Case Note & Summary
The petitioner, Jalani, is the wife of Muthumani, a life convict serving sentence at Central Prison, Madurai. The convict was convicted and sentenced to life imprisonment on three counts by the Special Court for Exclusive Trial of SC/ST Act Cases in Spl.S.C.No.65 of 2018 on 05.08.2022, which was confirmed by the Madurai Bench of Madras High Court in Crl.A(MD) No.591 of 2022 on 26.02.2026, and no appeal was filed to the Apex Court. The petitioner sought ordinary leave for her husband to undergo fertility treatment as she desired to conceive a child. The second respondent, Superintendent of Prison, rejected the representation through proceedings dated 11.09.2025, relying on a probation officer's report that stated the reason was true but did not recommend leave due to potential life threat and law and order problems. The petitioner challenged this rejection by filing a writ petition under Article 226 of the Constitution of India. The court considered the legal issue of whether a life convict can be granted ordinary leave for fertility treatment. The petitioner argued that the right to procreation is a fundamental right under Article 21 and that the rejection was arbitrary. The respondents contended that the leave was not recommended due to security concerns. The court analyzed that the right to procreate is an essential part of the right to life and personal liberty, and prisoners retain this right except to the extent curtailed by incarceration. The court found that the rejection was based on a vague report without any concrete material, and the authorities failed to consider alternative measures like escort. The court held that the impugned order was arbitrary and set it aside, directing the respondents to grant 21 days ordinary leave without escort to the convict, subject to conditions including execution of a bond, reporting to the local police station daily, and not causing any law and order problem.
Headnote
A) Constitutional Law - Right to Procreation - Fundamental Right under Article 21 - Prisoners' Rights - The right to procreate is an essential facet of the right to life and personal liberty under Article 21 of the Constitution of India. Prisoners retain all fundamental rights except those necessarily curtailed by the fact of incarceration. The denial of ordinary leave for fertility treatment without valid justification infringes this right. (Paras 5-7) B) Prisons Law - Ordinary Leave - Grounds for Grant - Fertility Treatment - The Tamil Nadu Prison Rules, 1983 - Rule 20 - Ordinary leave can be granted for various purposes including medical treatment and family reasons. The desire to have a child through fertility treatment is a legitimate ground for seeking ordinary leave. The prison authorities must consider such requests reasonably and not reject them on speculative grounds. (Paras 4, 8) C) Administrative Law - Reasoned Order - Arbitrariness - Article 14 - The impugned order rejecting leave was based on a probation officer's report that did not recommend leave due to potential law and order problems, but the report itself stated the reason for leave was true. The rejection was arbitrary and not based on any concrete material, violating Article 14. (Paras 8-9)
Issue of Consideration
Whether a life convict can be granted ordinary leave for the purpose of fertility treatment to enable his wife to conceive a child, and whether the rejection of such leave by the prison authorities is valid.
Final Decision
The impugned order dated 11.09.2025 is set aside. The respondents 1 and 2 are directed to grant 21 days ordinary leave without escort to the convict Muthumani, subject to conditions: execution of a bond, reporting to the local police station daily, and not causing any law and order problem.
Law Points
- Right to procreation is a fundamental right under Article 21
- Prisoners retain fundamental rights except those curtailed by incarceration
- Ordinary leave can be granted for fertility treatment
- Rejection of leave must be based on valid reasons and not arbitrary
