Kerala High Court rejects PIL against wage enhancement of prisoners to ₹500+ a day

The Kerala High Court on Thursday dismissed a Public Interest Litigation (PIL) petition challenging the State government's decision to significantly enhance the daily wages of prisoners in Kerala [Ajeesh Kalathil Gopi v State of Kerala & ors]

As per the revised structure, prison inmates will now receive wages between ₹530 to ₹620 per day, with skilled workers earning ₹620, semi-skilled earning ₹560 and unskilled workers earning ₹530.

Prior to this revision in wages, prisoners were earning a minimum of ₹63 to a maximum of ₹168, a structure which had remained unchanged since 2018 when the wages were last revised.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM refused to interfere with the government's notification enhancing the wage structure and dismissed the petition.

The PIL was filed by advocate Ajeesh Kalathil Gopi, questioning the legality of the government's notification dated January 9.

Gopi stated that the steep hike in wages resulted in prisoners earning amounts equivalent to ₹15,000 to ₹18,600 per month, while their food, shelter, clothing and other basic needs were already fully borne by the State.

According to him, this resulted in inmates having a net economic advantage over many law-abiding citizens who meet all their expenses from their wages itself.

He compared the revision in wages with the earning of several categories of workers outside jail, such as MGNREGA labourers, ASHA and Anganwadi workers, and even trained nursing staff in the private sector, many of whom earned far less and argued that the revised wages for prisoners amounted to discrimination and inequality under Article 14 (right to equality) of the Indian Constitution.

The plea also stated that such revision in wages created an 'economic inversion', meaning a situation where incarceration becomes financially more rewarding than honest employment.

"The present petition does not challenge reformative justice or humane treatment of prisoners, but assails its distortion into a constitutionally impermissible economic inversion whereby incarceration is rendered more economically rewarding than lawful employment," the petition said.

During the hearing, Chief Justice Sen orally observed that prisoners were engaged in work within the prison system and earned their wages as part of the structured scheme.

"The prison engages them for various work and they earn a remuneration and unlike the other persons, they don't have right to move around. They are not allowed to go outside the prison, roam around like you…So these are the reasons for that. So we don't find any reason to interfere with that. This is a policy decision," CJ Sen told the counsel orally.

However, the petitioner responded that even though policy decisions are immune from judicial review, prison labour should remain reformative and not an employment in the conventional sense. Wages paid to the inmates should not be a source of economic privilege where they get placed in the same level or above law-abiding citizens.

"They are not getting it for free. They're working inside the prison and they earn their salary. That is part of the scheme. So that once they're released, they can be rehabilitated," CJ Sen replied.

Ultimately, the Court made it clear that it would not interfere with the government's decision and dismissed the petition.

The petitioner appeared in person.

[Detailed Judgment Awaited]