Kerala High Court Grants Parole for Life Convict to Pursue IVF Treatment
Ernakulum: Recently, the High Court of Kerala made a landmark decision by granting permission for a person serving a life sentence to undergo IVF/ICSI treatment. The order was issued after the convict”s wife filed a petition, requesting parole for her husband. She asked the court to permit her husband to proceed with the In Vitro Fertilization/Intracytoplasmic Sperm Injection procedure, so they could fulfil their desire to have a child.
Justice P.V. Kunhikrishnan, presiding as a Single Judge Bench, expressed compassion and empathy in his decision. He stated,
“When a wife comes before this Court with a request that she wants a child in the relationship with her husband who is undergoing imprisonment in Central Jail, this Court cannot ignore the same on technicalities.”
He emphasized the purpose of criminal convictions and sentences, emphasising that they are primarily intended for the reform and rehabilitation of offenders and added;
“A person who has undergone a sentence in a criminal case need not be treated as a different person when he comes out. He has every right to lead a decent life just like any other citizen,”.
The petitioner explained that she and her husband have undergone multiple medical treatments in an effort to conceive a child. During her husband”s temporary release from prison, they pursued allopathic treatment and submitted a letter from the hospital emphasizing the importance of his presence for a three-month period to support their request.
The state authorities rejected an application under the Kerala Prisons and Correctional Services (Management) Act, 2010. The petitioner argued that having children was their fundamental right, and their husband should be allowed leave to undergo the IVF/ICSI procedure.
However, the Public Prosecutor opposed the plea, contending that the convict was not eligible for leave at the present time.
To evaluate the authenticity of the petitioner”s request, the Court examined the certificate issued by the hospital. Additionally, the Court referred to decisions by the Rajasthan High Court, which had previously granted parole to a life convict in a similar case.
In this case, the Kerala High Court ruled that the petitioner”s husband should be granted at least 15 days” leave to continue the IVF/ICSI procedure. The concerned authorities have been notified to grant the leave within two weeks.
The Court, however, emphasized that this case should not set a precedent for all cases and that each case must be evaluated based on its individual merits.
