The Rajasthan High Court has cleared the way for a 33-year-old murder convict to marry a fellow convict inside an open-air prison in Jodhpur. In its ruling, the court declared that marriage between consenting adults is a fundamental aspect of the right to life and personal liberty, which remains protected under the Constitution even during imprisonment.
The groom is currently serving his sentence at the Mandor Open Air Camp in Jodhpur, while his partner is a fellow convict who is currently out on bail. Justices Pushpendra Singh Bhati and Praveer Bhatnagar issued the directive while addressing an application for the temporary suspension of the man’s sentence. A date for the wedding is yet to be finalized.
State Support And Legal Grounds
The state government did not object to the couple’s petition. Public prosecutors presented a report on July 13 indicating that the two individuals were already in a live-in relationship and wished to formalize their marriage. The prosecution confirmed to the court that no legal barriers exist to holding the wedding within the open-air camp, provided the decorum of the facility is maintained.
In allowing the petition, the division bench relied on key legal precedents regarding the rights of prisoners. The court cited its own 2022 ruling in the Nand Lal case, which established that incarceration should not sever family relationships or deny conjugal rights, noting the adverse impact of such deprivation on innocent spouses. Additionally, the bench referred to a landmark decision by the Punjab and Haryana High Court, which ruled that the right to procreation falls under the protections of Article 21 and survives during imprisonment.
Ceremony Guidelines And Conditions
The court directed prison officials to facilitate the ceremony under specific guidelines. Up to 21 family members and individuals performing the wedding rituals will be permitted to enter the open-air camp. Jail authorities have been given the discretion to allow additional guests if deemed appropriate.
The couple must notify prison officials of their chosen wedding date to secure final permission. Furthermore, the court authorized jail administration to enforce any necessary conditions to preserve discipline inside the facility. The groom is required to cover all expenses related to the wedding and ceremonies.
The Open Air Prison System
The groom has been in custody since February 16, 2017. He was convicted by a trial court in Nagaur on August 19, 2023, for murder, hiding evidence, and misappropriating property. Following recommendations from prison authorities based on eligibility criteria, he was subsequently transferred to the Mandor Open Air Camp.
Unlike traditional closed prisons, open jails in Rajasthan operate under the Prisoners Open Air Camp Rules of 1972 as minimum-security facilities. Described as prisons without walls or locks, these camps rely on the self-discipline of the inmates. Inmates are permitted to leave the premises after the morning roll call to earn a living and support their families, who are also allowed to live with them inside the camp, before returning for the evening roll call.
