Jaipur: In a rare and significant order, the Rajasthan High Court has permitted two life convicts to marry at the Mandore Open Air Camp in Jodhpur, observing that the marriage of two consenting adults is protected under the right to life and personal liberty under Article 21 of the Constitution.

The court held that allowing the marriage would further the objective of rehabilitation and help reintegrate prisoners into mainstream society after their release.

Court Says Marriage Is Part of Right to Life Under Article 21

The couple consists of a male convict serving a life sentence for murder and a female convict, who is also serving a life sentence after being convicted of murdering her husband.

A Division Bench comprising Justice Dr Pushpendra Singh Bhati and Justice Praveer Bhatnagar passed the order while disposing of a petition filed by Moolaram, a resident of Nagaur, who had sought temporary suspension of his sentence to solemnise the marriage.

Moolaram has been serving a life sentence since February 16, 2017, and is currently lodged at the Mandore Open Air Camp.

Petition Cited Rehabilitation and Fundamental Rights

According to his counsel, Advocate Kaluram Bhati, Moolaram wishes to marry Seema Gadse Gulab, who is serving a life sentence after being convicted of murdering her husband. Seema is currently out on 40-day parole.

The petition argued that the marriage would contribute to the rehabilitation and reformation of both convicts by enabling them to build a stable family life after their release. It also relied on an earlier Rajasthan High Court judgment recognising the rights of prisoners to marry and procreate as part of the fundamental rights protected under Article 21.

State Raises No Objection; Wedding to Follow Prison Rules

In its report, the state government confirmed that both convicts had expressed their desire to marry and acknowledged that they had been in a live-in relationship.

Public prosecutors informed the court that the state had no objection to the marriage being solemnised at the open-air prison, provided it was conducted in accordance with prison regulations.

Observing that marriage is a fundamental social institution, the Bench ruled that convicted prisoners cannot be denied the right to enter into a consensual marriage solely because they are incarcerated.

Court Limits Wedding Attendance to 21 Family Members

The High Court directed that a maximum of 21 family members from both sides, along with the priest officiating the ceremony, would be allowed to enter the Mandore Open Air Camp for the wedding.

Any request to increase the number of attendees will be decided by the prison authorities. The court also directed the couple to inform the prison administration well in advance of the wedding date, while all expenses related to the ceremony will be borne by Moolaram