Right to perform last rites is part of dignity under Article 21; mechanical denial of parole impermissible: Delhi High Court
Times of India
by VATSAL CHANDRAFebruary 25, 2026
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The Delhi High Court has reaffirmed that the right to perform last rites of a family member is an essential religious and moral obligation, protected under Article 21 of the Indian Constitution. In a significant judgment, the court held that denying parole to a convict in such circumstances would infringe upon their fundamental right to dignity. This decision highlights the humanitarian aspect of India’s parole jurisprudence, emphasizing the importance of family ties and social integration even for convicts.
The case involved Ajmer Singh alias Pinka, a convict serving a 14-year rigorous imprisonment sentence for offenses under Sections 376 IPC (rape), 354B IPC (outraging modesty of women by force), and other related charges. Singh sought emergency parole to attend his father’s “Tehravi” ceremony, following the elder’s sudden demise due to a heart attack. Despite objections from the state, citing Delhi Prison Rules that limit parole spells to four weeks at a time, the court granted him two months’ parole on humanitarian grounds.
The judgment underscores the broader implications of balancing punitive justice with human rights. While acknowledging the seriousness of the petitioner’s crimes, the court stressed that temporary release for religious and familial duties reflects the reformative intent of the law. This ruling sets a precedent for considering compassionate factors in parole decisions, aligning Indian jurisprudence with global trends toward more humane prison policies.
The Delhi High Court’s decision is significant not only for India but also for international audiences
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Originally published on Times of India on 2/25/2026