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"Delay in having a biological child would mean curtailing this fundamental right to parenthood, due to incarceration of a convict. The right to procreate, in this court's opinion survives despite incarceration, in certain set of facts and circumstances of a given case, as the present one," Justice Sharma said in a recent order.
Driving home the seriousness and magnitude of the problem, the apex court has viewed the issue through the prism of fundamental rights, specifically the Right to Life under Article 21 of the Constitution.
A Delhi High Court bench of chief justice G Rohini and justice Sangita Dhingra Sehgal, on March 1, 2017, issued a notice to the government and directed it to examine the alleged discriminatory practice R
