The Delhi Court has authorized the accused to travel to London, acknowledging their right to parenthood and procreation
New Delhi [India], August 19 : In a significant ruling, the Saket District Court has permitted an accused individual to travel to the United Kingdom to visit his wife for the purpose of procreation, highlighting that procreation is recognized as a fundamental right under Article 21 of the Indian Constitution.
The Special Judge of the NDPS Court noted that while imprisonment restricts personal liberty for state safety and order, it does not entirely eliminate an individual's fundamental rights, including the right to become a parent.
The court's decision followed a request from the accused, represented by Advocates Aditi Drall and Ravi Drall, who contended that visiting his wife for procreation is part of his fundamental right to life and personal liberty.
Lawyers stated that the court evaluated several factors, including evidence of marriage, the wife's residency and employment status, and the specific details of the case before granting the travel permission.
The court mandated that the accused post a bond of Rs 5 lakh as a travel condition, aiming to balance the right to procreation with security concerns.