'Right To Marry Facet Of Article 21': Rajasthan High Court Permits Murder Convict To Marry In Open Air Jail

The Rajasthan High Court recently permitted a murder convict lodged in an open air camp to solemnise his marriage with a woman convict who has been released on bail, observing that the right to marry is an intrinsic facet of the right to life and personal liberty under Article 21 of the Constitution.

A division bench of Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar observed,

"solemnization of marriage between two consenting adults is an intrinsic facet of right of life and personal liberty guaranteed under Article 21 of the Constitution of India. The institution of marriage finds recognition across all major religions and cultures and has constituted a foundational unit of society."

The applicant was convicted under Sections 302, 201 and 404 of the IPC and has been in custody since February 16, 2017. After fulfilling the requisite eligibility conditions, he was admitted to the open air camp at Mandor, Jodhpur.

The applicant approached the High Court seeking permission to marry Seema, another convict who had already been released on bail. His counsel submitted that allowing the marriage to take place in the open air camp would further the process of rehabilitation and reformation and enable the couple to settle down and start a family.

The Public Prosecutors placed on record a report dated July 13, 2026, stating that the applicant and Seema were in a live-in relationship and wished to celebrate their marriage.

The bench thereafter sought the State's response on whether such a marriage could lawfully be solemnised within the premises of the open air camp. In response, the Public Prosecutors submitted that there was no legal impediment to the marriage and pointed out that Section 11 of the Rajasthan Prisoners Release on Parole Rules, 2021, contemplates parole even in emergent situations.

Accepting the submission and relying on its earlier decision in Nand Lal v. State Department of Home, the Court permitted the marriage to be solemnised in the open air camp, subject to conditions aimed at maintaining its decorum and sanctity.

The Court directed that up to 21 family members, including those performing the rituals, would be allowed to enter the open air camp for the ceremony. It further clarified that the prison authorities would be free to permit additional guests, depending on their assessment. The applicant was also directed to bear all expenses relating to the marriage ceremony.

Title: Moola Ram v State of Rajasthan

Citation: 2026 LiveLaw (Raj) 285

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