Kerala High Court Dismisses PIL Challenging Enhanced Wages for Convicted Prisoners
The Kerala High Court on Thursday dismissed a public interest litigation (PIL) that challenged the state government's decision to significantly increase the wages paid to convicted prisoners. A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar ruled that the wage enhancement forms part of legitimate policy choices available to the state administration.
Petitioner's Arguments Against Prisoner Wage Hike
The PIL was filed by Ajeesh Gopi Kalathil, a lawyer based in New Delhi, who argued that the enhanced wages for prisoners created an unfair economic disparity. Kalathil contended that the revised prisoner wages were not in parity with wages fixed for various categories of workers through official notifications.
The petitioner highlighted that prisoner wages had been substantially increased from the earlier scale of Rs 63-Rs 168 per day to Rs 530-Rs 620 per day. This translates to monthly earnings of Rs 15,000-Rs 18,600 for convicted prisoners, with all living expenses being borne by the state.
Kalathil contrasted this with the remuneration received by law-abiding workers, including:
- MGNREGA labourers
- ASHA and Anganwadi workers
- Trained nursing staff
All these categories continue to subsist on significantly lower wages despite their essential contributions to society.
Reference to Minimum Wage Regulations
The petitioner specifically referred to a government order dated September 6, 2023, issued under Sections 3 and 5 of the Minimum Wages Act, 1948. This order revised statutory minimum wages for workers in the Electronic Equipment, Home Appliance and Operation of Software System Industry sector, establishing the following monthly wage structure:
- Highly skilled workers: Rs 18,000
- Skilled workers: Rs 16,460
- Semi-skilled workers: Rs 15,720
- Unskilled workers: Rs 15,000 (and Rs 14,650 in certain categories)
Kalathil argued that enhancing prisoners' wages beyond those of legitimate labourers would create what he termed a "constitutionally impermissible economic inversion." He maintained that such disparity undermined the dignity of honest workers while providing disproportionate benefits to convicted individuals.
Court's Rationale for Dismissal
The division bench rejected the petitioner's contentions, observing that the non-revision of pay scales for other categories of workers does not legally preclude the state from revising wages for prisoners. The court emphasized several key points in its reasoning:
- Prisoners are not being paid without work - the wage enhancement forms part of a comprehensive rehabilitation scheme
- The state has legitimate policy discretion in determining prisoner compensation
- Rehabilitation of prisoners serves important social objectives
- The wage structure for prisoners operates within a different framework than general labour regulations
The bench noted that prisoner wages serve multiple purposes beyond mere compensation, including rehabilitation, skill development, and preparation for reintegration into society after completing sentences.
Accordingly, the Kerala High Court dismissed the PIL, upholding the state government's authority to determine appropriate wage structures for convicted prisoners as part of its broader correctional and rehabilitation policies.
