Giving relief to a convicted prisoner serving life imprisonment, the Delhi High Court said that the right to become a parent is a fundamental right of a convict. The bench of Justice Swaran Kanta Sharma, while granting four weeks' parole to the petitioner for procreation, made it clear that this right is not absolute but depends on the context.

A fair and reasonable approach should be adopted by considering factors such as the status and age of the prisoner's parents. The court said that in view of the facts and circumstances, the petitioner is ordered to be released on parole on a personal bond of Rs 20,000 and one surety of like amount.

The court also directed that petitioner Kundan Singh not go outside Nainital, Uttarakhand, without the prior permission of the court. It was also ordered that the petitioner register his presence at Kathgodam police station in Nainital every Wednesday.

The court made the above order and comments while hearing the petition of Kundan Singh, who is serving life imprisonment for murder. Kundan, who was in jail for 14 years, filed a petition saying that he is 41 years old and his wife is 38 years old. They do not have any children and want to protect their lineage by having children.

The bench said that the court limits many aspects of marriage after conviction, and appropriate restrictions should be imposed when granted parole. The bench clarified that this court is not considering the request for granting parole to establish marital relations but is hearing the matter of the fundamental rights of the heir.

In such a situation, the court is of the opinion that justice is not artificial but real, and the decision has to be made keeping in mind the reality of human life. The court also said that the right to reproduce in the case of a free citizen is generally taken for granted.

However, when a person is incarcerated, parole becomes necessary for the purpose of having a child. The court said that the Delhi Jail Rules-2018 do not provide for procreation and parenthood as grounds for granting parole, but this cannot stop the constitutional court from granting such relief.