Kochi, February 5: The Kerala High Court dismissed a public interest litigation (PIL) challenging the significant increase in wages for convicted inmates, as decided by the state government.
A bench comprising Justices Soumen Sen and V.M. Syam Kumar upheld the validity of the executive order issued by the state government on January 9.
Under this order, the daily wage for prison labor was raised from a previous range of ₹63 to ₹168, now set between ₹530 and ₹620.
The petitioner, Advocate A.K. Gopi, argued that this amendment represented a substantial wage increase, with some categories seeing nearly a nine-fold rise. According to the new rates, inmates could earn between ₹15,000 and ₹18,600 per month, while the state already provides essential services such as food, housing, clothing, and medical care free of charge.
The petition described this as a “constitutionally unacceptable economic upheaval,” arguing that it would grant inmates greater financial benefits compared to free laborers.
The petitioner referenced a Supreme Court ruling in the case of State of Gujarat vs. High Court of Gujarat [(1998) 7 SCC 392], which stated that prison labor cannot be considered ’employment’ in the traditional sense. The purpose of wages for inmates is not to match minimum wage standards but to promote equality and encouragement.
The Supreme Court also cautioned that, considering the facilities provided by the state, prison wages should not place inmates in a better economic position than free workers.
Additionally, the petition mentioned notifications issued by the Kerala government under the Minimum Wages Act of 1948, which set monthly salaries at ₹15,000 for unskilled workers, ₹15,720 for semi-skilled workers, and ₹18,000 for skilled workers, without any subsidies for housing or food.
It was further argued that the allowances received by elected representatives in local self-governance bodies are also lower than the revised prison wages.
However, the court rejected all these arguments. The bench stated that the state government could not be prevented from revising inmate wages based on the absence of salary revisions for other employee categories.
The court clarified that other groups are free to seek salary revisions through appropriate channels.
The judges emphasized that the wages provided in prison are part of the rehabilitation process. They noted that inmates are not paid without work, and this scheme aims to facilitate their reintegration into society.
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