The Rajasthan High Court on Wednesday permitted two life convicts, a man imprisoned for murder and a woman serving a life sentence for killing her husband, to marry at the Open Air Camp in Mandore, Jodhpur.
Event Context
Seema is presently out on a 40-day parole and was personally present before the High Court during the hearing. Counsel for the petitioner argued that allowing the marriage would aid the rehabilitation and reformation of both convicts and enable them to establish a family life in the future. He relied on an earlier Rajasthan High Court judgment recognising the marital and procreative rights of prisoners as part of the protection guaranteed under Article 21 of the Constitution.
The State government, in its report before the Court, also confirmed that Moolaram and Seema were in a live-in relationship and had expressed their desire to marry. Public prosecutors informed the bench that the State had no objection to the marriage being solemnised in accordance with law at the Open Air Camp and that the prison rules permit such an arrangement.
Observing that marriage is recognised across major religions and cultures and forms the basic unit of society, the bench held that the right of two consenting adults to marry deserves respect even if they are convicted prisoners.
The bench directed that up to 21 family members from both sides, along with the priest conducting the ceremony, may be allowed to enter the Open Air Camp for the wedding. The final decision on permitting additional guests will rest with the camp authorities. The couple must intimate the proposed date of marriage in advance to obtain the necessary permissions. The camp administration has been authorised to impose appropriate conditions to maintain discipline and decorum, while the entire expenditure for the ceremony will be borne by Moolaram.
Team Analysis
The division bench of Justice Dr Pushpendra Singh Bhati and Justice Praveer Bhatnagar passed the order while disposing of a temporary suspension of sentence application filed by 33-year-old Moolaram, a resident of Jayal in Nagaur district.
Match Outlook
The court observed that the right of two consenting adults to marry is an inseparable facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution, adding that such a marriage could further the process of rehabilitation and reintegration into society.
Advocate Kaluram Bhati said Seema is no longer in contact with her own family. During her imprisonment, she developed a friendship with another female inmate from Phalodi district. The friend’s father will perform the traditional ritual at the wedding, which will take place on July 22.
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According to his counsel, Kaluram Bhati, Moolaram was convicted by the additional sessions judge (ASJ), Jayal, on August 19, 2023, under Sections 302, 201 and 404 of the Indian Penal Code (IPC). However, he has remained in custody since February 16, 2017.
A farmer by profession, Moolaram was convicted in the murder of a neighbouring youth, whom he had allegedly taken away on a motorcycle during a dispute between their families. The victim’s body was later recovered from a water tank. Having completed the eligibility requirements, Moolaram is presently lodged at the Open Air Camp in Mandore.
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The woman he intends to marry, 31-year-old Seema Ghadse, is also serving a life sentence after being convicted under Section 302 IPC for murdering her husband. Originally from Maharashtra, Seema married a man in Jodhpur’s Ghantaghar area in 2016.
According to the prosecution case, barely two months after the marriage, she allegedly slit the wrists of her sleeping husband with a sharp weapon and initially claimed that burglars had entered the house. She was convicted and sentenced to life imprisonment in 2019.
