Rajasthan High Court: Right to Dignity Encompasses Duties of a Good Husband

the Rajasthan High Court emphasized that the right to live a dignified life under Article 21 of the Constitution extends to fulfilling one’s responsibilities as a spouse. The Court held that the right to dignity inherently includes the right to fulfill familial and marital duties, which are integral to human dignity and societal expectations. This observation was made while granting interim bail to a man whose wife required urgent medical surgery.

Justice Arun Monga observed that the fundamental right to live with dignity under Article 21 also encompasses acting as a supportive spouse, as symbolized by the marital vows taken during the traditional Hindu saptapadi ceremony. The October 24 bail order came in response to the plea of a petitioner facing multiple charges related to cheating and other offenses connected to the Sanjivani Credit Cooperative Society.

The petitioner, who had been in custody since November 2022, was charged under several sections of the Indian Penal Code, including Section 406 (criminal breach of trust), Section 420 (cheating), Section 409 (breach of trust by a public servant), Section 467 (forgery), Section 468 (forgery for cheating), Section 471 (using a forged document), and Section 120-B (criminal conspiracy). He sought temporary bail of three months, arguing that his wife’s critical spinal condition required immediate surgery, for which she lacked support in his absence.

Although the prosecution was given time to respond to the petition on October 16, it did not contest the severity of his wife’s medical condition. Consequently, on October 24, the Court granted the petitioner 60 days of interim bail to care for his wife following her surgery. The Court noted that there was minimal risk of the petitioner absconding or tampering with evidence, as the majority of evidence was documented and already secured.

Based on the petitioner’s essential role as a caregiver and the lack of alternative family support, the Court granted him temporary bail on humanitarian grounds. Advocate Priyanka Borana represented the petitioner, while the public prosecutor, Advocate Vikram Rajpurohit, appeared on behalf of the State.