Rajasthan High Court Grants Convict Permission to Marry Co-Convict Under Article 21
JODHPUR — In a landmark decision highlighting the scope of fundamental rights for prisoners, the Rajasthan High Court allowed Mularam Bhati, a murder convict serving a life sentence, to marry Seema Ghadse, a co-convict currently out on bail.
The division bench, comprising Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar, observed that the right to marry is an intrinsic part of the Right to Life and Personal Liberty guaranteed under Article 21 of the Indian Constitution.
"Marriage between two consenting adults is an essential part of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The institution of marriage is recognized across all major religions and cultures and serves as a fundamental unit of society," the court noted, emphasizing that imprisonment does not strip a citizen of their core human rights.
Key Highlights of the Case
The Background: Mularam Bhati and Seema Ghadse were both serving life sentences for murder in Mandore Open Air Camp, Jodhpur, where they bonded while working in agriculture. Seema was later released on bail, while Mularam remained in the open-air prison.
Special Conditions Imposed: The court granted permission to perform the wedding ceremony inside the prison premises, capping the attendance at a maximum of 21 guests alongside an officiating priest. The entire expense of the wedding will be borne by the applicant.
State Government's Stand: The Rajasthan State Government chose not to oppose the petition, clarifying that subject to open-prison discipline and regulations, there is no legal bar against such a ceremony.
This judgment reinforces the jurisprudence that incarceration does not extinguish fundamental human rights, marking a progressive step toward prisoners' rehabilitation and constitutional liberty.
