Kerala High Court allows parole to life convict to undergo IVF benefits

A life convicts gets relief from the court for the IVF Treatment of the couple on his wife’s plea

Kochi – (PTI) Kerala High Court has granted a 15 day parole to a life convict imprisoned in Viyyur Central jail for undergoing IVF treatment to have a child, Imprisoned man’s wife filed a plea for this

Kerala High Court Single bench Judge Justice P V Kunhikrishnan allowed parole to the culprit who is behind the jail for last 7 years, Judge says that when a wife comes to the court that she want a child from her husband who is in jail, This court cannot ignore such request on technicalities.

The court said the purpose of conviction and sentence in criminal cases was mainly to reform and rehabilitate the offenders.

“A person who has undergone a sentence in a criminal case need not be treated as a different person when he comes out. He has every right to lead a decent life just like any other citizen”. Though public prosecutor oppose the plea and argued that the convict was not eligible for the leave at present, the court ascertained the genuineness of the petitioner’s request from the certificate issued by the hospital “Therefore, I am of the opinion that the authorities should give a minimum of 15 days leave to the petitioner’s husband for continuing IVF/ICSI procedure/treatment,” the judge said in order given recently.

The court directed the Director General of Prisons and Correctional Services to grant the leave to the culprit who is undergoing the IVF treatment, in accordance with law and at any rate within two weeks from date of receipt of a certified copy of the order.

While granting the relief in this particular case to this couple, the court made it clear that the instant order need not be taken as a precedent in all cases. “Each case has to be considered based on its merit. The genuineness of the claim is important. The convicts cannot make use of this to get out of jail. Each case has to be considered based on the genuineness of the claim,” it said.

The plea is filed by the 31-year-old woman, whose husband is a post-graduate in Mathematics and working as a teacher, is presently lodged in the Central Prison and Correctional Services at Viyyur. Couple have no children since their marriage in 2012 and they have a dream to have a child, they already have taken different treatments to have a baby but unfortunately not succeed.

In her plea to the court the women stated that the couple was under treatment for this problem at a private hospital in Muvattupuzha and the doctor had suggested that they should go for IVF Treatment and for this procedure and treatment her husband should be with her at least for 3 Months
The prosecution had opposed the plea and questioned about the leaves but court rejected the opposition of prosecution

Court said “It is stated that it is the dream of the petitioner and her husband to see a child in their relationship. They are continuing treatment in that regard and for completing the treatment, the presence of the husband of the petitioner is necessary.” “Can this Court shut its eye to such a request on technicalities and rules, if the claim is genuine?” . Court said “ It held that considering the facts and circumstances of this case, the petitioner-woman was entitled to the relief prayed for.

News Resource – 04/10/2023 and PTI News Resource

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