Kerala High Court grants convict leave to undergo IVF treatment

Kochi, Oct 5 (IANS) Adopting a humanitarian approach, the Kerala High Court has granted at least 15 days leave to a life convict enabling him to undergo fertility treatment along with his wife.

The court passed the order after the man's wife filed a petition to this effect as it was her wish to have a child with her husband and his presence was essential for the treatment.

"It is true that a convict is not entitled to all the fundamental rights available under the Constitution of India. But, the petitioner, the wife of the convict, is coming before this Court saying that she and her husband want to see a child of their own. The petitioner is aged 31 years ... When a wife comes before this Court with a request that she wants a child in the relationship with her husband who is undergoing imprisonment in Central Jail, this Court cannot ignore the same on technicalities," Justice P.V. Kunhikrishnan's order read.

He further pointed out that, "Conviction and sentence in criminal cases is mainly to reform and rehabilitate the offenders. The state and society want to see the convict coming out of jail after rejuvenation as a reformed man/woman who will be part of our society. 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," added his order.

But he also pointed out that this order need not be taken as a precedent in all cases and that each case has to be considered based on its own 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," the court said.

The convict got married in 2012 but had no children. He has been in jail for the past seven years.

The complainant came before the High Court after her requests to the jail authorities failed to get a positive nod.