A woman has submitted a petition to the Madhya Pradesh High Court, requesting her husband's release from prison. She claims her fundamental right to procreate is being denied, stating her desire to bear a child as the basis for her plea.

During the court proceedings, the High Court instructed the dean of the government-operated Netaji Subhash Chandra Bose Medical College in Jabalpur to assemble a team of five doctors. Their task is to evaluate the woman petitioner's medical condition to determine whether she is physically capable of conceiving or not, according to the government counsel's statement on Wednesday.

The court issued the order on October 27 in response to the writ petition submitted by the woman, as conveyed by government counsel Subodh Kathar to PTI.

The petitioner's husband is currently incarcerated due to a criminal case, and she wishes to become pregnant. To support her argument, she has invoked her fundamental right to procreate, as established in a High Court of Rajasthan ruling in the case of Nand Lal Vs. State, Department of Home, Rajasthan, Jaipur, and others. As a result, the petitioner has requested her husband's release from jail for this specific purpose, according to the counsel's statement.

Nonetheless, Subodh Kathar has asserted that the woman's medical records indicate that she has already entered menopause, which means that there is no possibility of conception, either through natural means or artificial insemination.

The petition was reviewed by a single judge, Justice Vivek Agarwal. In the court's ruling, it emphasized the need for a medical report from a team of qualified medical professionals to determine the petitioner's medical fitness for conception.

The court has directed the petitioner to appear before the dean of the college on November 7.

The dean has been instructed to form a team of five doctors, consisting of three gynaecologists, one psychiatrist, and another endocrinologist. This medical team's purpose is to assess whether the petitioner is medically suitable for conception or not. The dean is required to submit the report within 15 days. The next hearing in the case has been scheduled for November 22, as confirmed by the counsel.