NEW DELHI: The Supreme Court has told the Rajasthan authorities to consider “sympathetically” a request by life term convicts couple for undergoing medical treatment to conceive a child.
A bench of Justices Surya Kant and J. K. Maheshwari granted liberty to the couple to apply for parole.
"The concerned authorities are directed to consider such a request made by the petitioners sympathetically and as per their policy and grant parole to them if there is no legal impediment. Needful shall be done within two weeks from the date of submission of such an application,” the bench said in its order.
The couple is serving life term in an open jail in Rajasthan.
On their plea, the bench said that the issue that arises for consideration is whether the petitioners are entitled to be released on parole as the first petitioner is required to take medical treatment to conceive a child. She is stated to be 45 years old and her present husband – petitioner No.2 is around 40 years old.
“It is an open jail. Since petitioner No.1 is getting treatment from Geetanjali Medical College and Hospital, Udaipur, the authorities are ready and willing to shift the petitioners to open jail at Udaipur. It goes without saying that if the petitioners pray for such transfer, appropriate orders shall be passed within two weeks,” the bench ordered.
The couple filed the plea in the top court against the order passed in May last year by Rajasthan High Court, which dismissed their plea.
The couple approached the high court seeking parole for having IVF (in virto fertilization) treatment.
The High Court, in its order, had noted that the woman already has two children from the previous marriage and petitioners entered into a wedlock while on parole.
Pointing out that the woman already has two children, the High Court had said that having a child through IVF cannot be considered as an emergent case for release on parole.
