The Delhi High Court (DHC), while dealing with the issue of grant of parole for a convict on the premise of right to procreation, went on to hold that right to procreation and parenthood “is a fundamental right of a convict protected under Article 21 of the Constitution”. The DHC further clarified that this right is not an absolute right, but depends on the facts and circumstances of each case and upon the consideration of “factors such as the prisoner’s parental status and age, a fair and just approach must be adopted to preserve the delicate equilibrium between individual rights and broader societal considerations.”
