Jabalpur: A unique legal petition has emerged in the Madhya Pradesh High Court as a woman endeavors to secure her husband’s release from incarceration on the grounds of exercising her fundamental right to procreation.
In a surprising turn of events, a woman has lodged a petition in the Madhya Pradesh High Court, asserting her husband’s right to be released from prison to facilitate their endeavor to have a child. She anchors her plea on the foundation of her “fundamental right” to procreate, invoking a precedent set by the High Court of Rajasthan in the case of “Nand Lal Vs. State, Department of Home, Rajasthan, Jaipur, and others.”
On October 27, the high court issued an order in response to her petition, directing the dean of Jabalpur’s government-run Netaji Subhash Chandra Bose Medical College to assemble a team of five medical experts. This team will evaluate the woman’s physical condition to determine her suitability for conception. The government counsel, Subodh Kathar, disclosed this development.
The petitioner’s husband is currently incarcerated in connection with a criminal case. She earnestly seeks her husband’s release from detention to fulfill her aspirations. Nevertheless, Kathar underscored a crucial point based on her medical records—she has exceeded the age of menopause. As a result, natural or artificial insemination for conception is no longer a viable option.
The case was deliberated by a single-judge bench, presided over by Justice Vivek Agarwal. The court has stipulated the necessity of a comprehensive medical assessment conducted by a panel of expert physicians to ascertain the petitioner’s physical aptness for conceiving a child.
In compliance with the court’s directive, the petitioner is expected to appear before the dean of the medical college on November 7. The dean will be tasked with composing a medical team, which will include three gynecologists, a psychiatrist, and an endocrinologist. Their collective duty is to assess the petitioner’s medical suitability for childbirth. The dean is obligated to present the medical report within 15 days.
Subsequently, the court has scheduled the next hearing in the case for November 22.
