The Delhi High Court in the case Kundan Singh v. The State Of Govt. Of NCT of Delhi observed and has ruled that the convict has the right to parenthood and procreation and such an individual does not become a lesser citizen only due to the incarceration. The bench headed by Justice Swarana Kanta Sharma in the case observed and has stated that while, Judiciary in Bharat, has always stubbornly refused to hold that prisoners have no fundamental rights, this Court following the same tradition as handed over by judges of the Hon’ble Apex Court and this Court respectfully takes the intent to interpret the constitutional rights in favour of upholding and including new situations and the challenges holds that right to parenthood and procreation is fundamental right of a convict while considering the pecuniary facts of the matter. The court in the case observed that though the human right of personal liberty of a convict has to be surrendered in favour of the safety of the State and for establishing rule of law, thus, the convict in the case cannot be denied the protection of fundamental right to life, which will also include right to have a child. The court stated that this court holds that where the age of the convict and the biological clock of the convict and his marital partner has the potential of becoming a barrier for them to conceive and procreation of a child in future as a result of long incarceration of a convict, thus, the prayer of them will need to be attended and adjudicated with empathy, though within the parameters of law. The bench of Justice Sharma in the case was dealing with the petition moved by a convict Kundan Singh wherein seeking his release on parole on the ground that he had been married for last three years and does not have a child so far. He also wanted to undergo certain medical tests as he and his wife wanted to have a child through IVF procedure. The court observed that Singh, who being the life convict, had already undergone more than 14 years of incarceration, without remission. The court convicted him in the murder case. The court in the case observed and has granted Singh parole for four weeks, wherein the court considered that the petition to facilitate medically-assisted procreation due to his advanced age as well as his wife’s, was grounded in a genuine desire to protect and preserve their lineage. The court stated that the right to procreation is not absolute and necessitates a contextual examination. While taking into account factors such as the prisoner’s parental status and age, a fair and just approach can be adopted to preserve the delicate equilibrium between individual rights and broader societal considerations. However, the bench of Justice Sharma in the case observed and has clarified that the said court was not dealing with the prayer for grant of parole for maintaining conjugal relationship and conjugal rights while being imprisoned or allowing conjugal visits.The court while considering the facts and circumstances of the case stated that the said court was dealing with the fundamental right of a convict, to undergo treatment required, to have a child while being granted parole on this ground itself, within the parameters of law and rules governing the grant of parole as stated under the Delhi Prisons Rules, 2018.