Kochi, Feb 5 (SocialNews.XYZ) The Kerala High Court on Thursday dismissed a public interest litigation challenging the state government's decision to enhance the wages paid to convicted prisoners.
A Division Bench, comprising Justice Soumen Sen and Justice V.M. Syam Kumar, rejected the petition filed by advocate A. K. Gopi, which questioned the legality of the government's executive order dated January 9.
The order revised daily wages for prison labour from the earlier range of Rs 63 – Rs 168 to between Rs 530 and Rs 620.
The petitioner contended that the revision amounted to a multi-fold increase and, in certain categories, nearly a nine-fold rise in wages at one time.
It was argued that the revised structure would result in prisoners earning approximately Rs 15,000 to Rs 18,600 per month, while all essential living expenses including food, accommodation, clothing and medical care, continue to be fully borne by the State.
This, the petitioner submitted, created a "constitutionally impermissible economic inversion", where prisoners would enjoy a financial advantage over free workers.
Reliance was placed on the Supreme Court judgment in State of Gujarat v. High Court of Gujarat [(1998) 7 SCC 392], which held that prison labour is not "employment" in the conventional legal sense and that wages paid to prisoners are intended to be equitable and incentive-based rather than equivalent to statutory minimum wages.
The Apex Court had cautioned that prison wages should not place inmates in a better economic position than free labour once State-provided facilities are taken into account.
The petition also referred to minimum wage notifications issued by the Kerala government under the Minimum Wages Act, 1948, noting that unskilled workers are entitled to a basic monthly pay of Rs 15,000, while semi-skilled and skilled workers receive Rs 15,720 and Rs 18,000 respectively, without subsidised living costs.
It was further argued that the honorarium paid to elected representatives in local self-government institutions is lower than the revised prison wages.
Rejecting these arguments, the Court observed that the non-revision of pay scales for other categories of workers cannot prevent the State from revising prison wages.
The Bench noted that other sections are free to seek revision of their pay scales through appropriate channels.
The Court further observed that prison wages form part of the rehabilitation process.
The judges noted that prisoners are not receiving wages without work and that the scheme is intended to aid their rehabilitation and reintegration.
The petition had also challenged the authority of prison officials to fix wages at such levels under the Prisons Act, 1894 and State Prison Rules, and alleged procedural lapses, including the non-publication of the government order in the official Gazette or on the government website, in violation of the Right to Information Act, 2005.
After hearing the matter, the High Court dismissed the petition.
Source: IANS
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