Wife of a life convict in a _triple murder case_. Husband in jail 18 years. No child.

[12/05, 20:48] sekarreporter1: https://www.livelaw.in/high-court/madras-high-court/madras-high-court-no-ordinary-leave-convict-triple-murder-case-fertility-treatment-533911
[12/05, 20:48] Meta AI: *Madras HC: “No ordinary leave for convict in triple murder case, even for fertility treatment”*
*Larger Bench | May 12, 2026*

*1. What’s the case?*
*Petitioner*: Wife of a life convict in a _triple murder case_. Husband in jail 18 years. No child.

*Request*: 6 weeks _ordinary leave_ for husband to undergo infertility treatment with her. Earlier, a Division Bench had granted 2 weeks leave for same purpose.

*2. Key legal issue before Larger Bench*
Does a prisoner have a _fundamental right to conjugal relationship_ under Article 21? Can _ordinary leave_ be claimed for infertility treatment?

*3. HC’s ruling – 3 important clarifications* a400

1. *No fundamental right to conjugal relationship “as a course”*:
> _“The denial of conjugal relationship of the convict for specific purpose may amount to denial of fundamental right… The specific purpose may be infertility treatment or some similar reason, but it should not be construed to be a fundamental right for having conjugal relationship as a course.”_

2. *Infertility treatment = ‘Extraordinary reason’, not ‘ordinary leave’*:
Leave for _“specific purpose”_ like infertility treatment falls under _“extraordinary reason”_ in Rule 20(7), TN Suspension of Sentence Rules, 1982. It’s different from routine conjugal visits.

3. *State can grant leave, but convict can’t claim it as right*:
_“Leave cannot be claimed as a right by the prisoner/ convict for having a conjugal relationship with spouse without an ‘exceptional reason’.”_ State _may_ grant for infertility treatment. a400

*4. Background: Two lines of judgments*
1. *Liberal view – Justice S Vimala, 2017*: _“Conjugal visits of the spouse of the prisoners is also the right of the prisoner”_. Granted 2 weeks leave for fertility treatment. Said conjugal visits reduce recidivism, keep family functional.

2. *Restrictive view – Larger Bench, 2026*: Distinguishes _“conjugal relationship as a course”_ vs _“specific purpose like infertility”_. Only the latter may touch Article 21. No blanket right. b07a

*5. Why triple murder case matters*
Court noted _“gravity of offence”_ is relevant. Ordinary leave routinely denied to life convicts in heinous crimes. But _extraordinary leave_ for medical reason like infertility can be considered case-by-case, even for triple murder convict.

*Facts here*: Husband 40, wife 32, married before conviction, childless. Doctors said pregnancy possible with treatment. b07a

*6. Practical outcome*
1. *Not “ordinary leave”*: Can’t get 6 weeks routine leave. Must show _extraordinary reason_ + medical proof.
2. *Court can grant*: If doctors confirm treatment need + possibility of conception, court may grant 2 weeks initially, extendable by 2 more.
3. *No conjugal right*: Prisoners don’t have automatic right to sex/marital life. State can permit for _procreation as Article 21 right_, but narrowly. 00d3

*7. Bigger picture – May 2026*
1. *Same day as SC bail reforms*: CJI Surya Kant said _“protect victim rights”_. Here HC balances _convict’s Article 21_ vs _gravity of triple murder_.
2. *Policy push*: Earlier benches asked TN govt to form committee on _conjugal visits in jails_ like other countries. Larger Bench doesn’t reject that, but limits it to _specific medical purposes_. 00d3

*Bottom line*: _Infertility treatment can be “extraordinary reason” for leave even for life convicts. But there’s no fundamental right to conjugal visits. Gravity of crime + stage of investigation still matter._

Want the full text of Rule 20 TN Suspension of Sentence Rules, or difference between _ordinary_, _emergency_ & _extraordinary_ leave?