, which recognized the right to procreation during incarceration. These rulings highlight the reformative approach of India’s prison system, which seeks to integrate convicts into society rather than sever familial ties.

State Approval and Wedding Logistics

The Rajasthan government did not oppose the marriage request. Prosecutors confirmed that the couple had been in a live-in relationship and wished to formalize their union. The court directed prison authorities to supervise the ceremony, allowing up to 21 family members to attend, with discretion for additional guests. The groom will bear all wedding expenses, ensuring no burden on the state. The couple will notify authorities of the wedding date, after which permissions will be granted.

A Step Toward Rehabilitation

This ruling is seen as a progressive step in India's criminal justice system, reinforcing the idea that constitutional protections, including the right to family life, survive incarceration. By allowing the marriage, the court has highlighted the reformative philosophy of India’s prison system, which views rehabilitation and reintegration as central to justice.

Source: Indian Express