Lordship n kirubakaran j suo motu impleadNational Commission for Women full order

[8/23, 16:58] Sekarreporter 1: Additional Public Prosecutor
O R D E R
(Order of the court was made by
N.KIRUBAKARAN.J.,)
The matter is heard through “Video Conferencing”.
2. The wife has filed this petition seeking parole for her
husband, who has been convicted for life in S.C.No.456 of 2000
dated 02.05.2003 by the Learned Fast Track Court No.II, Madurai
and he has been in jail for more than 20 years.
3.It is stated in paragraph No.4 of the petition that the convict
came out on parole for one day and got married to the petitioner 10
years back on the same day and returned back to the prison on the
same day. From the date of marriage, she has been living with her
mother-in-law. It is evident from the averments made in the affidavit
itself that when the convict was inside the prison and undergoing
imprisonment, he got married. It is not known as to whether the
consent of the petitioner has been obtained by coercion due to
communal and religious compulsion or she married the convict out
of her free will. It is not only in the present case, but in many cases
the persons who are undergoing life imprisonment are getting
married and thereafter they have returned back to the prison.
4.The mental agony and hardship which women would have to
undergo by marrying the convicts is unimaginable as they have to
lead their life alone. Therefore, a mechanisum has to be devised to
see that before getting married, the Women Commission examines
the girl who is supposed to marry the convict and find out whether
her consent has been obtained by force or coercion due to various
religious and communal reasons or she consented on her own. No
[8/23, 16:59] Sekarreporter 1: lady will come forward to marry a person who is undergoing
imprisonment, that too, life imprisonment as nowadays, girls are
putting so many conditions even to marry a person who is leading a
normal life in the society. This aspect has to be gone into in detail.
Whenever a girl marries a convict, her life gets crippled and she is
also psychologically and physiologically affected apart from the
stigma which she has to bear. A normal married lady always need
moral support and physical companionship of her husband
throughout her life.
5.This Court having already clubbed together the matters in which the
convicts get married when they are undergoing imprisonment and made the
National Commission for Women and the State Commission for Women as
parties to the said proceedings, the following parties are suo motu impleaded as
respondents 4 to 6 to the present proceedings:
1.The National Commission for Women,
Plot – 21, Jasola Institutional Area,
New Delhi – 110 025.
2.The State Commission for Women,
PWD Estate, Chepauk, Triplicane,
Chennai, Tamil Nadu 600 005.
3.Union of India rep. by its Secretary,
Ministry for Women and Child Development,
Shastri Bhavan, Dr. Rajendra Prasad Road,
New Delhi.
6.Mrs. M. Prabhavathi, learned Additional Public Prosecutor
takes notice on behalf of the respondents 1 to 3, apart from the newly
impleaded 5
th
respondent and Mr. G. Karthikeyan, learned Assistant
Solicitor General takes notice on behalf of the newly impleaded 4
th
& 6
th
respondents.
Call the matter on 27.08.2020 along H.C.P.No.1280 of 2020
[8/23, 17:00] Sekarreporter 1: lady will come forward to marry a person who is undergoing
imprisonment, that too, life imprisonment as nowadays, girls are
putting so many conditions even to marry a person who is leading a
normal life in the society. This aspect has to be gone into in detail.
Whenever a girl marries a convict, her life gets crippled and she is
also psychologically and physiologically affected apart from the
stigma which she has to bear. A normal married lady always need
moral support and physical companionship of her husband
throughout her life.
5.This Court having already clubbed together the matters in which the
convicts get married when they are undergoing imprisonment and made the
National Commission for Women and the State Commission for Women as
parties to the said proceedings, the following parties are suo motu impleaded as
respondents 4 to 6 to the present proceedings:
1.The National Commission for Women,
Plot – 21, Jasola Institutional Area,
New Delhi – 110 025.
2.The State Commission for Women,
PWD Estate, Chepauk, Triplicane,
Chennai, Tamil Nadu 600 005.
3.Union of India rep. by its Secretary,
Ministry for Women and Child Development,
Shastri Bhavan, Dr. Rajendra Prasad Road,
New Delhi.
6.Mrs. M. Prabhavathi, learned Additional Public Prosecutor
takes notice on behalf of the respondents 1 to 3, apart from the newly
impleaded 5
th
respondent and Mr. G. Karthikeyan, learned Assistant
Solicitor General takes notice on behalf of the newly impleaded 4
th
& 6
th
respondents.
Call the matter on 27.08.2020 along H.C.P.No.1280 of 2020

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