Convicted Prisoner Too Has Right To Marry: Madras High Court While Granting Emergency Leave To Life Convict

Noting that a convicted prisoner has a right to marry, the Madras High Court recently granted emergency leave to a prisoner for 15 days with the necessary escort for his marriage. The court passed the orders on January 3rd, 2025, enabling the prisoner to solemnize his marriage that was to take place on January 15, 2025. "We need not look for precedents in support of the proposition that a convicted prisoner too has the right to marry. The statutory rule recognises such a right. Rule 6 of Tamil Nadu Suspension of Sentence Rules, 1982 expressly envisages that emergency leave can be granted not only for the wedding of the son, daughter, full brother or full sister of the prisoner but also for the wedding of the prisoner himself/herself," the court said. The bench of Justice GR Swaminathan and Justice R Poornima relied on Rule 6 of the Tamil Nadu Suspension of Sentence Rules 1982 which states that an emergency leave may be granted to a prisoner for attending death or serious illness of father, mother, wife, husband, son, daughter, full brother or full sister, or the wedding of the prisoner or son, daughter, full brother or full sister and for delivery outside the prison in case of female pregnant prisoner. The court remarked that when the rule expressly provides for the grant of leave, the court could not contrarily dispose of such pleas. The court also disagreed with the practice adopted by some jurisdictions like the United Kingdom, where a life convict was not granted the right to marry. “We are conscious that in certain jurisdictions (United Kingdom for instance), life convicts are not granted the right to marry. Such restrictions do make sense. But when the statutory rule holding the field does not make any distinction among the various categories of prisoners, it is not for the Court to introduce a distinction. When the statutory rule itself proposes, judges should not contrarily dispose,” the court remarked. The court agreed that the right to marry and make a family was a human right. The court noted that Article 23(2) of the International Covenant on Civil and Political Rights also affirmed such rights and it was also provided under Article 16(1) of the UDHR 1948, of which India was a signatory. Article 16(1) of the UDHR states that men and women of full age, without any limitation due to race, nationality, or religion, have the right to marry and to found a family. The court was hearing a plea by Regina Begum, whose son Margoth Ali was undergoing a life sentence at the Trichy Central Prison. The court was informed that a woman had come forward to marry him, and the marriage was to be solemnised at the Dargah, for which 25 days of ordinary leave was sought. The petitioner's son was convicted and sentenced on April 23, 202,2, and had completed 2 years and 7 months in prison. Since he had not completed 3 years, his request for ordinary leave was rejected. Following this, the mother approached the High Court to quash the rejection order and to grant him ordinary leave. Noting that the prison rules itself states that emergency leave could be granted in such situations, the court directed the Superintendent of Prisons, Trichy Central Prison, to grant him 15 days of emergency leave with the necessary escort, who shall be in civil dress. The court also directed the petitioner's mother to furnish requisite proof to show that her son's wedding was to be solemnized on the particular place at the particular time. The court added that the cost of the escort shall be deducted from the convict's earnings and asked the convict to abide by the conditions in the Jail Manual during the period of leave. Counsel for the Petitioner: Mr. C. Karthikeyan Counsel for the Respondents: Mr. T. Senthil Kumar Additional Public Prosecutor Case Title: Regina Begum v The State Citation: 2025 LiveLaw (Mad) 83 Case No: W.P(MD)No.31327 of 2024Click Here To Read/Download The Judgment

Convicted Prisoner Too Has Right To Marry: Madras High Court While Granting Emergency Leave To Life Convict

Upasana Sajeev

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