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Consent To Marry A Life Convict: Madras HC Asks SCW & NCW To Ascertain Whether It Is Voluntary Or Not? [Read Order]
Sparsh Upadhyay
4 Oct 2020 5:05 PM IST
![Consent To Marry A Life Convict: Madras HC Asks SCW & NCW To Ascertain Whether It Is Voluntary Or Not? [Read Order]](https://www.livelaw.in/h-upload/2020/07/24/750x450_378816-madras-high-court.jpg "Consent To Marry A Life Convict: Madras HC Asks SCW & NCW To Ascertain Whether It Is Voluntary Or Not? [Read Order]")
Recently, the Madras High Court, in a petition praying for issuance of Writ of Habeas Corpus questioned as to whether the women marrying the life convicts are examined by the State Commission for Women or National Commission for Women to ascertain as to whether the willingness of the marriage or sign for the acceptance of the marriage has been obtained from the women.Notably, the Bench of...
Recently, the Madras High Court, in a petition praying for issuance of Writ of Habeas Corpus questioned as to whether the women marrying the life convicts are examined by the State Commission for Women or National Commission for Women to ascertain as to whether the willingness of the marriage or sign for the acceptance of the marriage has been obtained from the women.
Notably, the Bench of Justice N. Kirubakaran and Justice P. Velmurugan was hearing a Petition filed by the wife of the life convict viz., Mohammed Zubair, who married him when he came out on parole in the year 2007, seeking leave for 30 days for her husband to make arrangements for the livelihood of her family members.
Taking into consideration, the probation officer's report and also the earlier orders passed by the Court, granting leave to the convict without a police escort, this Court granted thirty days leave to the convict.
However, this Petition has been kept pending for passing further orders, since the Court had suo motu, impleaded the National Commission for Women and the State Commission for Women as respondents 4 and 5 in this petition to devise a mechanism by which it is ascertained as to whether women are getting married to the life convicts on their own accord or by force or coercion.
The Court remarked,
"It is seen that in many cases, women are getting married to the life convicts and this Court is unable to find out as to how the consent of the women has been obtained. The rights of women have to be safeguarded." (emphasis supplied)
The Court also opined,
"Usually, no girl will come forward to marry a life convict. Nowadays, it is seen that it is difficult for a normal man to get married as modern girls are putting so many conditions for marriage."
The Bench further stated,
"When that is so, it is unbelievable or surprising to see that a woman on her own volition giving consent to marry a convicted person for a life without husband's companionship, love and care, which will amount to a violation of human rights causing a psychological and physiological effect on the lady and affecting her well-being. Regarding the same, the National Commission for Women has already filed their response. The State Commission for Women has sought time. Hence, its response shall be circulated." (emphasis supplied)
[Read Order]
