In a significant order balancing prison administration with constitutional rights, the Rajasthan High Court has permitted a convicted prisoner lodged in an open air camp to solemnize his marriage within the prison premises. The Court observed that the right of two consenting adults to marry is an intrinsic part of the right to life and personal liberty guaranteed under Article 21 of the Constitution.
Background of the Case
The case arose from an application filed by Moola Ram, who was convicted in a criminal case and has remained in custody since February 16, 2017. After fulfilling the prescribed eligibility conditions, he was shifted to the Open Air Camp at Mandor, Jodhpur.
During his stay at the camp, he sought permission to marry Miss Seema, another convict who had already been released on bail. His counsel relied on the Rajasthan High Court's earlier decision in Nand Lal v. State Department of Home & Ors., which recognised the importance of rehabilitation, family life, and the rights associated with marriage and procreation.
Court's Observations
A Division Bench comprising Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar noted that the State itself had no objection to the proposed marriage.
The Bench observed,
"Solemnization of marriage between two consenting adults is an intrinsic facet of right of life and personal liberty guaranteed under Article 21 of the Constitution of India."
The Court further stated that marriage has long been recognised across religions and cultures as a foundational social institution. It also referred to earlier judicial precedents, including Nand Lal and Jasvir Singh v. State of Punjab, which discussed prisoners' constitutional rights and the reformative purpose of the prison system.
The prosecution placed on record a report confirming that Moola Ram and Miss Seema were in a live-in relationship and intended to celebrate their marriage. The Public Prosecutors also informed the Court that such a ceremony could lawfully take place inside the open air camp while maintaining its decorum.
Court's Decision
Accepting the application, the High Court granted permission for the marriage to be conducted within the Open Air Camp.
The Court directed that:
1. Up to 21 family members, including those performing the marriage rituals, may attend the ceremony, with authorities free to permit additional guests if appropriate.
2. The applicant must inform prison authorities of the proposed marriage date so that necessary permission can be granted.
3. Prison authorities may impose conditions necessary to maintain discipline and sanctity within the open air camp.
4. All expenses relating to the marriage ceremony shall be borne by the applicant.
With these directions, the Court disposed of the suspension of sentence application.
Case Details
Case Title: Moola Ram v. State of Rajasthan
Case Number: D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1159/2026
Judge: Justice Pushpendra Singh Bhati and Justice Praveer Bhatnagar
Decision Date: July 15, 2026
