New Delhi: In a notable ruling, the Saket District Court has granted an accused individual permission to travel to the United Kingdom to visit his wife for procreation, underscoring the recognition of procreation as a fundamental right under Article 21 of the Constitution of India.
The Special Judge, NDPS Court, affirmed that while incarceration limits personal liberty for the safety and order of the state, it does not wholly negate an individual's fundamental rights, including the right to parenthood.
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The court's decision was based on a plea by the accused, represented by Advocates Aditi Drall and Ravi Drall, who argued that visiting his wife for procreation fell within his fundamental right to life and personal liberty.
While taking to the media, Lawyers said the court has considered various factors, including the proof of marriage, the wife's residency and employment status, and the specific circumstances of the case, before granting permission.
The court required the accused to post a bond of Rs 5 lakh as a condition for travel, balancing the right to procreation with security considerations.
—ANI