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2023 Supreme(Del) 5994

SWARANA KANTA SHARMA
Kundan Singh – Appellant
Versus
State Govt. of NCT Delhi – Respondent


Advocates appeared:
Mr. Ashutosh Kaushik, Advocate, for the Petitioner. .
Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Advocate with SI Karan Pal, PS: Mehrauli.

JUDGMENT

INDEX TO THE JUDGMENT

INTRODUCTION

FACTUAL BACKGROUND

ARGUMENTS ADDRESSED BEFORE THIS COURT

ANALYSIS AND FINDINGS

i. Right to Procreate Covered Within the Ambit of Article 21 of Indian Constitution

ii. The Right To Procreate While Being Incarcerated Is Not An Irrefutable Right

CONCLUSION

Swarana Kanta Sharma, J.

INTRODUCTION

1. The issue before this Court is to adjudicate a crucial question of law as to whether a convict has a right to procreation and parenthood or not. A prayer has been made before this Court that the convict herein whose request for grant of parole has been rejected, be released on parole on the premise that the right to procreation is not a mere desire but an essential aspect of human existence, carrying profound implications for the continuity of familial bonds and the preservation of one's legacy.

2. As the Court grapples with this intricate legal question, it is tasked with determining whether, in the face of a rejected parole application, the preservation of familial lineage through procreation constitutes a compelling enough ground to warrant intervention.

3. Thus, by way of present writ petition under Article 226 of the Constitution of India, read

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