Indian Court Permits Incarcerated Man to Travel for Procreation Rights

The Saket District Court has allowed an accused to travel to the UK to be with his wife for procreation, recognizing it as a fundamental right under Article 21 of the Indian Constitution. The decision acknowledges parenthood as a part of one's right to personal liberty.

In a landmark decision, the Saket District Court has granted an incarcerated individual permission to travel to the United Kingdom. The purpose: to visit his wife and exercise their right to procreation. This ruling underscores the recognition of procreation as a fundamental right under Article 21 of the Indian Constitution.

The Special Judge of the NDPS Court emphasized that while imprisonment curtails personal liberty for state security and order, it does not completely strip an individual of their fundamental rights, including the right to parenthood. The court's decision followed a plea by the accused, represented by Advocates Aditi Drall and Ravi Drall.

The legal team argued that the visit for procreation falls squarely within the fundamental right to life and personal liberty. The court took into account several factors, such as proof of marriage, the wife's residency and employment status, and specific circumstances of the case. The accused was required to post a bond of Rs 5 lakh as a condition for travel, ensuring a balance between the right to procreation and security concerns.

(With inputs from agencies.)