Jaipurone day beforeAuthor: Sameer Sharma
In Punjab, a separate room has been arranged in the prison premises for the prisoners to spend time alone with their spouses to increase their lineage, which is discussed all over the country. At the same time, the historic decision of the Rajasthan High Court is also in the headlines these days. In this, the gangrape convict has been allowed to live with his wife for 15 days.
The High Court ordered his release on parole three days ago. Rahul Baghel, a 22-year-old convict of gang-raping a minor, will live with his 25-year-old wife Brijesh Devi. Rahul, who is lodged in Alwar Jail under the POCSO Act, has been given parole for 15 days. This order of the court has reached the Alwar jail administration.
This is the first verdict in Rajasthan, in which a rape convict has got parole. In Rajasthan’s parole rules, parole cannot be obtained in cases of rape or gang rape, nor can such convicts be sent to open jail, but the High Court has accepted this petition keeping in mind the fundamental and constitutional rights of the wife.
Rahul’s wife Brijesh Devi filed an emergency parole petition on 13 July 2022 in Alwar’s DJ Court, citing her fundamental and constitutional right to have a child. Then, after waiting for a few days, on July 20, 2022, he approached the High Court. The petition filed in the High Court demanded parole for 30 days, but the High Court ordered to release Rahul on parole for 15 days.
This petition was filed exactly a month after Rahul’s sentence. The petition said that preventing the wife from becoming pregnant or the couple to proliferate would be against the spirit of Articles 14 and 21 of the Constitution.
After applying the petition in the DJ Court of Alwar, waited for hearing for 7 days, then after that filed a petition in the High Court. The High Court heard the matter on October 15.
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What were the arguments put forward by Brijesh’s wife in the courtroom?
– What was asked by the government to reject the parole application?
What arguments did the court consider and decide after the hearing?
Apart from this first case of rape case, is parole given for pregnancy in any other case?
Vishram Prajapati Brijesh Devi’s husband is in jail for two years. She was married in 2018. She is happy with the marriage and wants a child. Presently he does not have any children. Brijesh Devi wants to increase the lineage due to religious-social and human tradition.
Narendra Gurjar Opposing the parole application, the Rajasthan Presence (Release to Parole) Rules-2021 was presented in the court and said that there is no provision for granting parole in rape cases for pregnancy. There is no basis for this petition.
Creator His wife Brijesh has no role in Rahul’s fault. Brijesh wants to save his marriage. Giving birth to a child is one of her fundamental and constitutional rights.
Gurjar If the prisoner is given parole, then a good message will not be sent to the society. There will also be an adverse effect on the society. This baseless petition should be dismissed.
Creator – Petitioner Brijesh Devi has no other suitable option to become a mother. Due to this her husband should be allowed to be released from jail on parole.
Gurjar The guilty is under the POCSO Act, which is of a very serious nature. The court should also look into this regard.
Creator Under Vedic culture, conception is a very important sacrament in the 16 sacraments of Hindu Philosophy. According to Hindu philosophy, conception means the wealth of the womb. In the Vedas and hymns also, prayers are repeatedly offered for the child.
Gurjar If the convict is released out on parole, there is a possibility of dispute and quarrel between both the victim and the accused. Such apprehension has also been expressed in the report of Alwar Collector.
Physical mental needs affected, parole given for pregnancy for the first time
In Rajasthan, this is the first case of Rahul getting parole under the POCSO Act, but this is the second case of a prisoner being released on parole in the state for demanding pregnancy. To get Rahul parole, he cited the order of April 5, 2022 of the Jodhpur Bench of the High Court, in which Nandlal, convicted of the murder, was released on parole for 15 days.
Regarding Nandlal case, the High Court had held that the prisoner’s wife is innocent and her physical and mental needs are being affected. The Jodhpur Bench said that if bail is not granted, it will be against the fundamental right of a married woman to become a mother. The court said that it is a right given by the Indian Constitution to any couple on religious, cultural, social and human grounds.
Powers given to the superintendent after hearing
After hearing both the sides on Rahul Baghel’s parole application, the High Court accepted Brijesh Devi’s petition on constitutional and fundamental rights and humanitarian grounds of a woman and allowed 15 days conditional parole. The High Court held that by not granting parole to the convict, the rights given to his wife by the Constitution would be violated.
In the order of the High Court, the superintendent of Alwar Central Jail has been given freedom to impose such conditions by which the accused appear in jail again after parole to complete the sentence. The High Court has asked the superintendent to grant parole to Rahul as per the jail rules. For parole, Rahul has been directed to take a personal bond of Rs 2 lakh and two security bonds of Rs 1 lakh each.
Punjab: Wife can meet jailed husband in private
After hearing some cases that reached the Punjab and Haryana High Court earlier this year, the Punjab government has made arrangements to meet the husband and wife in jail in solitude. Under this initiative of the Punjab government, the prisoners will get a separate room to spend some time alone with their life partner.
The room will also have separate double bed, table and attached bathroom. The jail administration will give two hours to stay in the room, on which the husband and wife will be able to spend time alone.
Room made for prisoners to meet their spouses in Ludhiana Jail.
At present, this facility has been started in Goindwal Sahib, Nabha, Ludhiana and Bathinda Women’s Jail. It is set to be introduced in all jails, but this facility is not for every criminals yet, gangsters and sex offenders are kept away from this facility.
This facility is abroad
In many countries outside India, jailed prisoners meet their spouses in a separate room. This facility is provided in many countries including America, Philippines, Canada, Saudi Arabia, Germany, Australia.
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