Law Kumar Mishra
Patna, April 21
Following orders of the Patna High Court, jail authorities today released on parole a life convict, Vicky Anand for “procreation purpose”.
Vicky was sentenced for life on charges of murdering his girlfriend in Rahui village in Nalanda district in 2012.
Justice Rajiv Ranjan Prasad of Patna High Court in a well explained judgement on a petition filed by Vicky’s wife Rajeeta Patel observed that right to procreation was within the ambit of right to life and liberty under Article 21 of the Constitution. Rajeeta had filed a petition before the High Court seeking release of her husband for 90 days to allow them to raise their family.
State government had opposed release on parole claiming right to procreation was no ground for release on parole. Court directed the state to release Vicky for 15 days. Judge said Article 21 had a wide spectrum and allowed the petition to facilitate Conjugal visit of her husband.
Court extensively quoted the provisions in the Universal Declaration of Human rights and said the right to procreate survives incarceration. It quoted provisions in Brazil and Czeck Republic where individual prison cells are set up to allow intimate contacts for procreation purposes.
Rajeeta had filed the writ petition in 2019 and was successful after two years.
