The theory of reformation is focused on the convict and that has nothing to do with the desire of a convict to have a child, which for no fault on its part is going to carry a stigma throughout its life, Madurai Bench of the Madras High Court has said.

A Division Bench of Justices N. Anand Venkatesh and K.K. Ramakrishnan made the observation while dismissing a petition filed by Jalani of Sivaganga district who sought grant of ordinary leave to her husband I. Muthumani, sentenced to life imprisonment in the Kachanatham caste murders case.

The Special Court for Exclusive Trial of SC/ST Act Cases sentenced Muthumani to life imprisonment. The verdict was confirmed by the High Court. No appeal has been filed before the Supreme Court. The convict is lodged in Madurai Central Prison.

The petitioner submitted a representation to the prison authorities seeking ordinary leave to her husband on the ground that she wanted to have a child through him, and for this purpose they had to undergo fertility treatment. However, the prison authorities rejected the representation citing life threat and law and order issue.

The State submitted that the leave under Tamil Nadu Suspension of Sentence Rules, 1982, could not be claimed as a matter of right. It was only a privilege given to a convict and, therefore, unless the conditions were satisfied under the Rules, ordinary leave could not be granted to the convict.

The Division Bench said both the petitioner and the convict were conveniently ignoring the right of a child to be born. The child would grow up with a stigma that it was the child of a person serving life sentence for having committed triple murder.

The court could not turn a blind eye to this reality and, therefore, while balancing the right of the petitioner and the child, the court was more concerned about the welfare of the child which would face the consequences psychologically exerted by society. Neither the petitioner nor the convict would have the right to place the child in such an unfortunate position right through its life, the court said and dismissed the petition.