Husband-and-Wife Life Convict Duo Applies for Parole to Undergo IVF, Supreme Court Directs Authorities to Consider Request ‘Sympathetically’

“The petitioners are life convicts and presently they are lodged in Open Air Camp, Durgapura, Jaipur, Rajasthan where they live together in a quarter. It is an open jail. Since the first petitioner is getting treatment from Geetanjali Medical College and Hospital, Udaipur, the authorities are ready and willing to shift the petitioners to open jail at Udaipur. It goes without saying that if the petitioners pray for such transfer, appropriate orders shall be passed within two weeks.”

On the issue of parole, the Supreme Court took a markedly different stand than the Jaipur bench of the Rajasthan High Court. By the impugned order, the high court had, in May of last year, dismissed the convicts’ plea for emergent parole on the ground that the wife already had two children aged 23 years and 16 years from a previous marriage. “Both the petitioners, while on parole entered into a marriage before the Arya Samaj, and the said marriage is not registered,” noted the bench comprising Justices Pankaj Bhandari and Anoop Kumar Dhand. It further added, “Even otherwise as far as progeny goes, the first petitioner has already two children from the earlier marriage. Emergent paroles as per the Rajasthan Prisoners Release on Parole Rules, 2021 can only be granted in emergent cases involving humanitarian consideration. Having a child through IVF when the first petitioner already has two children cannot be considered as an emergent case for release on parole, hence, we are not inclined to entertain the writ petition.”

However, the apex court bench led by Justice Surya Kant insisted that the petitioners were at liberty to apply for parole so that the couple could undergo in vitro fertilisation and such a request would have to be considered ‘sympathetically’ by the concerned authorities within two weeks from the date of submission of the application. The bench held:

“As regard to parole, liberty is granted to the petitioners to apply for the same. The concerned authorities are directed to consider such a request made by the petitioners sympathetically and as per their policy and grant parole to them if there is no legal impediment. Needful shall be done within two weeks from the date of submission of such an application.”