said case were as under:-
"i. Whether the right to procreation survives
incarceration, and if so, whether such a right is
traceable within ... ought to permit creation of facilities for the
exercise of right to procreation during
incarceration?
"iii. Whether 'right to life
whether such a right is
traceable within our Constitutional framework?
Yes, the right to procreation survives incarceration. Such a
right is traceable and squarely falls ... convicts are entitled to such
right(s)?
Ordinarily, all convicts, unless reasonably classified, are
entitled to the right to procreation while incarcerated. Such
a right
child would mean
curtailing this fundamental right to parenthood, due to incarceration
of a convict. The right to procreate, in this Court's opinion ... interpret the constitutional rights in favour of upholding and
including new situations and challenges holds that right to
parenthood and procreation is fundamental right
whether such a right is traceable
within our Constitutional framework?
Yes, the right to procreation survives incarceration. Such a
right is traceable and squarely falls ... convicts are entitled to such right(s)?
Ordinarily, all convicts, unless reasonably classified, are
entitled to the right to procreation while incarcerated. Such a
right
WHETHER A CONVICT IS ENTITLED TO PAROLE FOR
MAINTAINING CONJUGAL RIGHTS OR PROCREATION WITH
HIS 'LIVE-IN PARTNER' WHEN HE ALREADY ... delicate equilibrium
between individual rights and broader societal considerations.
It is essential to recognize that the right to procreate is
inherently linked to the notion
regarding
conjugal rights of the prisoners. The core issues in the case were (i)
whether the right to procreation survives incarceration, and if so,
whether ... child would mean
curtailing this fundamental right to parenthood, due to
incarceration of a convict. The right to procreate, in this Court's
opinion
whether such a right is
traceable within our Constitutional framework?
Yes, the right to procreation survives
incarceration. Such a right is traceable and
squarely falls ... Human Rights.
ii. Whether penalogical interest of the State permits
or ought to permit creation of facilities for the
exercise of right to procreation during
laws which touch and concern freedom of
speech and religion, voting procreation, rights with respect
to criminal procedure etc. Judicial deference to
legislature in instances
P.M. Ashwathanarayana Setty & Ors. Etc. ... vs State Of Karnataka & Ors on 22
liberty except according to the procedure established by law. Right to marry and right to procreation of third and subseqent child is neither a Common ... infringes any of the fundamental rights, Common Law right or a marital right of procreation of a child.
42. We, also, fail to understand
