Jaipur, July 16: The Rajasthan High Court has granted permission for two inmates serving life sentences in Jodhpur Open Jail to marry. In a unique ruling, the court stated that the marriage of two consenting adults falls under the right to life and personal liberty as per Article 21 of the Constitution.
The bench, consisting of Justice Pushpendra Singh Bhati and Justice Praveer Bhatanagar, issued this order while hearing a petition from Moolaram, a resident of Nagaur. Moolaram sought a temporary suspension of his sentence to marry. He has been serving a life sentence since February 16, 2017, and is currently in the Mandore Open Air Camp.
Moolaram was convicted of murder, while his fiancée, Seema Gadse Gulab, is serving time for her husband’s murder. According to lawyer Kaluram Bhati, Moolaram wishes to marry Seema, who is currently out on parole for 40 days.
The petition argued that the marriage would aid in the rehabilitation and reintegration of both inmates, allowing them to lead stable family lives post-release. It referenced a previous ruling by the Rajasthan High Court, which recognized the right of prisoners to marry and have children as part of their fundamental rights under Article 21.
In its report, the state government confirmed that both inmates wish to marry and acknowledged that they have been in a live-in relationship. Government lawyers informed the court that the state has no objections to the marriage taking place in the open-air camp, provided it complies with prison regulations.
The bench emphasized that inmates should not be deprived of their right to marry by mutual consent simply because they are incarcerated. The court recognized that allowing such marriages promotes the rehabilitation of inmates and their reintegration into mainstream society.
The High Court directed that a maximum of 21 family members from both sides, including the officiating priest, would be allowed to attend the wedding at the Mandore Open Air Camp. Any requests to increase the number of attendees will be decided by the prison administration. The court also instructed the couple to inform the prison authorities well in advance of the wedding date. Moolaram will bear all expenses related to the ceremony.
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